USA: EagleView,a leading technology provider of aerial imagery and data analytics, announced a significant appellate victory regarding the validity of the EagleView patents and technology in its ongoing patent litigation against Xactware and Verisk.
As previously reported, Xactware and Verisk filed over a dozen petitions with the United States Patent Trial and Appeals Board in an effort to invalidate nine of EagleView’s patents. EagleView defeated those challenges, a win previously covered by Law360 in an article titled “Xactware Challenges to Rival’s Patents End with a Whimper,”
Xactware and Verisk subsequently appealed its losses to the Federal Circuit Court of Appeals, contending that the U.S. Patent Trial and Appeals Board incorrectly upheld the validity of the EagleView patents. A panel of three Federal Judges heard arguments on Xactware and Verisk’s appeal this week, on March 4, 2019. Two days later, on March 6, 2019, the Federal Circuit affirmed the Patent Trial and Appeals Board’s findings that EagleView’s patents were valid over Xactware and Verisk’s contentions, once again shutting down Xactware and Verisk’s serial attempts to challenge the validity of the very technology they previously tried to purchase. The court explained that there was “substantial evidence” supporting the Patent Office’s view that the EagleView patent claims are valid and expressed that Xactware’s arguments to the contrary were “unpersuasive.”
“EagleView has faced a series of serial attacks on its patents by Xactware and Verisk, and once again, a Court has upheld the validity of our intellectual property,” EagleView CEO Rishi Daga said. “This is simply the latest in Xactware and Verisk’s years-long attempt to illegally and unfairly compete by copying our innovations. Courts have repeatedly rejected Xactware and Verisk’s arguments, and we are looking forward to presenting our case to a jury at our trial starting on June 10. We strongly believe that a jury will agree that Xactware and Verisk are intentionally using our patented technology and that they must pay for their wrong behavior.”