FutureLogic has announced that it will appeal to the Federal Circuit Court of Appeals in Washington DC, US, against the summary judgement ruling recently issued in its patent infringement suit against Nanoptix.
The US-based company filed the lawsuit in November last year, alleging that Nanoptix’s line of Paycheck printers used in casinos in California and elsewhere in the US infringes its US Patent No. 7,594,855. The summary judgement, entered on November 15, 2011, by Judge John Walter of the US District Court for the Central District of California, found in Nanoptix’s favour. “FutureLogic’s decision to appeal rests in our confidence in our patent infringement claims against Nanoptix and in the validity of our patent,” said Jon Huntley, FutureLogic’s CFO. “The summary judgement in this case relies on facts regarding the company’s use of its patented technology prior to the filing of the patent application that FutureLogic and its counsel believe are in dispute and as a matter of law should be decided by a jury, not by summary judgement motion. The company’s CEO, Eric Meyerhofer, said that although the summary judgement was disappointing, the Federal Circuit, a specialized patent court, will review the decision as if the issue is being presented for the first time. “In addition, during the case Nanoptix acknowledged that its printers performed the functions described in the patent,” he added. “FutureLogic looks forward to this appeal and remains confident in our case and the validity of our patent.”
