First Step of Silver Star Towards the Victory in 337 Litigation…

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In this 337 investigation, Complainant accused that Silver Star, among other co-respondents, infringed six patents in the autonomous floor-cleaning robot area. In the middle of the investigation, Complainant withdrew one patent from consideration and the USITC decided another patent is invalid. Administrative Law Judge Thomas B. Pender in the Initial Determination determines that two of four remaining patents, U.S. Patent No. 6,809,490 (‘490 patent) and U.S. Patent No. 8,474,090 (‘090 patent), which are considered as core assets of iRobot’s entire portfolio, are invalid in view of the existing technology when the patent applications were filed. Furthermore, Judge Pender ruled that Silver Star does not infringe any claims of the U.S. Patent No. 8,600,553 (‘553 patent). The only infringement finding by Administrative Law Judge Thomas B. Pender is related to the U.S. Patent No. 9,038,233 (‘233 patent), of which validity issue is pending before the U.S. Patent and Trademark Office (USPTO) with great likelihood of success in challenging its validity. In addition, ALJ confirmed none of the Silver Star’s redesigned newly manufactured robotic vacuum cleaners infringe.

Silver Star respects intellectual property rights of all companies and has invested heavily in research and development of products in the autonomous floor-cleaning robot industry. Besides welcoming Administrative Law Judge Thomas B. Pender’s findings in Initial Determination, Silver Star is confident that the Initial Determination is only the first step toward a complete victory against iRobot and final decision will continue to be in favor of respondents including itself based upon all findings during the course of long battle.

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