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This was posted on AOL by Uwatec USA. Dear Fellow Divers: When UWATEC USA came into the North American market we had very defined goals and objectives about the image of product quality and customer service we wanted to develop. UWATEC has long been synonymous with instruments that could be trusted by the diver and could be relied upon in even the most extreme situations. It has been very important to UWATEC to maintain the confidence and trust of the diving community and to produce diving computers which are unmatched technologically. With this approach to our marketing, we made a conscious decision to sell our instruments based upon their own merit, not through the denigration of a competitors products. We have always felt that the consumer will decide which instruments are the better choice and eventually the better product will win out. Ethically we felt an obligation not to create rumors about other manufacturers and have silently stood by as disinformation was put out about our products and as competitors attempted to sell their computers through the slandering of ours. This approach to business hurts not only the party involved but damages the industry as a whole. The consumer is no longer able to make an informed choice. He or she instead is swayed into a purchase through unethical and misinformed marketing practices. UWATEC has chosen not to be "on line" due to the time restraints caused by setting up the North American Headquarters of our company, however we feel we have to respond to the recent events which have taken place. In our opinion the posting of information pertaining to an on going litigation is both improper and shows the level to which this industry has sunken. Copies of the recent "stayed" implementation of an injunction against UWATEC USA, which would have taken effect on December 11, 1995, were not only posted on several "on line" services but were also sent to all the diving publications, and many well respected members of the diving community. We felt that this injunction was unfounded and was in fact "stayed" in a Friday afternoon hearing by Texas Federal Court Judge Paul Brown. As background, in the Texas patent infringement case, Cochran has alleged that UWATEC is infringing a patent that Cochran bought from an Australian entity. This now Cochran owned patent has claims that are directed to a "heads up display" (in the mask) hoseless dive computer as well as to a wrist mounted display hoseless dive computer. Notwithstanding current jurisdictional challenges raised by the Swiss manufacturer, UWATEC AG, the U.S. distributor, UWATEC USA, has been ordered to produce to Cochran the computer code (ROM Code) used in the Aladin Air-X dive computer. UWATEC USA and UWATEC AG maintain that they do not have possession, custody or control over this ROM Code in that the possession, custody or control of such ROM Code, as such is in the possession, custody and control of the developers, Markus Mock and Ernst Voellm (owners of the independent Swiss firm, Dynatron AG). UWATEC AG has instituted a lawsuit against Dynatron AG in Switzerland in an effort to force Dynatron AG to produce the ROM Code to UWATEC AG so that it, in turn, could provide in to UWATEC USA for production in response to the Texas Court's order. The Texas District Court's ruling in this matter are now the subject of an emergency appeal to the Court of Appeals for the Federal Circuit. As UWATEC USA contends that it cannot produce that which it does not have, it has not been able to comply with court's discovery order. With respect to the opposition in the European Patent Office between Dynatron AG and Cochran relating to the European version of the this same Cochran owned patent, the formal hearing on November 23, 1995 in the European Patent Office resulted in Cochran's European patent being invalidated as to all claims directed to wrist mounted display versions of hoseless dive computers, with the only claims remaining being those directed to the "heads up display" (in the mask) versions of hoseless dive computers. UWATEC believes that the same arguments and prior art references relied upon by the European Patent Office to invalidate these Cochran patent claims will result in the invalidation of all claims that are being asserted against UWATEC' "Aladin Air -X" in the U.S. lawsuit. It is unfortunate that we have had to come "on line" to clarify the facts of this case and bring into the public forum matters which should have remained confidential. UWATEC USA hopes to maintain an "on line" presence in the future to help better serve our customers. Please be patient and understand that we have a very dedicated staff which is totally devoted to delivering the consumer the highest quality in both our instruments and customer support. Best regards, Sean Griffin Frank Marshall General Manager Sales Manager Christopher M. Parrett, President, Abysmal Diving Inc. Makers of ABYSS, Advanced Dive Planning Software. 6595 Odell Place, Suite G. Boulder CO, 80301 Ph, 303-530-7248, Fx, 303-530-2808 ftp://abysmal.com/users/abysmal http://www.emi.net/gulfstream/abyss/abyss.html
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