Synthetic Teak Boat Deck Patent Information

Fighting to Save an American Company & Save U.S. Jobs!!

PlasDECK, Inc. is a small American business that is family owned and operated. We have been facing patent litigation that Flexiteek International, a large multinational corporation, has been pursuing against us. Throughout this battle of David vs. Goliath, we at PlasDECK have put all of our faith and effort into the belief that we have a unique and original product and we have two U.S. Patents to prove it. We have nothing to hide. Below, you will find a brief outline of this court case.

- June 19, 2009 Flexiteek Americas, Inc. et al v. Plasteak, Inc. et al

Click here to view court docket for Civil Case No. 0:08-cv-60996-JIC.

On June 19, 2009, the U.S. District Court of Florida ruled in favor of Flexiteek International, in its patent infringement case against PlasTEAK and PlasDECK. Being a massive and wealthy multi-national corporation, Flexiteek had some impressive and expensive lawyers. The basis of Flexiteek’s argument was that the underside of PlasDECK’s decking material exhibits longitudinal slots when magnified 50x and therefore infringes on their patent.

But, do these look like longitudinal slots to you?

(photo of ours) (photo of theirs)

The unintentional microscopic marks on the bottom of our product are from the rollers during the extrusion process, something that occurs on all extruded products and cannot be avoided.

- December 2009 PlasDECK Receives Second U.S. Patent

Click here to view PlasDECK’s U.S. Patent #7,578,251
Click here to view PlasDECK’s U.S. Patent #7,617,791
Click here to view press release that describes the issuance of PlasDECK’s second patent.

PlasDECK’s patents had been pending and the issuance of this second patent validates the unique state-of-the-art properties of the decking material. The granting of the patent recognizes that PlasDECK is considerably different from competing products. This second patent declares that PlasDECK has a unique formulation of PVC that allows it to become a peel-and-stick product with a pressure sensitive adhesive backing.

- January 29, 2010 U.S. Patent Office Rejects the Whitaker Patent Used by Flexiteek

Click here to view the Patent Office’s re-examination and rejection of Flexiteek’s only U.S. patent (Re-examination Control No. 90/009,533).
Click here to view our press release for more information on this patent rejection.

PlasDECK, Inc. received notice from the U.S. Patent Office stating that the U.S. patent held by Derek Whitaker and used by the Norwegian synthetic decking company, Flexiteek International AS, has been rejected. Upon re-examination of this patent, the U.S. Patent Office has rejected patent #6,895,881 (the “’881 Patent”) on two counts with the conclusion that the patent does not provide sufficient parameters to demonstrate any uniqueness or originality of their product when compared to earlier patents. The rejection of the ‘881 Patent means that Flexiteek no longer has a valid U.S. Patent to infringe upon!

- February 5, 2010 U.S. District Court Places an Injunction on PlasDECK

Click here to view the Injunction (Document 112).

On February 5, 2010, PlasDECK Inc. learns that an injunction has been ordered to prohibit the making, using, offering to sell, and selling of any smooth-bottomed PlasDECK material. That’s why we now offer the E-Series with an embossed bottom.

- July 22, 2010 The Injunction on PlasDECK is Terminated!

The injunction placed on PlasDECK’s synthetic teak decking material is terminated by the U.S. District Court Judge in Southern Florida because of the U.S. Patent Office’s rejection of the Whitaker patent used by Flexiteek (#6,895,881 a.k.a. the “’881 Patent”). The removal of the injunction allows PlasDECK to manufacture, sell, and install any of their products, worldwide. After the lengthy and expensive court case with Flexiteek International AS, PlasDECK is pleased that their position has been recognized by the U.S. Patent Office and the Federal District Court.

“We would like to publicly extend our gratitude to our customers and installers for their support and patience over the past year as we have been working to resolve these issues. We haven’t lost a single OEM customer and the list of boat manufacturers that use our products continues to grow.” says Bill Gribble, President of PlasDECK, Inc. “It’s been a real battle of David and Goliath, but the public’s support for our company has helped us through these trying times.”