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ContinuousWave Whaler Moderated Discussion Areas ContinuousWave: Small Boat Electrical BriakTek U.S. Patent Found Invalid
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Author | Topic: BriakTek U.S. Patent Found Invalid |
jimh |
posted 12-07-2014 08:06 AM ET (US)
BriakTek is a company that owned US Patent No. 7,991,380, granted c.2006. They were actively defending their rights in the patent and asserting claims that other manufacturers of emergency locating devices were infringing. DeLorme, a company in Maine, brought action against BriakTek, asserting that the patent was invalid. On November 19, 2014 the United States District Court for the Eastern District of Virginia issued a decision in the case, finding that DeLorme was not infringing and the BriarTek patent was invalid. The actual court document is found at http://www.brannlaw.com/wp-content/uploads/2014/11/ 20141119-174-Mem-Op-Grant-MSJ.pdf The court found a great deal of prior art in the field which rendered the BriarTek patent invalid. Devices available in 1986 were found to incorporate elements of the patented method claimed by BriarTek. The decision also found "all the asserted claims" of BriarTek "to be invalid as a matter of law over the prior art, either as anticipated or obvious." This sound to me like a victory for manufacturers that are actually making useful marine distress alerting products over companies merely holding patents with very broad claims and making and selling almost no products. |
jimh |
posted 12-07-2014 08:10 AM ET (US)
The law firm representing DeLorme summarized the court's findings:
quote: Cf.: http://www.brannlaw.com/latest-news/ delorme-wins-summary-judgment-invalidating-patent/ |
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