District Court Rules in Favor of Esquire Deposition Services and Finds 11 Patent Claims Against Engate Invalid

December 6, 2005 – Firm News

For Immediate Release

December 6, 2005

Alexandria, Va. – A district court has ruled in favor of Esquire Deposition Services, L.L.C., finding 11 patent claims owned by plaintiff Engate Inc. to be invalid. The patents at issue involve the technology of real-time court transcription services.

In a series of earlier rulings, Judge Matthew Kennelly of the U.S. District Court for the Northern District Of Illinois, Eastern Division, had found defendants Esquire and Atkinson-Baker, Inc. did not infringe and were not liable for Engate Inc.’s claims of patent infringement, and had ruled that 10 of the asserted claims were invalid. Subsequent to those rulings, there was a May 2005 bench trial on the validity of the remaining claims. In a December 5 order, the Court found 11 of the remaining claims to be invalid.

“We are very pleased to finally resolve the validity of these patent claims. Of particular importance is that we were able to firmly establish prior art, which clearly and convincingly showed that court reporters began using this technology before Engate filed its patents,” said Robert Nissen of Oblon, Spivak, McClelland, Maier & Neustadt, P.C., counsel for Esquire.

Assisting clients for more than 35 years, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., in Alexandria, Va., 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. The firm also continues to have a significant trademark, copyright and patent interference practice.