Defense Building Against ObjectVideo's USITC Case

By: John Honovich, Published on Oct 02, 2011

Two months ago, the United States International Trade Commission (USITC) initiated an investigation regarding claims by Object Video against Bosch, Samsung and Sony. The US civil court case was stayed and the focus now shifted to the USITC. In this note, we examine how all 3 defendants are expanding their defense and counter claims against ObjectVideo will new assertions and new evidence.

At the end of September, the paties met for their First Settlement Conference. However, Object Video was unable to reach any settlement with any of the parties.

Indeed, all 3 parties have built up their defense against Object Video. Let's run through each ones response:

  • Bosch: In Bosch's response (see pages 30+ for their affirmative defense), Bosch focuses on prior art invalidating the patents. Indeed, Bosch lists dozens of examples from the 1990s in Appendix C,D and E of their response. Bosch also claims that Object Video was publicly selling their video analytics more than one year before the first patent application (which could also invalidate the patent).
  • Samsung: In Samsung's respone (see pages 41+ for their affirmative defense), Samsung presents a long list of previous documents (pages 42-50) that they contend are prior art.
  • Sony: In Sony's respone (see pages 64+ for their affirmative defense), Sony argues that the patents are not sufficiently specified (see 25 USC 112 [link no longer available]) and therefore should be invalid. For instance, with regards to virtual tripwires, Sony claims that it is "indefenite, not enabled and/or lack adequate written description." Interestingly, Sony also emphasizes that their products "are capable of operating without the accused functionalities" and that they have "substantial non-infringing uses". This is a point we suspect from the beginning. It would be fairly trivial, worst case scenarios, for Sony to simply drop these analytics. That noted, Sony has obviously decided to invest in fighting back against these claims.

Each defendant makes a slightly different case (though all 3 charge OV with inequitable conduct for failing to disclose known information in the patent applications). We obviously cannot tell how strong their cases are but it is a bearish sign for OV that all 3 defendants continue to fight nearly a half year after OV filed their first case.

Comments : Members only. Login. or Join.

Related Reports

Axis / Avigilon Patent Litigation Ends With 3 Invalidated Patents on Sep 09, 2020
The multi-year, multi-district patent litigation between Canon and Axis...
Trade Groups Request NDAA Blacklist Delay Citing Coronavirus on Apr 06, 2020
Two trade groups representing government contractors have asked Congress to...
SIA Coaches Sellers on NDAA 889B Blacklist Workarounds on Aug 05, 2020
Last month SIA demanded that NDAA 899B "must be delayed". Now that they have...
Genetec CEO Declares "We Don't Negotiate Payment With Patent Trolls" on Aug 11, 2020
Are patent trolls like terrorists? Genetec's CEO is coming out strongly...
Vape Detection Legal Battle: Soter Sues IPVideo Corp on Jul 22, 2020
The crosstown vape detection rivals are now in a legal battle. While IPVideo...
IPVM Rejects Feevr's Improper Threats And Demands on May 04, 2020
IPVM categorically rejects Feevr's improper threats and demands submitted...
Dahua Taunts Australian Government, Continues To Sell Illegal Fever Cameras on Aug 10, 2020
Dahua is effectively taunting the Australian government by continuing to sell...
Panasonic i-PRO Hid Huawei, Does Damage Control on Aug 21, 2020
Panasonic i-PRO hid their usage of Huawei from the public, continues to...
JCI Sues Genetec For Patent Infringement on Jul 13, 2020
Surprisingly, security giant JCI has sued their partner, security software...
Hikvision Admits Sanctions Harming Its Financial Performance on Mar 27, 2020
While Hikvision initially downplayed being sanctioned for human rights...
SIA: "Refrain From Working With Companies And/or Products That Are Implicated In Human Rights Abuses" Like Dahua and Hikvision on Aug 17, 2020
The US (Security Industry Association) SIA has taken a stand, declaring that...
Digifort Presents VMS 7.3 with AI Analytics on May 07, 2020
Digifort presented its VMS 7.3 with AI analytics at the April 2020 IPVM New...
Startup Monitoreal Presents Home Object Detection AI on Aug 24, 2020
Monitoreal presented its on-premise only object detection AI at the 2020 IPVM...
Indian Government Restricts PRC Manufacturers From Public Projects on Aug 04, 2020
In a move that mirrors the U.S. government’s ban on Dahua and Hikvision...
ISC West 2020 Moves To The Basement on May 29, 2020
The twice cancelled/postponed show will now not only be held in a different...

Recent Reports

Axis Compares Fever Camera Sellers to 9/11 on Sep 18, 2020
Axis Communications, the West's largest surveillance camera manufacturer, has...
Avigilon Elevated Temperature Detection Camera Tested on Sep 17, 2020
Avigilon has entered the temperature screening market with the release of...
Chilean Official Investigated for Motorola And Hikvision Contracts on Sep 17, 2020
A corruption investigation is underway in Chile after a crime prevention...
Huawei HiSilicon Production Shut Down on Sep 17, 2020
Huawei HiSilicon chips are no longer being manufactured or supplied to...
Virtual ISC West and GSX+ Exhibiting Contrasted on Sep 17, 2020
Both ISC West and ASIS GSX are going virtual this year, just weeks apart, but...
X.Labs Sues FLIR on Sep 16, 2020
X.Labs, the maker of Feevr, has sued FLIR, the publicly traded thermal...
Video Surveillance 101 September Course - Last Chance on Sep 16, 2020
Today is the last chance to sign up for the Fall Video Surveillance 101...
No Blackbody Mistake, Half Million Dollar, Hikvision Fever Camera System in Georgia on Sep 16, 2020
A Georgia school district touted buying Hikvision fever screening "about...
Costar Technologies / Arecont H1 2020 Financials Examined on Sep 16, 2020
Costar's financial results have been hit by the coronavirus with the company...
Startup Cawamo Presents Live Alerts With Edge AI and Cloud VMS on Sep 15, 2020
Cawamo, an Israeli edge-to-cloud analytics and VMS startup, presented its...
Favorite Access Control Credentials 2020 on Sep 15, 2020
Credential choice is more debated than ever, with hacking risk for 125kHz and...
Dangerous Hikvision Fever Screening Marketing In Africa on Sep 15, 2020
A multi-national African Hikvision distributor is marketing dangerously...
New Products Show Fall 2020 Announced - Register Now on Sep 14, 2020
IPVM's sixth online show will feature New Products from over 25...
Hanwha 8K / 33MP Camera Tested on Sep 14, 2020
Hanwha Techwin has released an 8K / 33MP resolution camera, the TNB-9000 with...
Gait Recognition Examined on Sep 14, 2020
Facial recognition faces increasing ethical and political criticisms while...