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precluding Mars from seeking any patent infringement damages for United States Patent No. 5,632,367 on any products sold by International Currency Technologies Inc. prior to April 25, 2005 (November 15, 2005) - In a first round legal victory for International Currency Technologies Inc. (“ICT”), the U.S. District Court for Northern District of Delaware granted a stipulation against Mars regarding the damage issue. The stipulation prevents Mars from claiming patent infringement damages for United States Patent No. 5,632,367 (“the `367 patent”) on any products sold by ICT prior to April 25, 2005.
On August 18, 2005, ICT served a first set of discovery requests on Mars requiring Mars to state whether Mars had marked of any its products with the '367 patent number, and whether Mars had sent any notice of potential infringement to ICT before filing this litigation. Mars responded to ICT's discovery requests and conceded that it has not marked any of its products with the '367 patent number.
Because Mars has not marked any its products with the `367 patent number in compliance with U.S. Law (35 U.S.C. § 287) and Mars did not provide any notice of infringement to ICT before filing the litigation, ICT filed a Motion for Partial Summary Judgment on October 3, 2005 against Mars, requesting the Court to find that Mars is precluded from seeking any damages on products sold by ICT prior to April 25, 2005, the date on which Mars filed this litigation.
In return for ICT's withdrawal of its Motion for Partial Summary Judgment, a Stipulation and Order regarding damages was filed by both parties on November 1, 2005, in which Mars stipulated and agreed that Mars has not marked any its products with the `367 patent number in compliance with U.S. Law, and Mars did not provide any notice of infringement to ICT prior to April 25, 2005. Therefore, Mars is not entitled to patent infringement damages for the `367 patent on any products sold by ICT prior to April 25, 2005.
ICT patent consultant said, “Patentees who sell patented goods must mark those goods with the patent number. Those who don't mark must send a detailed notice letter to potential infringers or else forfeit their right to all damages on goods sold before they filed their lawsuit. Mars admittedly failed to mark its patented goods and it indisputably sent no notice to ICT. Mars is barred from claiming damages on goods sold before April 25, 2005. Now, having the stipulation, we are not liable for any products sold prior to April 25, 2005. Furthermore, our new A6-II validators do not infringe the `367 patent. Thus, we believe the Mars lawsuit is completely baseless. We believe this matter will be decided by the court based on facts, and not outside the court with rumors.” |
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