Nano Litigation?
Nano-Proprietary files Declaratory Judgment Action against Cannon. Whether this related to nanotechnology cannot be determined by the press release but this may be the first big time nanotech lawsuit
Nano-Proprietary is seeking a declaratory judgment that new SED color television products, scheduled to be manufactured by Canon and/or Toshiba beginning in August 2005, are not covered under a 1999 patent license agreement between Canon and Nano-Proprietary. Nano-Proprietary alleges that Canon is improperly using Nano-Proprietary's patented technology to produce surface conductor electron emitter display screens (SED) for a new generation of flat screen color televisions.
Nano-Proprietary also asserts that a joint venture formed by Canon and Toshiba Corporation to produce the SED display screens, SED, Inc., is not a licensed subsidiary under the 1999 agreement and that Canon is improperly transferring its license rights under Nano-Proprietary's patents to the joint venture and Toshiba. Nano-Proprietary also alleges that Canon's representation to the industry that it is licensed violates federal false advertising statutes.
The Nano-Proprietary portfolio includes 3 US Patents and 13 published US Patent Applications. Marc Eller, Chairman and CEO of Nano-Proprietary refers to this as "a very strong and pervasive patent portfolio that applies to several multibillion dollar industries, of which this is one." As I have noted before it is difficult to determine the true size of a patent portfolio because patents may be licensed in or assigned without showing up in the Patent Office database.
Nano-Proprietary, Inc. is a holding company consisting of two wholly owned operating subsidiaries. Applied Nanotech Inc. is a premier research and commercialization organization dedicated to developing applications for nanotechnology with an extremely strong position in the field of electron emission applications from carbon film/nanotubes. Electronic Billboard Technology, Inc. (EBT) possesses technology related to electronic digitized sign technology. Neither Applied Nanotech nor Electronic Billboard Technology is listed as assignee of any U.S. patents.
Nano-Proprietary is seeking a declaratory judgment that new SED color television products, scheduled to be manufactured by Canon and/or Toshiba beginning in August 2005, are not covered under a 1999 patent license agreement between Canon and Nano-Proprietary. Nano-Proprietary alleges that Canon is improperly using Nano-Proprietary's patented technology to produce surface conductor electron emitter display screens (SED) for a new generation of flat screen color televisions.
Nano-Proprietary also asserts that a joint venture formed by Canon and Toshiba Corporation to produce the SED display screens, SED, Inc., is not a licensed subsidiary under the 1999 agreement and that Canon is improperly transferring its license rights under Nano-Proprietary's patents to the joint venture and Toshiba. Nano-Proprietary also alleges that Canon's representation to the industry that it is licensed violates federal false advertising statutes.
The Nano-Proprietary portfolio includes 3 US Patents and 13 published US Patent Applications. Marc Eller, Chairman and CEO of Nano-Proprietary refers to this as "a very strong and pervasive patent portfolio that applies to several multibillion dollar industries, of which this is one." As I have noted before it is difficult to determine the true size of a patent portfolio because patents may be licensed in or assigned without showing up in the Patent Office database.
Nano-Proprietary, Inc. is a holding company consisting of two wholly owned operating subsidiaries. Applied Nanotech Inc. is a premier research and commercialization organization dedicated to developing applications for nanotechnology with an extremely strong position in the field of electron emission applications from carbon film/nanotubes. Electronic Billboard Technology, Inc. (EBT) possesses technology related to electronic digitized sign technology. Neither Applied Nanotech nor Electronic Billboard Technology is listed as assignee of any U.S. patents.
posted by SWBarns at
9:36 AM
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