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REALD wins US patent dispute from MasterImage following losses in China, Russia

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  • REALD wins US patent dispute from MasterImage following losses in China, Russia

    RealD today announced it prevails over MasterImage in a Patent Infringement Action at the U.S. International Trade Commission, investigation instituted against MasterImage 3D's Horizon3D cinema system products, an initial determination concluded that RealD's patents were valid and infringed by MasterImage. This contradicts findings by similar regulators in Russia and China.

    RealD says it had filed an ITC complaint contending that the Horizon3D cinema systems infringe RealD patents covering their optical architecture and polarization control technologies. The ITC is an independent governmental agency in Washington, DC, responsible for addressing patent infringement disputes relating to goods that are manufactured abroad and imported into the United States.

    MasterImage won disputes in Russia and China this spring:

    MasterImage 3D, worldwide leader in 3D display technologies for digital cinema, successfully invalidated RealD’s Chinese utility model patent by filing an appeal before the Chinese Patent Re-examination Board (PRB). The Chinese PRB agreed with MasterImage 3D’s claim that RealD’s patent lacked inventiveness and failed to meet the requirements for patent protection. As a result, MasterImage 3D will continue to sell its high-brightness HORIZON3D product line in China. In October 2014, MasterImage 3D appealed the grant of RealD’s utility model patent CN 203433207U for 3D beam-splitting, polarization technologies. In its appeal, MasterImage 3D documented the lack of novelty and inventiveness of RealD’s patent being brandished by RealD in an effort to block other 3D technologies from the Chinese market. On May 7, 2015, the Chinese PRB declared that RealD’s Chinese patent is invalid as a whole.

    It is the second victory of MasterImage 3D after successfully invalidating RealD’s utility model patent in Russia. On March 27, 2015, the Russian Patent Office also sided with MasterImage 3D and invalidated RealD’s utility model patent in Russia.<\q>

    With this victory in the Chinese PRB, RealD’s effort to keep the HORIZON3D out of a competitive Chinese marketplace has been denied. MasterImage 3D will continue to sell its HORIZON3D high-brightness, triple-beam product line in China and throughout the rest of the world.<\q>

    RealD said in a statement it pioneered modern digital 3D in cinemas and is the dominant global 3D market leader with over 27,000 screens in 72 countries. RealD's XL Cinema Systems are the world's brightest, delivering the best visual experience possible to consumers.

    "We are enormously pleased with today's initial determination by the U.S. International Trade Commission in our favor," said Vivian Yang, Executive Vice President & General Counsel for RealD. "We invested considerable time, effort and resources to develop the most light-efficient 3D projection system in the industry, and we will continue to aggressively enforce our intellectual property rights against any company that seeks to infringe on our patented technology."<\q>

    RealD has significant patent protection surrounding its light-doubling XL Cinema System with IP covering architecture and other aspects of the inventive technology. RealD's invention patents have been consistently affirmed in both examination and re-examination proceedings around the world.

  • #2
    In August RealD also claims US and International patent review wins:

    RealD Bolsters Global IP Protection for Light-Doubling Cinema System Technology as Patent Offices around the World Affirm RealD’s Patents
    U.S. Patent Office Affirms XL Cinema System Patent Claims by Refusing to Institute Inter Partes Reviews of Majority of Patent Claims

    Challenged Patents Emerge from Re-Examination in Australia

    Invention Patents Granted in USA, Europe, Russia, Japan, Australia, Mexico with Patents Pending in China, Brazil, Canada, India and South Korea

    August 25, 2015 08:00 AM Eastern Daylight Time
    LOS ANGELES--(BUSINESS WIRE)--Global visual technology company RealD Inc. (NYSE: RLD) announced today that the company continues to reinforce its global IP protection around its proprietary RealD XL Cinema System technology with an Invention Patent reaffirmed by the Australian Patent Office following a desperate re-examination request by a struggling competitor. With more than 60 issued patents around the world protecting RealD’s XL Cinema System technology, this Australian re-examination victory by RealD builds on recent legal triumphs in the USA, furthering RealD’s position against unethical copycat infringers whose business models seem to be built on copying RealD’s award-winning and patented light-doubling optical architecture.

