Federal Circuit Affirms Dismissal of Suit Against Oblon, Spivak Client SkyHawke Technologies

June 9, 2011 – Firm News

For Immediate Release

June 9, 2011

Alexandria, Va. – Intellectual property law firm Oblon, Spivak, McClelland, Maier &Neustadt, L.L.P. is pleased to announce that the U.S. Court of Appeals for the Federal Circuit issued a decision on June 8, 2011 affirming the dismissal of a lawsuit filed in 2007 against SkyHawke Technologies, LLC. The case is GPS Industries, Inc. v. SkyHawke Technologies, LLC (2009-1535).

In a July 27, 2009 decision, the U.S. District Court for the Northern District of Texas in Dallas issued a decision agreeing with SkyHawke's assertion that neither of plaintiffs GPS Industries, Inc. and Optimal I.P. Holdings, L.P. had standing to bring an infringement suit. The patent at issue, U.S. Patent No. 5,364,093 ("the '093 patent"), involved GPS devices for use on a golf course. The District Court held, and the Federal Circuit agreed, that neither plaintiff held sufficient rights under the '093 patent to confer standing. The '093 patent was owned by GPS Industries' subsidiary OGSI, who was not a plaintiff in the lawsuit.

Thomas J. Fisher, Jordan S. Weinstein, Arthur I. Neustadt, and Eric W. Schweibenz, partners with Oblon, Spivak, served as counsel for SkyHawke.

Assisting clients for more than 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.