MOBOTIX submitted applications for renewed examination of the patentability of all patents held against it to the USPTO |
In its patent dispute with the U.S. company e-Watch, based in San Antonio, Texas, MOBOTIX Corp., New York, achieved the suspension of a patent lawsuit before a U.S. Court in San Antonio and responded to the patent lawsuit with applications to the U.S. Patent and Trademark Office (USPTO) for the cancellation of all existing patents in the patent lawsuit.
MOBOTIX Corp. believes that documentation and presentations on the MOBOTIX camera model M1 at the CeBIT trade fair in Hanover, Germany, in 2000, as well as extensive research in third-party documents prove that the content of the contested patents was widely publicised before the granting of a patent, meaning it was considered state-of-the-art technology. On this basis, MOBOTIX Corp. submitted applications for renewed examination of the patentability of all patents held against it to the U.S. Patent and Trademark Office (USPTO) as part of an inter partes review.
The U.S. court responsible for the patent lawsuit in San Antonio approved the application from MOBOTIX Corp. for suspension of the proceedings pending clarification of the validity of the patents and rejected an appeal lodged by e-Watch against the suspension. The U.S. court confirmed the view of MOBOTIX Corp. that the patent lawsuit will be rendered invalid if the patents subsequently prove to be not patentable in the patent examination procedure before the USPTO.
"We will have our defenses up when it comes to patent lawsuits also in the future and we will always check all of our legal options," says Dr. Magnus Ekerot, CEO at MOBOTIX Corp., explaining the company's corporate strategy.