We-Vibe Patent Emerges From USPTO Re-examination Intact

Sep 8, 2014 10:00 AM PST

OTTAWA, Ontario – Standard Innovation says its We-Vibe patent is stronger than ever, following a re-examination by the U.S. Patent and Trademark Office (USPTO), which issued an Ex Parte Reexamination Certificate.

According to the company, the patent covering the We-Vibe® (U.S. Patent No. 7,931,605) has now been examined and issued twice by the USPTO.

The second USPTO review resulted from an Ex Parte Reexamination request filed by LELO in October 2013.

“Despite LELO’s latest attempt to challenge the ‘605 Patent, the USPTO has upheld the validity of the claims as originally issued,” the company said in a press release. “Not a single claim was altered during the reexamination process.”

General Exclusion and Cease and Desist Orders issued in June 2013 by the U.S. International Trade Commission (ITC), remain in force. The ITC found the ‘605 Patent valid, and that LELO products, such as the Tiani and Tiani 2, infringe.

Civil actions against Lelo involving infringement of the ’605 Patent and related patents remain pending in the U.S. Federal District Court for the Southern District of Texas and in the Federal Court of Canada.

“Standard Innovation continues to enforce its valuable intellectual property rights, and bring its leading patented brand of sexual wellness products to market together with valued channel partners,” the company said.

Standard Innovation was represented by McDermott Will & Emery LLP before the USPTO, Osha Liang LLP for U.S. litigation matters, and Osler, Hoskin & Harcourt LLP as coordinating litigation and intellectual property counsel.

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