Wednesday, July 30, 2014

Nikon Enters Settlement with Acacia Subsidiary in Super-Resolution Technique

Case Filed: Jan 10, 2014

Case Closed: Jul 24, 2014

Judge: Ed Kinkeade

Case Summary:
Plano, Texas-based Super Resolution Technologies LLC, a subsidiary of Acacia Research Corporation has entered into settlement with Nikon Corporation, headquartered at Shingagawa-ku, Tokyo. The agreement resolves litigation that was pending in the Texas Northern District Court.

The patents at issue were: US8110405 and US8334143 both entitled ‘Fluorescent nanoscopy method,’ issued on Feb 07, 2012 and Dec 18, 2012, respectively. The ‘405 patent expires* by May 05, 2026 and the ‘143 patent expires* by Nov 19, 2027. Super Resolution Technologies is the current assignee± of the patents (source: MaxVal’s Assignment Database). Super Resolution Technologies’ portfolio comprises patents relating to super resolution microscopy, also referred to as nanoscopy.

As in Complaint:
Nikon was allegedly infringing the ‘405 and ‘143 patents by selling, offering and using a super-resolution microscope system referred to N-STORM and performing three-dimensional (3D) STORM imaging on the N-STORM. According the complaint, the accused products are specifically designed to be used in an infringing manner.

Case Conclusion:
The parties’ have announced court that they have settled the case and filed a joint motion to stay pending finalization of settlement agreement and court granted the stay. On July 22, the court ordered the parties to submit their dismissal papers (stipulation of dismissal), thereby ending the dispute.

Other Cases:
Super Resolution Technologies filed cases against defendants including GE, Carl Zeiss Microscopy and Leica Microsystems. The litigation against GE was settled and the other two cases are pending in Texas District Court. 

See 3:14-cv-00083 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.
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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents. 

± MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

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