Wake Forest, North Carolina, Oct 27th, 2014 – 9 years, 3 months, and 10 days later its over. — Insite Solutions announced today that the U.S. Court of Appeals for the Federal Circuit has affirmed a Nov. 20, 2013 decision by the US District Court of the Northern District of Ohio Eastern Division.
The court affirmed that Insite Solution’s Superior Mark and Last Mark’s floor tape’s do not infringe upon ShieldMark’s patents #8008480 and # 8343292.
I am excited that this chapter of the patent battle is over but appalled at the fact that the loser doesn’t have to pay. There needs to be reform in patent litigation which would halt companies like Shieldmark from bringing frivolous lawsuits hoping to scare and intimidate competitors. There is a big cost both financially and mentally, combined with a drain on time and resources that are associated with a fight. Right wrong or indifferent, many times the aggressors are successful. It’s a real problem and law reform would eliminate or at minimum make one contemplate filing suits said Cliff Lowe , owner of Insite Solutions, LLC.
The Ohio District court did grant InSite’s motion for cost and taxed Shieldmark but the court denied InSite’s motion for partial attorney fees. Without attorney fees, it doesn’t come anywhere close to covering the true cost of a battle that started with a cease and desist letter in July 5th 2005. A fight lasting 9 years, 3months, and 10 days – causes most people to quit and that’s the real problem.
In 2013, the district court heard arguments on the parties’ respective pleadings and held a hearing on a motion for summary judgment. The Ohio court granted Insite Solutions summary judgment and found that InSite’s Superior Mark and Last Mark’s floor marking tapes did not infringe on Shieldmark’s patents. Shieldmark disagreed with the courts decision and appealed to the Federal court of appeals in Washington Dc.
After hearing oral arguments on October 8th, 2014, the Federal Circuit Court Of Appeals entered an order October 14th, 2014 (4 days after the hearing), affirming the 2013 decision. The panel of 3 judges heard oral arguments for over 45minutes and then chose not to enter a written opinion pursuant to Rule 36, which is a court rule that allows the panel to decide without opinion when the lower court’s decision is without an error of law, and/or the record supports the judgment entered.
About Insite Solutions
Holder of an A rating by the Better Business Bureau, Insite was incorporated in April 2001 in Rocky Mount, NC. Currently located in Wake Forest, NC, Insite manufactures and distributes a wide variety of innovative industrial safety products. Insite focuses on developing the most effective solutions to industrial floor marking and traffic control challenges, for both indoor and outdoor applications. Insite has quickly grown into an industry leader in the industrial safety and traffic