|[April 27, 2012]
Axcess Int'l Receives Markman Order and Trial Date in Patent Infringement Suit Against Savi Technology, Inc.
DALLAS --(Business Wire)--
International Inc. (Pink Sheets: AXSI) announced today a Markman
ruling was issued in case no. 3:10-cv-01033-F, Axcess International (News - Alert),
Inc. (Axcess) vs. Savi Technology, Inc. (Savi) in the United States
District Court for the Northern District of Texas, Dallas Division. Also
announced was the trial date, now set for November 5, 2012.
Axcess was issued a patent on September 25, 2001 entitled "High
Sensitivity Demodulator for a Radio Tag and Method." The patent
discloses a radio tag (News - Alert) that uses circuitry capable of demodulating low
powered analog carrier signals while drawing minimal current to improve
the sensitivity and operational range of the radio tag while maintaining
longer battery life. Axcess filed suit against Savi on May 21, 2010
accusing Savi's RFID tags of infringing 23 claims of the patent.
As described in Wikipedia, a "Markman" hearing is a pretrial hearing in
a U.S. District Court during which a judge examines evidence from all
parties on the appropriate meanings of relevant key words used in a
patent claim when patent infringement is alleged. Holding a Markman
hearing in patent infringement cases has been common practice since the
case of Markman v. Westview Instruments, Inc. It was determined the
language of a patent is a matter of law for a judge to decide, not a
matter of fact for a jur to decide. Markman hearings are important,
since the court determines patent infringement cases by the
interpretation of claims.
Included in the Order were nine disputed and nine agreed-to claims. The
Court construed each of the nine disputed claims in the ruling. The
Court also resolved one of the parties' fundamental disputes about the
scope of the patent. The Court said that the novelty of the invention
was a new and improved tag to receive, process, evaluate, and respond to
much weaker signals than such tags were capable of doing before, also
increasing the operable life span of the radio tag as well as the
distance over which the tag can operate.
"Having reached this important milestone, we now look forward to the
trial in early November. We encourage interested parties to read the
Order," said Allan Griebenow, president & CEO of Axcess International.
"Axcess remains fully committed to the protection of this patent and
others in our intellectual property portfolio."
While management believes the above described ruling can be favorable to
the Company, the ruling does not automatically mean that the Company
will prevail at trial. A copy of the Court's ruling can be downloaded
from the Company's website at www.axcessinc.com.
About Axcess International Inc.
Axcess International Inc. (Pink Sheets: AXSI) provides automated
wireless identification solutions for business encompassing local
location identification, tracking and control capabilities using its
patented MicroWirelessTM technology platform. The complete
system solutions supersede existing manual ID systems by automating
various tasks that increase productivity, security, safety and business
intelligence. MicroWireless - based on active RFID principles - is the
economic and technological sweet spot for autonomously-powered low cost,
miniature, remote wireless communication devices. Axcess is a portfolio
company of Amphion
Innovations plc (AIM: AMP). For more information on Axcess, visit www.axcessinc.com.
This release contains forward-looking statements as defined in
Section 21E of the Securities Exchange Act of 1934, including statements
about future business operations, financial performance and market
conditions. Such forward-looking statements involve risks and
uncertainties inherent in business forecasts.
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