The Patent Office's finding that the '436 and '578 patents are of questionable validity has confirmed our earlier understanding of the novelty of aerial roof measurement technology, as well as the risk of potential litigation.
Nashua, NH (PRWEB) April 29, 2013
FOR IMMEDIATE RELEASE
Aerialogics LLC ("Aerialogics") announced today that the US Patent Office has ordered an ex parte reexamination of two Eagleview Technologies ("Eagleview") patents in Supplemental Examination No.'s 96/000,004 and 96/000,005. This Patent Office reexamination was brought about by Eagleview's request for Supplemental Examination of U.S. Patent No.'s 8,078,436 ("the '436 patent") and 8,145,578 ("the '578 patent"), a procedure that only the patent holder can initiate. In response to Eagleview's request, the US Patent Office identified substantial new questions of patentability warranting reexamination of those patents. The news comes at a critical time for Aerialogics, which has recently found itself the target of questionable patent enforcement tactics.
The Patent Office's finding of a substantial new question of patentability regarding was brought about by Eagleview's request for supplemental examination, a new procedure recently implemented under the American Invents Act ("AIA"). Eagleview initiated the examination in response to crucial prior art uncovered by Aerialogics. According to those Supplemental Examination documents, Eagleview urged the Patent Office to disregard that prior art as duplicative; the Patent Office has declined, and Eagleview must now defend the validity of its intellectual property in a costly administrative procedure. While Eagleview maintains that its patents are valid, Aerialogics believes that Eagleview may have made a grave error by opting for reexamination, namely because Eagleview inadvertently initiated an irreversible process that may result in the invalidation of its patents.
Aerialogics' has so far successfully defended against Eagleview's claims in Eagle View Technologies, Inc. v. Aerialogics, LLC, 12-cv-00618-RAJ (W.D.Wa 2012) despite potentially prohibitive patent litigation costs. Regarding the Eagleview patent dispute, Aerialogics President Sean Green had this to say:
“We are very pleased with the outcome of Eagleview's supplemental examination request. The Patent Office's finding that the '436 and '578 patents are of questionable validity has confirmed our earlier understanding of the novelty of aerial roof measurement technology, as well as the risk of potential litigation. We are confident that Eagleview’s patents will be invalidated, and we will do whatever it takes to vindicate our technology, our business, and our brand."
Following the Patent Office's favorable decision, Aerialogics continues to consider all viable avenues for resolution of the dispute, including settlement negotiations, in an effort to avoid litigation while focusing on its core business competencies.
Aerialogics LLC brings world-class expertise in both information technology and the construction industry to the aerial measurement service business. We provide state-of-the art reports to companies working on external construction, maintenance, or estimating projects. Armed with only a physical address, Aerialogics generates reports that provide accurate roof, property, or landscape measurements, delivered in a few hours, and fully customized for each client. High resolution and attractive image quality means the reports are ready to be used as compelling presentation materials. For more information, visit http://www.aerialogics.com.
CONTACT: Aerialogics LLC
Public Relations 603-816-0120