Patent Infringement Lawsuit Update


On June 8, 2010, LSPT filed a patent infringement lawsuit against Metal Improvement Company, LLC (“MIC”) in the U.S. District Court for the Southern District of Ohio, Eastern Division, alleging infringement of U.S. Patent No. 6,373,876 (the “‘876 patent”).  On September 3, 2010, MIC filed a Request for Reexamination with the U.S. Patent and Trademark Office (“USPTO”), asking that the USPTO reexamine the claims of the ‘876 patent in light of various printed publications submitted by MIC in the Request.  The Court stayed the lawsuit pending the outcome of the reexamination proceeding.  On March 25, 2011, the USPTO issued a Notice of Intent to Issue a Reexamination Certificate, wherein the USPTO stated its intent to confirm all 38 of the claims of the ‘876 patent.  On July 5, 2011, the USPTO issued a Reexamination Certificate, Ex Parte Reexamination Certificate No. US 6,373,876 C1, declaring:  “As a result of the reexamination, it has been determined that:  The patentability of claims 1-38 is confirmed.”  As a result, all of the claims of the ‘876 patent remain valid and enforceable.

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