WavetronixLINDON, Utah—June 27, 2006—Wavetronix LLC, the world leader in patented Digital Wave Radar™ traffic sensors, announced today that it has received favorable rulings from the judge presiding over the company's litigation against Electronic Integrated Systems, Inc. (EIS). Wavetronix sued EIS in January of 2005, asserting that EIS infringes Wavetronix' U.S. Patent No. 6,556, 916, or the '916 patent, by selling and offering to sell the EIS RTMS™ X3 device. The case is currently being heard in the United States District Court for the District of Utah.
The '916 patent was awarded to Wavetronix in 2003 for the company's unique automatic configuration process, and it entitles Wavetronix to prevent the manufacture, use, sale and offer for sale in the United States of products or methods that fall within the scope of the patent's claims. The patented technology is sold by Wavetronix in the form of its SmartSensor™ products and is capable of auto-configuring multiple lanes of traffic.
EIS responded to Wavetronix' allegations by asserting that the '916 patent was obtained by fraud and is, therefore, unenforceable. After reviewing the arguments and briefs of both parties, U.S. District Judge Bruce S. Jenkins granted Wavetronix' motion for summary judgment, and dismissed with prejudice EIS' fraud claim.
“We are pleased that Judge Jenkins has granted this motion without the need for a trial,” said David Arnold, PhD., president and CEO of Wavetronix. “EIS' claim of fraud and unenforceability was without merit, and this ruling demonstrates that.”
EIS also argued that the '916 patent was invalid because they believe Wavetronix failed to disclose the best mode of practicing the invention when applying for the patent. After hearing extensive argument, Judge Jenkins ruled in favor of Wavetronix and once again dismissed EIS' claim with prejudice. “Wavetronix has always maintained that it complied with the requirements for obtaining a patent,” Arnold says.
To date, Judge Jenkins has denied three of EIS' motions for summary judgment and has not granted any. In another development, Judge Jenkins has granted Wavetronix the right to amend its complaint to allege indirect infringement against EIS.
Wavetronix intends to continue to vigorously pursue the EIS litigation, seeking damages and an injunction against EIS. Arnold says Wavetronix welcomes fair competition but has a responsibility to protect its patented technologies. “We are committed to protecting our intellectual property against infringement by third parties,” Arnold says.
For more information about Wavetronix and its patented technologies, visit www.wavetronix.com. Specific questions about the lawsuit should be directed to Don Leavitt, communications director, by e-mail at don_leavitt@wavetronix.com.
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About Wavetronix—Wavetronix LLC is revolutionizing the intelligent transportation industry with a full-range of ITS and traffic management solutions: the SmartSensor™ line of Digital Wave Radar traffic sensors, featuring the industry's only patented auto-configuration process; the Click!™ family of Simple Connectivity power and communication devices; and Command™ data collection and management appliances. Smarter by design, Wavetronix's proprietary technologies are protected by U.S. Patent Nos. 6,556,916 and 6,693,557. Other U.S. and international patents are pending. Wavetronix is based in Lindon, Utah, and can be found online at www.wavetronix.com.
For more information:
Don Leavitt
Communications Director
Wavetronix LLC
(801) 764-0277 ext. 1032
don_leavitt@wavetronix.com