A federal court ruling ordering a Utah-based archery manufacturer to pay $2.3 million for patent infringement should not have a negative impact on the company, a spokesman says.
"It's not going to affect the employment or the operations of our company at all," said Paul Thompson, who explained Browning Manufacturing Co. set aside money in an escrow account with which to make payment in case the decision went against it.But Browning attorney Thomas Rossa said the amount to be paid to Missouri-based Allen Archery likely will be appealed.
"It could take another year or a year and a half before any money is paid, if at all," Rossa said.
Allen's patent for a wheel-like device on compound bows expired in December 1986, he said, so Browning and other manufacturers can now use the design without paying royalties.
Robert Mallinckrodt, representing Allen Archery, said after inventing the compound bow in the late 1960s, the company had a problem finding anybody interested in taking a license on the patent to manufacture the bow.
Allen then began manufacturing the bow, said Mallinckrodt, who noted "since that time, the bow has taken over the archery industry."
He said after the bow became established, Allen Archery discontinued making it and dealt strictly in issuing licenses for companies wanting to make the bow.
Judge Aldon Anderson's 2-year-old finding that there was a patent infringement was recently upheld by the 10th Circuit Court of Appeals. Rossa said Anderson's final judgment on the damage phase of the case is expected within the next three to six weeks.