Kiss Technologies Wins Lawsuit Counterclaim against Tozato

FOR IMMEDIATE RELEASE
January 29, 2014
Kiss Technologies Wins Lawsuit Counterclaim against
Tozato Engenharia Founder, Jose Nilton Tozato, Jr.
In 2008, as a result of a court action filed by Jose Nilton Tozato and his company, Tozato
Engenharia, Kiss Technologies filed a counterclaim alleging that Mr. Tozato and Tozato Engenharia
misappropriated Kiss Technologies’ proprietary mold oscillation monitoring technology and is marketing
and selling mold oscillation monitoring systems featuring Kiss Technologies’ misappropriated
technology.
The Brazilian court recently rendered judgment in favor of Kiss Technologies in the counterclaim
and fully rejected Mr. Tozato’s claims. Included in the judgment, the court:

Ruled Mr. Tozato and his company are illegally holding themselves out as an engineer
and an engineering firm;

Ruled Mr. Tozato and his company copied and is using Kiss Technologies’ mold
oscillation monitoring software, which infringes Kiss Technologies’ copyright rights;

Ruled Mr. Tozato and his company misappropriated Kiss Technologies’ proprietary
mold oscillation monitoring technology, and in particular copied Kiss Technologies’
“KT400 FieldMOMS” system;

Ruled Mr. Tozato and his company’s “Tesimom Monitoring System of Mold
Oscillation” features Kiss Technologies’ misappropriated proprietary mold oscillation
monitoring technology;

Ruled the conduct of Mr. Tozato and his company constitutes unfair competition and
intellectual property infringement under Brazilian law;

Ordered Mr. Tozato and his company to “immediately cease the manufacturing,
importing, marketing, displaying, distribution, promotion and dissemination” of Tozato
Engenharia’s “Tesimom Monitoring System of Mold Oscillation system (including the
portable version and on line) . . . or any other systems that feature unauthorized
reproductions” of Kiss Technologies’ proprietary mold oscillation monitoring
technology, under a daily fine of R $10,000 (ten thousand reais);

Ordered Mr. Tozato to pay Kiss Technologies R $200,000 (two hundred thousand reais)
in damages; and

Ordered Mr. Tozato to pay court costs and attorneys’ fees fixed in 20% of the amount in
dispute.
This decision may be subject to appeal.
Mr. Tozato was employed as a sales and service representative for Kiss Technologies from 2000
to 2003. Kiss Technologies alleged in the lawsuit that Mr. Tozato terminated his employment with Kiss
Technologies and absconded with Kiss Technologies’ proprietary mold oscillation monitoring technology
and software.