In the newest twist in the ongoing legal dispute between Gray Manufacturing Company and Stertil-Koni concerning wireless mobile lifts, the U.S. Patent and Trademark Office agreed to reexamine two of the four patents in dispute.
Gray Manufacturing accuses Stertil-Koni of infringing upon existing patents on its Wireless Portable Lift System.
"The government is acting based upon evidence submitted by Stertil-Koni, that suggests Gray’s patents are invalid," said Jean DellAmore, Stertil-Koni USA president in a recent statement. "The patent examiner looked at Stertil-Koni’s prior art, predating Gray’s original June 10, 2002 patent filing, and felt that the evidence was compelling enough to call for a reexamination."
But, this is of little fare to Gray’s Vice President of Sales and Marketing Todd Michalski, who said he has every confidence his company’s patents will survive this and any future reexamination.
"Reexamination of a patent itself does not invalidate the patent in question, therefore Stertil-Koni continues to infringe on Gray’s patents by selling a wireless mobile column lift in the United States," said Michalski.
This past September, Gray announced that the Patent and Trademark Office issued its Final Office Action relating to the 461 Patent and determined that certain claims were "allowed," which included claims that give Gray the right "to exclude others from making, using or selling in the United States a wireless lifting device that provides synchronized lifting between the lifting columns."
"We are extremely pleased with the Patent Office’s determination, which followed Stertil-Koni’s initial effort to invalidate the ‘461 Patent before the Patent Office. This action by the Patent and Trademark Office further strengthens our position in our patent infringement lawsuit," said Gray in a Sept. 29 statement.