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16 mars 2018

Court Allows FieldTurf to Reopen Patent Infringement Case Against AstroTurf

Judge rules that FieldTurf can join Textile Management Associates Inc. and owners Bryan and Thomas Peeples as co-defendants

Ruling permits FieldTurf to continue to pursue collection of previously-awarded damages of $30 million from AstroTurf

MONTREAL – March 16, 2018 – FieldTurf USA, a Tarkett Sports company and a global market leader in artificial turf, announced that on March 12th the U.S. District Court for the Eastern District of Michigan ruled in favor of a FieldTurf motion regarding the company’s ongoing patent infringement litigation against AstroTurf, LLC (case number: 2:10-cv-12492).

Specifically, U.S. District Judge Stephen Murphy III granted FieldTurf’s motion to reopen the case and join Textile Management Associates Inc. and owners Bryan and Thomas Peeples as defendants in the case in part because, as the Court’s opinion notes, the Peepleses “were acutely aware of what was at stake and highly involved in the litigation.” FieldTurf had argued, among other things, that AstroTurf filed for bankruptcy in an effort to avoid paying out the damages that FieldTurf had been awarded by a jury in the trial.

Additionally, the Court granted FieldTurf’s motion to file a supplemental complaint asking the Court to “pierce the corporate veil” so that the Peepleses and Textile Management Associates, Inc. may be liable for any damages owed to FieldTurf.

Previously, in October of 2015, a jury awarded FieldTurf $30 million in damages after finding AstroTurf liable for infringing FieldTurf’s U.S. Patent No. 6,723,412. The jury determined AstroTurf’s infringement was “willful,” which allows FieldTurf to seek a trebling of damages. The jury also ruled in FieldTurf’s favor on AstroTurf’s counterclaim.

“We are pleased by the Court’s ruling in this matter and will continue to pursue this case to completion,” said Eric Daliere, President of Tarkett Sports. “Litigation is never an easy choice, but we strongly believe in our technology and will do what it takes to protect our intellectual property. We look forward to continue innovating to provide the best artificial turf systems to our customers around the world.”

FieldTurf was represented by Winston & Strawn LLP in this matter.

About Tarkett Sports

Tarkett Sports offers a comprehensive portfolio of sports flooring solutions: FieldTurf artificial turf for baseball, American Tarkett Sports offers a comprehensive portfolio of sports flooring solutions: FieldTurf artificial turf for baseball, American football, soccer, rugby and golf; Beynon running tracks for outdoor and indoor surfaces; synthetic and hardwood flooring for basketball; floor protection and covering systems for gymnasium and weight room, for volleyball, squash and racquetball courts.

Tarkett is a global leader in innovative and sustainable solutions for flooring and sports surfaces. Offering a wide range of products including vinyl, linoleum, carpet, rubber, wood & laminate, synthetic turf and athletic tracks, the Group serves customers in more than 100 countries worldwide. With 12,000 employees and 34 industrial sites, Tarkett sells 1.3 million square meters of flooring every day, for hospitals, schools, housing, hotels, offices, stores and sports fields. Committed to sustainable development, the Group has implemented an eco-innovation strategy and promotes circular economy. Tarkett’s net sales of 2.4 billion euros in 2014 are balanced between Europe, North America and the region comprising CIS countries, APAC & LATAM. Tarkett is listed on Euronext Paris (compartment A, ticker TKTT, ISIN: FR0004188670). www.tarkett.com

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