OurPet's Reaches Settlement with Competitor over OurPet's Play 'N Squeak Patent and Trademark Infringement

Fri. October 16, 2009; Posted: 08:00 AM

FAIRPORT HARBOR, Ohio, Oct 16, 2009 (BUSINESS WIRE) -- OPCO | Quote | Chart | News | PowerRating -- OurPet's Company (OTCBB:OPCO) (www.ourpets.com), a leading proprietary pet supply company today announced a patent and trademark infringement settlement. In June, 2009, OurPet's filed a patent infringement lawsuit in the United States District Court for the Northern District of Ohio against PetEdge, Inc., a pet supply company located in Beverly, Massachusetts (Case No. 1:09-cv-1458). In the lawsuit, OurPet's alleged that PetEdge engaged in conduct that infringed upon OurPet's 6,371,053 ('053) patent, which is for a simulated mouse toy having a prerecorded sound chip and sold by OurPet's under the Play-N-Squeak(R) label. The parties recently reached a settlement agreement in which OurPet's was financially compensated and PetEdge agreed to terminate sales of its Savvy Tabby Peep N Squeak mouse toy after an agreed wind-down period. OurPet's was represented by lead counsel David A. Welling of Choken & Welling, LLP, Akron, Ohio, and PetEdge was represented by lead counsel Kerry Timbers, Sunstein Kann Murphy & Timbers LLP, Boston, Massachusetts.

About OurPet's Company: OurPet's designs, produces and markets a broad line of innovative, high-quality accessory and consumable pet products in the U.S. and overseas. Investors and customers may visit www.ourpets.com for more information about the Company and its products. The Company's websites include: www.smartscoop.com, www.ecopurenaturals.com, www.playnsqueak.com, and www.flappydogtoys.com.

Certain of the matters set forth in this press release are forward-looking and involve a number of risks and uncertainties. Among the factors that could cause actual results to differ materially are the following: business conditions and growth in the industry; general economic conditions; addition or loss of significant customers; the loss of key personnel; product development; competition; risks of doing business abroad; foreign government regulations; fluctuations in foreign rates; rising costs for raw materials and the unavailability of sources of supply; the timing of orders booked; and the other risks that are described from time to time in OurPet's SEC reports.

SOURCE: OurPet's Company

OurPet's Company 
Scott R. Mendes, CFO, 440-354-6500, x109 
smendes@ourpets.com 
FAX 440-354-9129

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