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Third Reexamination Confirms Validity of Convolve Patent

Date: 
December 9, 2010
Practice Area(s): 
Post Grant Patent Proceedings

Alexandria, Va. (December 9, 2010) - The U. S. Patent and Trademark Office (USPTO) has again confirmed the validity of an MIT patent, U. S. Patent 4,916,635 (‘635), licensed to Convolve, Inc. of Armonk, NY. Convolve and MIT asserted the ‘635 patent in an infringement suit against Seagate Technologies, LLC and Compaq Computer Corporation filed on July 13th, 2000, in Federal Court, Southern District of NY. The PTO issued the Reexamination Certificate for the ‘635 patent on November 29th, 2010.

“This is the third failed attempt by Seagate to invalidate this patent in order to reduce their potential damages in our ongoing infringement litigation. We are looking forward to our jury trial,” said Neil Singer, Ph.D., president of Convolve and one of the inventors of the technology in this lawsuit.

Convolve and MIT accused Seagate and Compaq of infringing the ‘635 patent and another patent, as well as misappropriating Convolve’s trade secrets. The plaintiffs are seeking damages of high hundreds of millions of dollars, and more than 10 years of pre-trial interest, attorneys’ fees and enhanced damages for willful infringement.

“The PTO's confirmation of the Convolve patent claims in its first office action, without a Convolve response, appears to signal an end to the tortuous reexamination process initiated by Seagate,” said Todd Baker, a partner with Oblon, Spivak. The intellectual property law firm Oblon, Spivak represented Convolve in all three reexaminations.

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