PATENT LAWSUIT: REVEALED
Okay, you keep talking about what was "proved" about TRKR's patent in court. So you get more facts.
Well, there's no reported decision about it -- whatever the courts decision was, it appears not to be published. All we know is what TRKR put in a press release on May 20, 1999, which is quoted below.
As I have indicated, it merely says there was an infringement decision *AGAINST* TRKR (see my previous post as to the signifcance of TRKR being a defendant) and that it was dismissed. It doesn't say why -- it could have been because the plaintiffs felt they had no money to win from TRKR. Or because TRKR convinced the court that for its sake the lawsuit should be held in Canada. Or because TRKR said in a brief it doesn't do anything, so it could not possibly have made, used or sold anything that concerned the plaintiff. Or because the plaintiff Datastrip decided to focus on Symbol which (I would guess) is the real target of the lawsuit -- you know, the company with money. The suit against SYMBOL went to trial.
But whatever is the reason for a dismissal, it was not a lawsuit about TRKR's patent and has NO bearing on the validity of TRKR's patent. None. And TRKR does not even claim it does -- not publicly or openly, anyway. TRKR's own press release suggests strongly that the lawsuit affected ALL users of SYMBOL's "PDF417 bar code symbology".
One other part of TRKR's press release requires comment -- it says, like TRKR always says -- that TRKR's technolgy is the "undisputed leader". Am I the only one who finds that hysterical? How can it "lead" if it doesn't have any operations? Leads what?
- Charles
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PR Newswire
May 20, 1999, Thursday
SECTION: Financial News
DISTRIBUTION: TO BUSINESS AND TECHNOLOGY EDITORS
HEADLINE: US District Court Dismisses Datastrip Lawsuit
DATELINE: TORONTO, May 20
The Tracker Corporation of America, Inc. (OTC Bulletin Board: TRKR) announced today that The United States District Court for the district of Delaware has dismissed the infringement case against Tracker. Subsequently, a jury found that Symbol Technologies, Inc., (NYSE: SBL), a co-defendant in the action, did not infringe any of the asserted claims by virtue of its use, promotion and sale of PDF417 bar code products.
Bruce Lewis, the CEO of the company, said, "We are pleased that the U.S. District Court has dismissed this patent infringement case against Tracker and that consistent with our long held belief the jury concluded that there was no basis for infringement as against Symbol and other users of the PDF417 bar code symbology. Now, we can get on with our business without this roadblock and focus on implementing Tracker's business plan making Tracker's technology the undisputed leader."
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