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USPTO Rules in favor KonaRed in Patent Dispute
July 17, 2012
2 Min Read
KALAHEO, HawaiiThe United States Patent and Trademark Office (USPTO) ruled VDF FurtureCeuticals's patent claims against KonaRed were invalid. The process of patent re-examination was initiated as a response to the lawsuit that was filed in the U.S. District Court for the District of Hawaii and served upon Sandwich Isles Trading Company, SITC, (KonaReds parent company) by VDF FutureCeuticals.
The sequence of legal events before the USPTO were as follows:
October 2011: A SITC Request for Reexamination was filed against VDF Patent Nos. 7,807,205; 7,754,263; and 7,815,959.
January 2012: The USPTO issued an Office Action in each of the three reexaminations rejecting all claims in regards to all three VDF patents based on both lack of novelty and obviousness.
February 2012: VDF responded to the three Office Actions and added amended claims to each patent that it claimed were narrower than the rejected claims.
May 2012: The USPTO nevertheless issued a Final Office Action rejecting all claims in all three VDF patents, including the newly amended claims.
June 2012: VDF objected to the three Final Office Actions, contending that the finality of the rejections was premature. VDF also further amended its claims.
June 2012: The USPTO issued Advisory Actions affirming the finality of the Office Actions and requiring VDF to file an appeal of the USPTOs decisions or face cancellation of all three VDF patents.
In contrast with the USPTOs invalidation of VDFs patents, which casts doubt on the validity of VDFs claims of patent infringement in the Hawaii court action, KonaRed may pursue its counterclaims against VDF for tortious interference with its business, and seek restitution of its legal expenses in light of VDFs threats and protracted litigation based upon three invalid patents.
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