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MISSION VIEJO, CALIFORNIA - Crockett & Crockett is pleased to announce early resolution of patent litigation against American Process Equipment, Inc. (APEI) by Discflo, Inc. APEI, sellers of the Adaptek® line of rotary disc pumps, was sued by Discflo in 2011 in the Southern District of California. Discflo asserted infringement of U.S. Patent 7,097,416, which covers rotary disc pumps with screw-type inducers mounted coaxially on the rotors of the disc pumps. The case was filed in the United States District Court for the Southern District of California (case number 11-CV-00476).
Crockett & Crockett took the unusual step of filing a motion to dismiss for failure to state a claim based on non-infringement, demonstrating that the Adaptek® pumps depicted in the complaint did not include any inducers at all. The resulting order advised Discflo of the lack of infringement and fast-tracked the Markman hearing. Consequently, Crockett & Crockett persuaded Discflo to dismiss its case against APEI on February 26, 2012. The result was the resolution of patent litigation in a very cost-effective manner.
In a related action, Crockett & Crockett filed a reexam request in the United States Patent Office, which has progressed to an initial determination that all claims of U.S. Patent 7,097,416 are invalid.
This is the most recent of a line of cases resolved by Crockett & Crockett at the extreme early stage of litigation with commensurate cost savings to the client.
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