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All of Zenon’s original patent infringement claims have now been defeated or voluntarily dismissed at the trial court level, says USFilter of the legal battle between the two companies. No USFilter product, service or activity has been found to infringe any of Zenon’s patents, according to Chuck Gordon, EVP, Systems Group, USFilter.
On October 31, 2005, the Court granted USFilter’s motion for summary judgment of non-infringement of Zenon’s U.S. Patent No. 6,620,319 (‘319 Patent), relating to a membrane skein.
On October 28, 2005, Zenon voluntarily dismissed its claim of infringement under Zenon’s U.S. Patent No. 6,245,239 (‘239 Patent), relating to an aeration system.
On February 24, 2005, the Court granted USFilter’s motion for summary judgment of non-infringement of U.S. Patent No. 6,550,747 (‘747 Patent), which also relates to an aeration system.
In addition, on October 28, 2005, Zenon agreed to entry of a stay in a second patent lawsuit (‘652 Patent)—filed in 2005—until the appeal of the ‘319 Patent is decided.
In its order, issued Nov. 3, staying the second lawsuit, the U.S. District Court stated, “Zenon has conceded non-infringement of the ‘319 Patent under the Court’s claim construction … Because of the relatedness of the ‘652 and ‘319 Patents and the overlap of issues in this action and the [‘319 Patent] case, resolution of the [‘319 Patent] case will narrow, simplify or possibly even eliminate the discovery and trial of this [‘652 Patent] action.”
“While we are pleased with the results to date, we are particularly gratified by the strength and depth of our own patent portfolio,” Gordon stated.