A patent licensing company accusing HP of infringing old Panasonic patents is seeking to resume its suit in Texas federal court, arguing that an invalidity ruling it lost last month at the U.S. International Trade Commission doesn’t hold up in district court.
“The facts relied on by [Administrative Law Judge Monica Bhattacharyya] to find two of the asserted patents invalid for obviousness-type double patenting have changed,” California-based VideoLabs Inc. said in a Friday motion to lift a stay. The litigation with HP Inc. is over patents initially issued to engineers at Panasonic covering ideas related to coding videos.
HP notched a win at the ITC in April when commissioners signed off on findings from Judge Bhattacharyya that the language in the claims VideoLabs asserted were too indefinitely written for patent protection.
But VideoLabs said Friday that new information has come to light.
VideoLabs HP Patent Suit
“These facts include a change in ownership of family member patents and the filing of terminal disclaimers, which impact the references relied on by the ALJ to find two of the asserted patents invalid for obviousness-type double patenting at the ITC,” VideoLabs argued. It did not elaborate.
