AirTight® Networks Defeats Aerohive’s Patent Re-examination Challenge
USPTO decision opens the door for patent infringement litigation to resume in court
MOUNTAIN VIEW, Calif., Oct. 9, 2013 /PRNewswire/ – AirTight Networks announced today that the United States Patent and Trademark Office (USPTO) has confirmed the validity of the company’s U.S. Patent No. 7,339,914 (the “’914 patent”) on October 04, 2013, in a second patent re-examination challenge by competitor Aerohive Networks that claimed the AirTight patent was invalid. With the validity of the ’914 patent having been upheld by the USPTO, AirTight expects to resume the infringement proceedings against Aerohive in the District Court.
Aerohive filed the second patent re-examination request after its first re-examination request was denied by the USPTO on May 9, 2013. Aerohive also appealed the denial of the first re-examination request. That appeal was also denied by the Director of the USPTO in a decision dated September 18, 2013, which found no merit to the appeal.
On January 28, 2013, AirTight Networks filed suit against Aerohive Networks alleging that Aerohive willfully infringed AirTight’s ’914 patent by making, using, and selling certain wireless network products, including Aerohive’s Hive Access Points (Hive APs). AirTight alleged that Aerohive’s willful infringement spanned at least several years, and included inducing and continuing to induce infringement by Aerohive’s customers as they continued to use the infringing Hive APs. AirTight’s ’914 patent covers a detection technique, commercially called Marker Packets(TM), which facilitates fast, accurate, and reliable detection of in-network rogue access points.
In response to AirTight’s suit, Aerohive filed the first of its two re-examination requests with the USPTO and requested the District Court to stay AirTight’s infringement action pending the outcome of the reexamination. The District Court granted a stay, however the USPTO denied Aerohive’s first re-examination request and later also denied Aerohive’s appeal of that denial. Aerohive then filed its second re-examination request, which the USPTO granted. However, after reviewing Aerohive’s cited prior art and extensive additional prior art cited by AirTight, the USPTO rejected Aerohive’s arguments that the invention described in the ’914 patent is unpatentable and fully upheld the validity the ’914 patent.
About AirTight Networks
AirTight Networks is the global leader in comprehensive cloud Wi-Fi solutions. The company’s award-winning family of products and cloud services combines a true carrier-class multitenant cloud architecture with breakthroughs in Wi-Fi location, user analytics, social engagement, manageability, ease of deployment, and cost effectiveness, as well as AirTight’s longtime top-rated WIPS technology. AirTight’s global customer base includes leading enterprises in the government, financial, technology/telecom, manufacturing, health care, retail, and hospitality sectors. For more information, please visit us at: www.airtightnetworks.com, or follow us @AirTight.
AirTight is a registered trademark of AirTight Networks; the AirTight Networks logo, and Marker Packet are trademarks of AirTight Networks, Inc. All other trademarks are the property of their respective owners.
SOURCE AirTight Networks