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Racing Optics, Inc. v. Aevoe Corp.

Citations: 195 F. Supp. 3d 1140; 2016 WL 6534567Docket: 2:15-cv-01774-RCJ-VCF

Court: District Court, D. Nevada; July 14, 2016; Federal District Court

Narrative Opinion Summary

This case involves a patent infringement dispute between Racing Optics, Inc. and Aevoe Corp., focusing on bubble-free screen protector technology. Racing Optics developed several patents including the '620 Patent, while Aevoe claims ownership of a similar patent, the '942 Patent. Racing Optics accused Aevoe of infringing its patents, leading to Aevoe's counterclaims of non-infringement and claims of invalidity and unenforceability of Racing Optics' patents. Aevoe also argued Racing Optics abandoned its '620 Patent due to non-compliance with statutory oath requirements. The court denied Aevoe's motion for judgment on the pleadings, emphasizing that the failure to submit an AIA-compliant oath did not constitute abandonment under pre-AIA statutes, since Racing Optics remedied the oversight. Additionally, Aevoe's claim lacked the necessary evidence to overcome the statutory presumption of patent validity. The court dismissed the argument that the issuance of the '620 Patent violated the Administrative Procedures Act. Ultimately, the motion for judgment on the pleadings was denied, maintaining the validity of Racing Optics' patents.

Legal Issues Addressed

Abandonment of Patent Applications

Application: Aevoe's claim of abandonment due to Racing Optics' failure to timely submit a necessary inventor's oath was not supported by evidence of relinquishing the invention to public use.

Reasoning: The mere failure to provide the oath does not indicate a public abandonment without additional evidence.

Administrative Procedures Act and Patent Office Decisions

Application: The argument that the issuance of the ’620 Patent violated the APA was dismissed as action by the Patent Office is not subject to APA challenges.

Reasoning: Lastly, the argument that the issuance of the ’620 Patent violated the Administrative Procedures Act (APA) is dismissed as frivolous...

Federal Rule of Civil Procedure 8(a)(2) and Rule 12(b)(6)

Application: Aevoe's motion for judgment on the pleadings was denied as the court assessed the sufficiency of the complaint under the standards of Rule 12(b)(6), which require a 'short and plain statement' of the claim.

Reasoning: Aevoe's motion for judgment on the pleadings regarding the ’620 Patent claim was denied by the Court, which noted that the standards for such a motion mirror those for a motion to dismiss under Rule 12(b)(6).

Patent Infringement and Ownership Dispute

Application: The case involves a patent infringement dispute between Racing Optics, Inc. and Aevoe Corp., focusing on competing patents for bubble-free screen protector technology.

Reasoning: The case involves a dispute over competing patents for lens-protection technology between Racing Optics, Inc. and Aevoe Corp.

Pre-AIA Statutory Requirements for Patent Oaths

Application: Racing Optics' failure to submit an AIA-compliant oath before the issue fee did not constitute abandonment under pre-AIA statutes, as the oversight was remedied within the statutory framework.

Reasoning: The court must assess whether the ’311 Application or the ’620 Patent was abandoned under pre-AIA statutes, particularly pre-AIA 102(c)...

Statutory Presumption of Patent Validity

Application: The court found that Aevoe failed to provide clear and convincing evidence of abandonment to rebut the statutory presumption of patent validity.

Reasoning: The defendant must provide clear and convincing evidence of abandonment to overcome the statutory presumption of validity, which is not present in this case.