FOR IMMEDIATE RELEASE
Odyssey Sued For Patent Infringement
Bentonville, AR, March 7, 2002 – Brass Eagle Inc. (NASDAQ: XTRM) has filed suit against Texas-based Odyssey Paintball Products, LLC for infringement of a Brass Eagle Inc. patent covering a motorized, active feed paintball loader. The suit was filed in federal court in Greenville, South Carolina. Also named as defendants in the suit are Greenville-based wholesale distributor Paintball, Incorporated, and local paintball retailers Axis/1st Shot Paintball and 111 Paintball.
The Brass Eagle patent – US 5,816,232 – covers Brass Eagle Inc.’s popular VIEWLOADER EVLUTION and VIEWLOADER REVOLUTION electronic feeder loaders. Odyssey’s recently introduced HALO active feed loader is the accused product in the suit.
Brass Eagle Inc. has asked the court to enjoin all of the named defendants from selling HALO loaders, and to award it damages for their infringement. In addition, Brass Eagle Inc. has asked the court to find Odyssey liable as a willful infringer, and to assess treble damages and attorney fees against Odyssey.
“Brass Eagle Inc. has a substantial investment in intellectual property rights covering innovative products, and intends vigorously to protect that investment by taking action against imitators who violate those rights,” said Brass Eagle Inc. President Lynn Scott. “We are confident in our legal position, and fully expect to prevail,” he said.
Brass Eagle Inc., based in Bentonville, Arkansas, is the leading designer, manufacturer, marketer and distributor of paintball products, including markers, loaders, paintballs, apparel and related accessories. For complete information about the VIEWLOADER line of electronic loaders, please visit www.viewloader.com.
Certain statements in this press release (including statements containing the words "expect," "will," "believe," "continue," “anticipate,” "could," "intend" and similar words) may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Brass Eagle, its industry or others to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Important factors that could cause actual results to differ materially from Brass Eagle's expectations include the following: (1) Intensifying competition, including specifically the intensification of price competition, the entry of new competitors and the introduction of new products by new and existing competitors; (2) Failure to obtain new customers or retain existing customers; (3) Inability to carry out marketing, sales or other business plans and strategies; (4) Loss of key executives; (5) General economic and business conditions which are less favorable than expected; and (6) Unanticipated changes in industry trends.
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