Lemelson Foundation Gives Up Patent Fight

The Lemelson Foundation has taken its submarines and gone home. On Thursday, the foundation filed documents with the U.S. District Court for Arizona stating that it would not challenge a Federal Circuit U.S. Court of Appeals ruling earlier this year that precluded the foundation from enforcing its machine vision patents.

Hundreds of companies have paid inventor Jerome Lemelson and later the foundation that survived him more than $1.5 billion in licensing fees. But in September, the Federal Circuit agreed with the trial judge that the 18- to 39-year delay in prosecuting the patents rendered them unenforceable.

Symbol Technologies v. Lemelson Medical, Education & Research Foundation, 98-1413 PHX, has been closely watched because it involves Lemelson’s use of what have been dubbed “submarine” patents because they are kept on file in the U.S. Patent and Trademark Office for years only to come to the surface after applicable technologies have evolved.

“The Lemelson Foundation’s decision not to appeal the Federal Circuit’s ruling is a fitting end to a 50-year journey through the legal system,” said Jesse Jenner, a Ropes & Gray partner leading the plaintiffs in the case.

— Scott Graham

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: