Vexilar wins important victory in Deeper UAB legal battle
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Marine electronics manufacturer Vexilar has won another important victory in its legal battle with Lithuanian rival, Deeper UAB.
The Minneapolis-based company has won an important IPR judgement against Deeper which unsuccessfully challenged the validity of Vexilar’s patent on its wireless fish finders which used independent displays, such as smartphones and tablets.
Merchant & Gould, a leading US intellectual property law firm filed a Patent Owner’s Preliminary Response on behalf of Vexilar which argued that Deeper did not meet its burden to show a reasonable likelihood of proof that its claims regarding the invalidity of the patent was correct.
The Patent Trial and Appeal Board (PTAB) denied Deeper’s IPR petition alongside its request for another hearing.
“We are very pleased with the result, which shows that it is critical for petitioners to make sure that they have strong evidence for each ground before going to the PTAB and challenging the validity of a patent,” said Thomas Leach, a partner at Merchantl & Gould. “The PTAB exercised its discretion, finding Deeper’s validity challenge would not be a good use of the Board’s resources and denied the IPR petition.”
“It has been rewarding to watch the Merchant & Gould team develop and execute a strategy to successfully defend our patented technology and market,” said Steve Bauman, President of Vexilar.
In a statement Deeper said: “We are convinced that attempts by Vexilar to patent and limit the use of well-known technology is not appropriate and we will continue to pursue the goal to reverse the patent Vexilar was granted in the US.
“It is important to note that on March 29th, 2019, the European Patent Register (EPO) decided to deny Vexilar’s application to patent analogous inventions in the European Union.”