    “Our competitors continue to fail in their attempts to invalidate RealD’s Invention Patents”
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    “In desperation, our competitors have filed challenges in every jurisdiction they can, knowing that their challenges have no substance, aiming only for procedural ‘wins’ that they can misleadingly publicize in hopes of salvaging their business. It’s a petty smoke and mirrors attempt to misinform the industry and delude exhibitors into believing that RealD’s patent position is anything other than solid and blocking,” said Anthony Marcoly, President, Worldwide Cinema at RealD.

    RealD has a significant patent wall around its light-doubling XL Cinema System with IP filings dating back to 2006 covering architecture and other aspects of the inventive technology. Chief among the protection of RealD’s proprietary technology is a collection of Invention Patents, which have been substantively examined and granted. Unlike Utility Models, which have a less stringent patentability requirement and in many cases are granted after checking that the application complies with formalities, Invention Patents are substantively examined by a patent examiner prior to being issued. RealD’s Invention Patents surrounding the company’s XL Cinema System technology have been consistently affirmed in both examination and re-examination proceedings around the world.

    “Our competitors continue to fail in their attempts to invalidate RealD’s Invention Patents,” added Marcoly. “More so, our competitors don’t even attempt to promote their own IP positions because they simply don’t have anything that is relevant against RealD. Rather, they choose to claim victory over a placeholder Utility Model filed in 2013, after a substantively examined Invention Patent having earlier priority to 2007 has been issued in the same territory.”

    “Claims of victory over invalidating an unrelated Utility Model is a laughable misrepresentation, as it has absolutely no impact on RealD’s stronger Invention Patents in earlier-filed patent families granted and pending around the world,” said Neil Mothew, Vice President, Intellectual Property and Legal Affairs. “Utility Models are formality placeholders utilized in select jurisdictions, which RealD expected to displace upon issuance with substantively examined Invention Patents having earlier priority.”

    Some of RealD’s global IP protection around its Light-Doubling XL Cinema System technology includes:

    USA:

    U.S. Patent Nos. 7,857,455; 7,959,296; 7,905,602; 8,220,934; 8,833,943; 8,328,362; 8,540,372; 8,727,536; 7,633,666; 8,638,400.
    U.S. International Trade Commission has instituted an investigation into MasterImage’s allegedly infringing imports. RealD is seeking that the ITC issue an Exclusion Order to bar importation of those MasterImage 3D products and the key components inside those products.
    Three separate petitions for Inter Partes review filed by MasterImage have been found baseless and dismissed by the Patent Trial and Appeal Board given MasterImage failed to demonstrate a reasonable likelihood of prevailing.
    Two challenges based on a minority subset of asserted claims were instituted; one of which is on the basis of one RealD-owned patent being alleged as prior art to another RealD-owned patent. See IPR2015-00035 & IPR2015-00040.
    Infringement lawsuit by RealD against Volfoni was dismissed by RealD only after Volfoni agreed to not do business in the USA with their infringing Diamond system.
    Australia:

    Invention Patent AU2008251353.
    Invention Patent affirmed following re-examination. See Australian Pat. App. No. AU2014213551.
    Europe:

    Invention Patent EP2067066.
    See also, Pat. app nos. AT 07843526.0; BE 07843526.0; DE 07843526.0; ES 07843526.0; FR 07843526.0; GB 07843526.0; IE 07843526.0; IT 07843526.0; PL 07843526.0; SE 07843526.0; TR 07843526.0; EP 14191668.4
    RealD filed a lawsuit with the Paris First Instance Court against a 3D manufacturer and a cinema operator for patent infringement.
    Russia:

    Invention Patents issued: RU2533532; RU2488856.
    Japan:

    Invention Patents issued: JP5635773; JP5641424.
    South Korea:

    Invention Patents pending: Rep. Korea Pat. App. Nos. KR10-2009-7008562; KR10-2009-7025714; KR10-2014-7021821.
    China:

