According to the Judge's ruling: "I conclude without hesitation that this case is 'exceptional,' and that Super Vision has perpetrated a 'gross injustice' by its egregious abuses of the discovery phase and vexatious litigation strategy. An award of attorneys' fees is appropriate to remedy the 'gross injustice' Color Kinetics has suffered at the hands of Super Vision's vexatious and bad faith litigation."
"We are very pleased with the Court's decision, as the order provides satisfying vindication for Super Vision's behavior over the past four years," said Bill Sims, president and CEO of Color Kinetics.
This decision follows a ruling in August 2005 whereby the Court granted all of Color Kinetics' motions for summary judgment against Super Vision relating to the patents. The Court found that all five of Color Kinetics' asserted patents are valid, that each of five Super Vision product lines infringe those patents, and that Color Kinetics did not engage in misconduct before the US Patent and Trademark Office. The Court had earlier granted summary judgment in favour of Color Kinetics on tort claims raised by Super Vision.
As a result of this decision Color Kinetics will now request the Court to issue a permanent injunction prohibiting further infringement of the asserted patents.
(Lee Baldock)
