EagleView Announces Significant Patent Office Wins in Patent Litigation Against Xactware

Eagle View Technology Corporation (“EagleView®”), a leading technology provider of aerial imagery, data analytics and GIS solutions, announced several victories today concerning its ongoing patent litigation against Xactware and Verisk for infringement of EagleView’s patent. In late 2015, EagleView filed a lawsuit against Xactware Solutions, Inc. (“Xactware”) and Verisk Analytics, Inc., (“Verisk”) for their willful infringement of EagleView patents covering key technologies. The lawsuit is currently in the United States District Court for the District of New Jersey, titled EagleView Technologies, Inc. and Pictometry Int’l Corp., v. Xactware Solutions, Inc. and Verisk Analytics, Inc., case number 1:15-cv-07025. As part of that case, EagleView will ask a jury to award it damages for Xactware and Verisk’s patent infringement and will ask a Court to enter an order enjoining Xactware and Verisk from making, using and selling any aerial rooftop products found to infringe.

As part of the litigation, Xactware and Verisk have filed a number of challenges against EagleView’s patents with the Patent Trial and Appeal Board (PTAB) for the United States Patent & Trademark Office (USPTO). These challenges are called requests for inter partes review (IPR) and challenge the validity of patents in light of prior art that is shown to the USPTO. Xactware and Verisk have also challenged patents held by EagleView’s subsidiary Pictometry.

Recently, the PTAB issued its last rulings on Xactware and Verisk challenges and the results were very positive for EagleView. Specifically, Xactware filed 14 IPR challenges,13 of which were rejected in their entirety and none of the petitions resulted in all of the challenged claims being invalidated. All told, Xactware challenged 153 patent claims at the Patent Office and 93 percent (142) survived Xactware’s validity challenges. This stands in stark contrast to the usual success rate of patent owners in IPR proceedings, where in only about 10-15 percent of cases do all claims survive in an instituted IPR.

EagleView’s achievement was reported in Law360, an independent legal publication, which called the Patent Office’s most recent ruling against Xactware, “another disappointing decision for the New Jersey Company in its effort to take down patents it’s…

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