Printer Friendly

APPEAL COURT UPHOLDS HAYES PATENT

 ATLANTA, Dec. 23 /PRNewswire/ -- U.S. modem manufacturer Hayes Microcomputer Products, Inc. today announced that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., affirmed in all respects the judgment of Federal Judge Samuel A. Conti after a Jury verdict in favor of Hayes.
 In the January 1991 San Francisco trial, the Jury found that Hayes Improved Escape Sequence with Guard Time Patent (Hayes '302) was valid, enforceable, and willfully infringed by the defendants, Everex Systems, Inc., Ven-Tel, Inc., and OmniTel, Inc. Because the Jury had found that the infringement by the defendants was willful, Judge Conti later granted additional damages and attorney's fees to Hayes. The defendants appealed this decision on a number of grounds. Everex and OmniTel settled with Hayes and took a license under the Hayes '302 Patent, leaving Ven-Tel to continue the appeal which has now been denied.
 In an exhaustive 42-page analysis, the Court of Appeals affirmed the judgment in all respects, finding that the patent adequately disclosed the invention and that all of the attacks by the infringers were ineffective. The Court of Appeals also held that Hayes properly disclosed in the Patent the best mode for implementing the invention. Ven-Tel and the other infringers had made the claim during the trial that the invention would have been obvious at the time the invention was made and that the Patent was therefore invalid under the U.S. patent laws. The Court of Appeals reviewed all of the evidence and found no support for that argument.
 The Court of Appeals also ruled that Hayes properly proved willful infringement of the Patent. The Court approved the Jury's finding that required the infringing defendants to pay a royalty of 1.75 percent of their modem sales. The Appellate Court affirmed the ruling of the Trial Judge that the infringing party, Ven-Tel, Inc., was required to pay twice the amount of damages awarded by the Jury as a penalty.
 Finally, the Appellate Court "deplore(d) the unfounded accusations of inequitable conduct" made by the infringers at the patent trial against Hayes. The Appellate Court therefore cleared Hayes of any claim of fraud or inequitable conduct in obtaining the Patent.
 This ruling comes on the eve of another patent infringement trial, this time involving Multi-Tech Systems, Inc. A trial date has been set for 4 January 1993 in United States District Court, Minneapolis, Minnesota. The January 4 trial date in Minneapolis is coincidently the same date Hayes began its trial in California two years ago. It is also noteworthy that Multi-Tech, like Ven-Tel, filed suit against Hayes challenging the Patent despite having been given an opportunity to license the Hayes '302 Patent.
 "Judge Conti, a Jury and now the Federal Circuit Court of Appeals have all conducted an extensive review of the claims and issues regarding this Patent, and confirmed its validity, enforceability and willful infringement," said Hayes President Dennis C. Hayes. "We expect the same favorable decision in the upcoming jury trial against Multi- Tech in Minneapolis."
 The Hayes escape sequence technology, first introduced in Hayes Smartmodem products in 1981 and issued as U.S. Patent Number 4,549,302 on 25 October 1985, is now a data communications feature for modems, ISDN, and other data communications applications, with over 26 million units shipped to date worldwide. The Hayes '302 patent, which has become the industry standard escape sequence due to its proven reliability after 11 years of use, has been licensed by 25 manufacturers.
 Best known as the leader in microcomputer modems, Hayes develops, supplies and supports computer communications equipment and software for personal computer and computer communications networks. The company distributes its products in over 60 countries through a global network of authorized distributors, dealers, mass merchants, VARs, systems integrators and original equipment manufacturers.
 -0- 12/23/92
 /CONTACT: Beth Malanoski or Peggy Ballard of Hayes Microcomputer Products, Inc., 404-840-6812, 404-840-9200, or fax, 404-441-1238/


CO: Hayes Microcomputer Products ST: Georgia IN: CPR SU:

AH-TM -- NY071 -- 9780 12/23/92 21:03 EST
COPYRIGHT 1992 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1992 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:PR Newswire
Date:Dec 23, 1992
Words:671
Previous Article:GOODY'S MANUFACTURING CORP. ISSUES VOLUNTARY MARKET WITHDRAWAL OF ALL HEADACHE POWDERS
Next Article:GENERAL COMPUTER CORPORATION REPORTS SECOND QUARTER FISCAL 1993 SALES AND EARNINGS IMPROVEMENT
Topics:


Related Articles
HAYES ANNOUNCES SETTLEMENT OF OMNITEL'S INFRINGEMENT UNDER BANKRUPTCY REORGANIZATION PLAN
HAYES SETTLES WITH MULTI-TECH LENGTHY TRIAL NOT REQUIRED
APPEALS COURT UPHOLDS GLAXO'S ZANTAC PATENT
AstraZeneca Prilosec(R) Patents Upheld by Federal Appeals Court.
Cordis Statement on Patent Litigation With Boston Scientific.
PFIZER INC - Statement re (Pfizer's lipitor patent).
Kemin Lauds U.S. Court of Appeals Decision Upholding Lutein Patents.

Terms of use | Copyright © 2016 Farlex, Inc. | Feedback | For webmasters