    Invention Patents pending: China Pat. App. Nos. CN200880023761.1; CN201310233906.3
    Brazil:

    Invention Patents pending: Brazil Pat. App. Nos. BR PI0810740-8; BR122013012891-3.
    India:

    Invention Patents pending: India Pat. App. Nos. IN7402/DELNP/2009; IN983/DELNP/2013.
    Mexico:

    Invention Patent issued: MX301311.
    Canada:

    Invention Patent pending: Canada Pat. App. No. CA2686928.
    Further information concerning RealD’s patents at www.realdpatents.com.

    The RealD XL Cinema System was introduced in 2008 and today is the world’s most widely used 3D cinema projection technology with more than 15,000 units installed around the world. The XL Cinema System delivers more light and better efficiency than any other 3D cinema projection technology, and as a result, it provides a superior projected 3D image at a lower operating cost.

    The world’s most widely used 3D cinema technology, RealD 3D is installed in more than 27,000 auditoriums by approximately 1,200 exhibitors in 72 countries around the world.

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    • #3
      One down 7 other chinese imitators to go.
      https://twitter.com/CINERAMAX<br /><br />https://WALLSCREEN-SKYLOUNGES.COM

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      • #4
        Well MasterImage is still doing business, announced deals with chains in both China and Russia this summer. And indeed my old friend Patrick in the article i linked at the time, pointed out that this MasterImage win might be most beneficial for its mainland Chinese competitors that had been less scrupulous about appropriating 3D technology to begin with. Just request a sample;-).

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        • #5
          3 March 2013
          VOLFONI DENIES REALD’S ALLEGATIONS OF U.S. PATENT INFRINGEMENT

          default news

          LOS ANGELES, Global 3D technology solutions leader Volfoni confirmed today that it will vigorously defend the U.S.

          patent lawsuit brought by RealD Inc. against Volfoni’s groundbreaking 3D cinema system, SmartCrystal™ Diamond. Volfoni asserts that RealD’s allegations of U.S. patent infringement are without merit, and that its SmartCrystal™ Diamond system uses an innovative, original technology. At this time, RealD has no corresponding international patents for the U.S. patents at issue in the lawsuit. “Volfoni has always had an honest relationship with its clients and we are appalled at these allegations by RealD. Since the very beginning of Volfoni, innovation has been at the heart of our strategy, apparent in our motto ‘Creative 3D Technology,’ and our product SmartCrystal™ Diamond,” said Thierry Henkinet, President of Volfoni. “At the same time, Volfoni respects the intellectual property of other companies while protecting and standing behind its own products.” Volfoni has retained leading intellectual property law firm Quinn Emanuel Urquhart & Sullivan, LLP. “We intend to vigorously defend and pursue Volfoni’s rights, and expect to achieve a successful outcome to the lawsuit,” added Harold A.Barza of Quinn Emanuel.

          US patent infringement lawsuit against Volfoni is dismissed 2014

          LOS ANGELES–Worldwide leader in 3D technology Volfoni announced today that RealD agreed to dismiss the U.S. patent lawsuit against Volfoni in the United States District Court for the Central District of California.

          Volfoni denies RealD’s allegations of U.S. patent infringement against Volfoni’s SmartCrystal™ Diamond product, and asserts that RealD has no corresponding international patents for the U.S. patents at issue in the lawsuit.

          Volfoni continues to offer its SmartCrystal™ Diamond product to theater-owners on the international market, to great success. The SmartCrystal™ Diamond passive 3D polarization system uses an innovative “Triple Beam” technology, producing the highest light efficiency of any 3D system on the market. Volfoni provides the most flexible and affordable business model of any 3D equipment manufacturer.

          “We are pleased to report that Volfoni and RealD have agreed to end this lawsuit regarding U.S. patents,” said Thierry Henkinet, President of Volfoni. “We stand behind our product, SmartCrystal™ Diamond, which has been heralded by our clients around the world as a groundbreaking 3D cinema system.”


