LELO Reports Favorable Litigation in We-Vibe Patent Suit

SAN JOSE, Calif. — The U.S. Patent Office has issued an office action in its re-examination of Bruce Murison’s We-Vibe patent No. 7,931,605, which rejects all of the patent claims-at-issue in the reexamination, LELO says.

According to the company, in the office action, the USPTO has rejected the We-Vibe patent based on prior art references that were not considered when the patent was first examined, including at least two prior art patents (Mitchener U.S. Patent No. 4,574,791 and Kain U.S. Patent No.5,690,603) and two prior art publications (one on a massager product called “Femipet” and one on a massager product called “Ultime”).

LELO says by rejecting all of the patent claims that Standard Innovation is arguing are infringed by LELO’s Tiani and Tiani 2 Couples’ Massagers, the office action agrees with its request that these claims are not patentable in view of the prior art.

“This office action is yet another step by the USPTO suggesting that the We-Vibe patent claims are invalid,” the company said.

The USPTO’s rejection of the We-Vibe patent follows LELO’s request for ex parte reexamination, which LELO filed on Oct. 21, 2013. On Nov. 11, 2013, the USPTO issued an order finding a “substantial question of patentability” of the We-Vibe patent.

According to LELO, Standard Innovation Corporation, the owner of the We-Vibe patent, declined to file a patent owner statement following the USPTO’s decision ordering reexamination of their patent. The USPTO thus moved forward with the reexamination, rejecting all of the patent claims for which reexamination had been requested.

Standard Innovation now has two months to file a response to the office action, addressing each of the rejections made by the patent examiner.

“Unless they can convince the patent examiner that the rejections are incorrect and the claims are each patentable over the cited references, the patent examiner will likely issue a final office action rejecting the claims,” LELO says in a statement. “At which point Standard Innovation’s options become more limited as they may be forced to appeal the patent examiner’s decision. LELO and Standard Innovation have been involved in a string of ongoing legal disputes, notably when Standard Innovation used its We-Vibe patent to block sales and imports of LELO’s couple massagers into the U.S. in January 2013 based on a ruling by the International Trade Commission.”

Standard Innovation was unavailable for comment at post time.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

BasisDx Adds Expedited Results Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a new option for expedited test results for its Pro13 kit.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Orion Debuts 'Suck-O-Mat 3' Masturbator

Orion Wholesale has introduced the third edition of its Suck-O-Mat masturbator.

Biird Debuts 'Ohwii' Glass Dildo

Biird has introduced Ohwii, its new double-ended glass dildo.

Sportsheets Releases New Training Video for 'Edge' Line

Sportsheets has released its latest training video, titled "Edge Product Training," the third in a series hosted by Brand Ambassador Rin Musick.

Exsens Marks Its 10th Anniversary

Intimate wellness and body care brand Exsens is celebrating its 10-year anniversary.

Honey Play Box Debuts 'Trill' Vibrator

Honey Play Box has debuted its new Trill app-controlled vibrator, which joins Melody and Elektra in the company's Kegel toy collection.

Osuga Debuts 'Flow' Vibrator

Pleasure brand Osuga has introduced its new Flow vibrator.

Orion Unveils 6 New Styles From 'Black Level' Line

Orion Wholesale has introduced six new styles from its Black Level line.

AllYourDolls Releases 'Transgender and Animal Furry' Lines

AllYourDolls has debuted their new Transgender and Animal Furry lines of sex dolls.

Show More