Monday, August 11, 2014

Microscan Appeals against Jury Verdict in Barcode Reader IP Suit

Case Filed: Aug 07, 2014

Origin Case: 1:13-cv-02027

Case Summary:
Natick, Massachusetts-based Cognex filed a patent infringement lawsuit against Microscan Systems, a global technology leader in barcode, machine vision and lighting solutions in Southern District of New York. The lawsuit was filed in Mar 2013 to prohibit Microscan from using Cognex’s patented technology in its products and to recover damages resulting from the infringement. Jury’ verdict favored Cognex, which resulted in Microscan filing an appeal with the Federal Circuit.

The patent at issue is: US7874487 entitled ‘Integrated illumination assembly for symbology reader,’ legally issued by USPTO to inventors: Laurens Nunnink and William H Equitz. The patent was issued on Jan 25, 2011 and expires[i] by Oct 24, 2025. Cognex is the current assignee[ii] of the patent (source: MaxVal’s Assignment Database). The ‘487 patent relates to machine vision systems and symbology readers that employ machine vision and more particularly to illuminators for the same.

Alleged Infringement:
Microscan, without authority, makes, uses, sells products and/or software that incorporate or make use of the inventions covered by the '487 patent. Cognex cited Microscan’s Mobile Hawk™, a handheld product used to read Direct Part Mark codes, as infringing the patent held by Cognex. The complaint stated that Microscan was notified about the patent in Jun 2012, thus making the infringement willful and deliberate.

In May 2014, jury verdict was passed finding that Microscan is liable for infringement of claims 1 and 30 of the ‘487 patent. The jury also stated that the infringement was willful and awarded Cognex the sum of: $2,578,286.00 in compensatory damages.

See 2014-1681 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.
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[i] 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
[ii] 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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