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LELO Clears Path to Claim Monetary Compensation from Resellers of Infringing ‘We-Vibe’ Products

By on April 30, 2015
lelo

Stockholm/San Jose: The U.S. Patent and Trademark Office (USPTO) has issued a Final Decision rejecting a challenge to the validity of all claims of LELO’s US patent 7,749,178 covering inductive charging of personal massagers, which directly relates to the sale of the We-Vibe 2, We-Vibe 3, We-Vibe 4 and We-Vibe 4 Plus products.

This final decision has cleared the path for LELO to seek monetary compensation from Stand Innovation Corporation (SIC) as well as all distributors and retailers who continue to sell infringing items from the We-Vibe range.

After being accused of infringement of LELO’s U.S. Patent No. 7,749,178 through the importation and sale of inductively charged We-Vibe products in the United States, SIC, makers of the We-Vibe line, filed an Inter Partes Review (IPR) request in the USPTO challenging the validity of LELO’s patent.

On April 23rd 2015, the USPTO issued its Final Decision on the IPR rejecting SIC’s challenge to the validity of LELO’s patent. Now the case will proceed in the District Court of California to decide the infringement issue and the assessment of damages, with SIC being barred from asserting invalidity of LELO’s patent on any ground SIC raised or could have raised during the IPR. This IPR decision is a Final Written Decision of the panel of three Administrative Judges before the patent trial and appeal board of the USPTO.

With the Final Decision from the USPTO resolving the validity issue raised by SIC, now SIC and all involved infringers may be held liable for past, present and future damages for the sale of all inductively charged “We-Vibe” products that are found to infringe U.S. Patent No. 7,749,178 covering inductively charged personal massagers.

Distributors and Retailers worldwide seeking more extensive advice on how to proceed at this time are advised to contact legalteam@lelo.com

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