LIBERTY, Mo., June 3 /PRNewswire-FirstCall/ -- American Biophysics
Corporation ("ABC") issued a press release on May 26, 2004, regarding the
pending International Trade Commission ("ITC") proceeding involving insect
traps. That release states that a consent order entered into by Blue Rhino and
ABC "supports patent infringement violations." Blue Rhino desires to clarify
publicly the status of the ITC proceeding and the background of the consent
order.
ABC filed a patent infringement lawsuit against Blue Rhino in Rhode Island
on August 8, 2003, and subsequently filed a complaint against Blue Rhino with
the ITC seeking an order barring further import and sale of the SkeeterVac(R)
model SV 1000. Prior to the lawsuit or ITC complaint, Blue Rhino announced a
new product line for 2004 with improved technology and had determined that the
SV 1000 would no longer be offered for sale in the United States. Blue Rhino
voluntarily entered into a consent order regarding the SV 1000 since it had
already determined not to sell that model of its product going forward.
Significantly, there have been no findings of infringement in the pending
ITC matter or in the Rhode Island court proceeding, regarding either the SV
1000 or the 2004 SkeeterVac product line. The consent order does not include
any findings of patent infringement as the ABC release suggests.
The pending ITC proceeding is currently expected to conclude in October
2004. Thereafter, ABC may elect to pursue its pending claims in federal court
in Rhode Island. If pursued, Blue Rhino intends to defend such claims. In
addition, Blue Rhino has pending claims against ABC in North Carolina for
cyber-squatting and unfair and deceptive trade practices, among other claims.
Blue Rhino expects to direct the court's attention to ABC's May 26, 2004,
press release as further evidence of its pattern of unfair and deceptive trade
practices. Blue Rhino also intends to seek to invalidate ABC's patents as
being anticipated by prior art, obvious, indefinite and obtained through
inequitable conduct. Blue Rhino expects to prevail on its claims.
"Blue Rhino expects to prevail in the pending litigation matters and
expects the SkeeterVac to be available for consumers for years to come," said
Billy Prim, Blue Rhino's CEO.
Blue Rhino is a leading national provider of branded propane tank exchange
and complementary propane-fueled products to consumers. Blue Rhino tank
exchange is offered at leading home improvement centers, mass merchants,
hardware, grocery, and convenience stores, with branded tank displays at more
than 30,000 retail locations in 50 states, Puerto Rico and the U.S. Virgin
Islands. The company's propane-fueled products include appliances such as
grills, patio heaters and mosquito eradication devices, which are sold through
many of the same retailers that offer Blue Rhino's branded tank exchange
service. Blue Rhino is a division of Ferrellgas, L.P. For further information
regarding Blue Rhino, visit the Blue Rhino Web site at
http://www.bluerhino.com .
Statements in this release concerning expectations for the future are
forward-looking statements. A variety of known and unknown risks,
uncertainties and other factors could cause results, performance and
expectations to differ materially from anticipated results, performance or
expectations. These risks, uncertainties and other factors are discussed in
Ferrellgas Partners, L.P. Annual Report on Form 10-K for the fiscal year ended
July 31, 2003, and other documents filed from time to time, by Ferrellgas
Partners, with the Securities and Exchange Commission.
(R) SkeeterVac is a registered trademark of Blue Rhino Global Sourcing,
LLC., which is a wholly-owned subsidiary of Ferrellgas, L.P. Ferrellgas, L.P.
is a subsidiary of Ferrellgas Partners, L.P.
Contact: Ryan VanWinkle, Investor Relations, 816-792-7998
SOURCE Ferrellgas Partners, L.P.