A couple analyst comments:
rfidupdate.com
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Chris Quilty, senior vice president of equity research at Raymond James, believes retaliatory action from Intermec is imminent. In a public note released yesterday entitled Let the Patent Wars Begin, he wrote "an Intermec countersuit (seeking damages) is highly likely over the next several days." Quilty echoed the sentiment of Intermec's statement, stating that legal action between the two companies is entirely predictable, but he called it surprising that Alien moved first. He speculates that the strategy is tied to Alien's forthcoming IPO, with the company "hoping to establish a more favorable venue and to control the timing of the [suit]." He continued, "An Intermec lawsuit filed in the final stages of the IPO process could prove disastrous. By firing a preemptory salvo at Intermec, Alien effectively puts the issue on the table, even if there is no potential for final resolution."
It is early yet to pick a favorite, but Quilty does believe that in the short term, "a declatory judgement in Alien's favor is highly unlikely given the scope and complexity of Alien's claims." While not attesting to the viability of Intermec's IP claims generally, he notes that certain evidence indirectly suggests the company's IP is robust and defensible. Specifically, he cites the "depth and quality" of those that participated in Intermec's Rapid Start Licensing Program, which include RFID heavyweights Symbol, Texas Instruments, Zebra, and Avery Dennison (see the full list here). Chantal Polsonetti, vice president of manufacturing advisory services at ARC Advisory Group, made a similar point, commenting that Intermec's patent pool "has so far withstood challenge as evidenced by the success of the Rapid Start program and the treatment of Intermec's patent position in both the EPCglobal and ISO RFID standardization processes."
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asp.arcweb.com
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Chantal Polsonetti, ARC Advisory Group, commented, "Alien was notably absent from the list of 20 leading RFID companies that signed onto Intermec's Rapid Start RFID program during the grace period offered last summer. This suit looks to definitively resolve in court the validity of a portion of the Intermec RFID patent pool, most of which has so far withstood challenge as evidenced by the success of the Rapid Start program and the treatment of Intermec's patent position in both the EPCglobal and ISO RFID standardization processes." |
