Press Release Forum [pressreleaseforum.com] Forum Index

Press Release Forum [pressreleaseforum.com]
Free Press Release Distribution

A site of EPR Network

 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Real Time Press Release Distribution is here. Try it out, it's free!

 

Federal Judge Rules that Escort, Inc. and Beltronics USA, In

 
Post new topic   Reply to topic    Press Release Forum [pressreleaseforum.com] Forum Index -> Law Press Releases
View previous topic :: View next topic  
Author Message
EPR Network
Site Admin


Joined: 31 Jan 2006
Posts: 32093

PostPosted: Thu Feb 02, 2012 11:04 am    Post subject: Federal Judge Rules that Escort, Inc. and Beltronics USA, In Reply with quote

Federal Judge Rules that Escort, Inc. and Beltronics USA, Inc. Infringe GPS Radar Detector Patent







Released on: February 02, 2012, 9:04 am
Author: Park, Vaughan, Fleming and Dowler LLP
Industry: Law

On December 14, 2011, the Chief U.S. District Judge, District of Idaho, ruled that Escort, Inc. (www.escortradar.com) infringed U.S. Patent No. RE39,038. Specifically, the Court ruled that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s (www.beltronics.com) GX65 radar detectors, infringe claims 18, 45, 47, and 48 of U.S. Patent No. RE39,038 (“the ‘038 patent”). The Court also granted partial summary judgment of infringement with respect to each of those products regarding ‘038 patent claims 1, 3, 5, 6, 8, 25, 26, 27, and 28, and U.S. Patent No. RE40,653 (“the ‘653 patent”) claims 22 and 26. A redacted version of the Court’s 58 page order was unsealed earlier today. A copy of the 58 page order can be obtained at: https://www.yousendit.com/download/T2dkK2VxbEo0b0JwdmNUQw

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 36 U.S. patents. In early 2008, Escort declined to purchase the ‘038 patent. Approximately one year later, on March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents.

Escort alleged that certain claims of the patents were invalid because Steven Orr, working for Escort, invented the same device earlier in time than Fleming. However, on December 14, 2011, the Court denied Escort’s motion to invalidate claims of the Fleming patents based upon Steven Orr’s alleged work for Escort. The Court also denied Escort’s motions to strike Fleming’s expert reports and strike Fleming’s contention that Escort willfully infringes Fleming’s patents.

In contrast to denying Escort’s motions, the Court granted the overwhelming majority of Mr. Fleming’s motions for judgment on Escort’s defenses, including: (1) laches; (2) equitable estoppel; (3) prosecution history estoppel for certain claims; (4) ownership of Mr. Fleming’s patents; (5) inequitable conduct; (6) intervening rights on certain claims; and (7) anticipation of claim 1 in view of a Japanese patent.

In the order the Court stated that Escort’s interpretation of the Court’s rules was“absurd”, that Escort’s arguments were “in fact contrary to law”, and many of Escort’s expert “opinions are irrelevant”.

“I am very happy with the order. The Court ruled that Escort is infringing one of my patents. I am looking forward to a short trial in June so that I can prove that Escort’s infringement is willful and obtain an injunction to stop Escort’s infringement,” said Mr. Fleming.

Mr. Fleming is represented by Mr. Michael S. Dowler of Park, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Brett A. Schatz and Gregory F. Ahrens of Wood Herron & Evans in Cincinnati, OH. The Court has set trial for June 18, 2012 in Boise, ID.

Escort is a portfolio company of Falconhead Capital LLC (http://falconheadcapital.com), an investment firm in New York, New York. David Morros, the Founder and CEO of Falconhead, Zuher Ladak, a partner of Falconhead, and David Yarnell, an Operating Partner of Falconhead, sit on the board of Escort.

Contact Details: Mike Dowler
mike@parklegal.com
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Press Release Forum [pressreleaseforum.com] Forum Index -> Law Press Releases All times are GMT - 4 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

Submit Press Release (Free)Submit Press Release

 

 
Editor's pick: