Second Reexamination Confirms Validity of Convolve Patent

July 26, 2010 – Firm News

Alexandria, Va. - The U. S. Patent and Trademark Office (USPTO) has again concluded the validity of a Convolve, Inc. patent in its second reexamination of U. S. patent No. 6,314,473, issuing a reexamination certificate to Convolve of Armonk, NY on July 20. The reexamination request was the second one filed by Seagate Technologies, LLC and led to the second confirmation of the ‘473 patent claims.

This is the fourth post grant proceeding before the USPTO involving Convolve and Seagate. In August 2007, the Board of Patent Appeals and Interferences found against Seagate, in favor of Convolve, in an interference involving a Convolve application related to the ‘473 patent and a Seagate patent.

“Again Seagate failed in its challenge of our patent in yet another attempt to reduce their potential damages in our ongoing infringement litigation. This is a key finding in our patent infringement cases against both Seagate and Compaq as well as in our separate infringement litigation against Dell, Hitachi Global Storage Technologies, Inc., Hitachi Ltd, and Western Digital,” said Neil Singer, Ph.D., president of Convolve and one of the inventors of the technology at issue.

Seagate and Compaq were sued by co-plaintiffs Convolve and MIT on July 13, 2000, in the Southern District of New York for infringement of two patents and misappropriation of numerous trade secrets used for disk drives. The plaintiffs are seeking $800 million as well as pre-trial interest, attorneys’ fees and enhanced damages for willful infringement. A request for a trial date is pending.

Dell, Western Digital and Hitachi were sued by Convolve on June 18, 2008, in the Eastern District of Texas for patent infringement, and a trial is scheduled for July 2011.

“Convolve’s ‘473 patent has again held up under intense scrutiny by the Central Reexamination Unit. The repeated success in reexamination substantially strengthens the Convolve patent portfolio,” said Todd Baker, a partner with Oblon, Spivak. Oblon, Spivak represented Convolve in both the reexaminations and in the earlier interference.

Convolve’s core vibration reduction technology is licensed to many large companies worldwide. For more information, visit www.convolve.com.

Assisting clients for 40 years, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts, as well as trademark, copyright and patent interference services.