"We are very much in business. The order will not even create a dent on our current brisk sales of concrete roof tiles. We will just refrain from offering the minor accessory in question pending the resolution of the case," according to CMPI general manager Rodolfo Bueno.
Bueno pointed out that the subject down-ending (eaves) concrete roof tiles, which another company claims to have patented, represents less than one percent of CMPI’s total sales and has no impact on its production and marketing operations.
"The eaves that another company claims to have patented are just accessories for our main products, which are concrete roof tiles. We continue to produce and market concrete roof tiles because these are not subject to the pending case," Bueno said.
Early this month, there were published reports that the Intellectual Property Office (IPO) issued a preliminary injunction against CMPI and as a result the latter is ordered to refrain from using a contested roofing accessory. CMPI emphasized that such reports may mislead the public because IPO’s preliminary injunction order did not extend to CMPI’s main products.
Bueno said CMPI filed a motion for reconsideration on Nov. 28, 2003 with the IPO to challenge and question the order for the issuance of the preliminary injunction. With the filing of its motion for reconsideration, the preliminary injunction order issued against CMPI is not yet final.