U.S. District Court rules in favor of INDECT USA in INDECT USA vs. Park Assist
BOSTON, Sept. 12, 2019 /PRNewswire/ -- United States District Judge Roger T. Benitez has issued a court order ruling in favor of INDECT USA by denying Park Assist's motion to dismiss INDECT USA's anticompetitive and sham lawsuit action against Park Assist, a member of Netherlands based TKH Group NV. Judge Benitez also acknowledged in his order that Park Assist has threatened INDECT and its customers over alleged patent infringement.
"We are definitely encouraged that the Court agrees that the question of whether Park Assist has engaged in anti-competitive behavior and instigated a sham lawsuit against San Diego Airport and ACE Parking Management warrants further investigation," said Dale Fowler, President of INDECT USA.
INDECT products do not and have never infringed on the Park Assist Patent No. 9,594,956. "We stand by our products. We are confident that no patent infringement has occurred," added Fowler. "We will not allow Park Assist to discredit our reputation and intimidate our customers."
Judge Benitez also made the following key points:
"INDECT has adequately alleged a plausible basis for asserting that Park Assist knew INDECT's UPSOLUT system did not infringe its patent but still communicated its allegedly false claims to INDECT's current and potential customers."
"Contrary to Park Assist's argument, INDECT's pleadings adequately allege bad faith by pointing to a specific basis for its contention that Park Assist acted with a guilty mind."
"The facts of this case when viewed objectively and in totality, show that Park Assist took the affirmative step of contacting INDECT directly, making an implied assertion of infringement of its rights under the '956 patent against INDECT's UPSOLUT products, and INDECT disagreed by filing suit."
"The court is satisfied at this stage that there is declaratory judgment jurisdiction arising from a definite and concrete dispute between Park Assist and INDECT, parties having adverse legal interests."
"Park Assist's own evidence demonstrates that it implicitly accused INDECT of infringing Park Assist's patent, and there is no suggestion that Park Assist ever assured INDECT that it did not intend to sue INDECT, itself."
According to Fowler, the decision to embark on legal action was not an easy one. Litigation is extremely expensive, and it can sometimes take years to get a result. However, the cost to INDECT's reputation and business by not acting was simply too great to ignore. "We just want an even playing field," said Fowler.
To read the complete court ruling, go to: https://indect.com/wp-content/uploads/2019/08/Park-Assist-Motion-to-Dismiss-denied.pdf
About INDECT USA
INDECT is the leading provider of parking guidance systems. INDECT's systems combine the most advanced parking space sensors with industry-leading data management technology to offer drivers a safer, more convenient parking experience while helping parking owners operate their parking assets more efficiently and profitably. INDECT USA can be found online at www.indectusa.com
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SOURCE INDECT USA