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          • #6
            17 September 2014
            VOLFONI 3D CONTESTS THE VALIDITY OF REALD’S UTILITY MODEL PATENT IN RUSSIA

            default newsVolfoni, the global 3D technology solutions leader and creator of the groundbreaking 3D cinema system, SmartCrystal™ Diamond, confirmed today that it will vigorously challenge RealD’s Utility Model (UM) patent in Russia. Volfoni has started the process to invalidate RealD’s UM patent at the Chamber for Patent Disputes of the Russian Patent Office. Volfoni strongly believes RealD’s Russian UM patent does not bring any innovation to 3D technology, nor to any of Volfoni’s internationally filed patent applications.

            Volfoni has concluded that RealD’s UM patent filed in Russia is not valid because of its blatant lack of novelty. UM patent applications in Russia do not undergo substantive examination in the Russian Patent Office, and are only examined for compliance with formal requirements. Volfoni asserts that RealD’s Russian UM patent is a wrongful attempt to suppress competition in the manufacture and sale of 3D cinema projection systems in Russia, and specifically Volfoni’s innovative and superior SmartCrystal™ Diamond. Accordingly, Volfoni demands further investigation and examination by the Russian Patent Office.

            “Volfoni respects innovation and competition in the marketplace. RealD continues to try to threaten our clients and partners around the world, without any legitimate legal grounds. Any attempt by RealD to mis-use its Russian UM patent against Volfoni’s products or to intimidate our clients and partners will not be tolerated. We stand with our customers and behind our products” said Thierry Henkinet, President, Volfoni Group.

            Volfoni filed and has been granted numerous innovation patent applications in France for its 3D technologies and these patents have been filed around the world. Most recently, Volfoni’s unique “triple beam” technology that is used in its premier 3D cinema system SmartCrystal™ Diamond was granted a Chinese patent by the State Intellectual Property Office in China.


            16 April 2015
            VOLFONI WELCOMES REALD’S UM PATENT INVALIDATION IN RUSSIA

            thumb_330_default_newsOn March 27, 2015, the Russian Patent Office invalidated RealD’s Utility Model (“UM”) Patent 138095, finding that this UM patent brought no innovation to 3D technology and lacked novelty.

            RealD has tried to use this Russian UM patent to intimidate members of the cinema industry that were finding better value in alternative and superior 3D solutions with Triple Beam Technology, and in particular Volfoni’s SmartCrystal™ Diamond 3D cinema system.

            “We are pleased that the Russian Patent Office has rejected RealD’s wrongful attempt to suppress competition and threaten 3D cinema integrators and exhibitors. This decision allows 3D exhibitors, integrators and manufacturers to concentrate on the quality of the cinema experience and not on legal gamesmanship.” says Alain Chamaillard, Volfoni’s Managing Director for EMEA, CIS & Russia.

            Despite RealD’s unfounded threats and intimidation, Volfoni continues to offer its innovative and top of the class SmartCrystal™ Diamond throughout Russia. With over 300 units shipped, it is the most chosen Triple Beam 3D System in the world.

            Graphic assets available for publication
            http://bit.ly/PR_150416_Volfoni_Assets


            27 May 2015
            VOLFONI WELCOMES REALD’S UTILITY MODEL PATENT INVALIDATION IN CHINA

            thumb_503_default_newsOn May 7, 2015, RealD saw another of its Utility Model (“UM”) Patent (CN 203433207U) invalidated in China. The Chinese Patent Re-Examination Board declared that this UM patent was not bringing enough novelty and innovation.

            This is the second invalidation that RealD is facing in just over a month which confirms RealD’s lack of innovation capacity and inventiveness. On March 27, 2015, RealD already had one of its patent invalidated in Russia by the Russian Patent Office for the same reasons.

            RealD used these patents as a threat to intimidate members of the cinema industry that were finding better value in alternative superior 3D solutions with Triple Beam Technology, and in particular Volfoni’s SmartCrystal™ Diamond 3D cinema system.

            Despite RealD’s unfounded threats and intimidation, Volfoni continues to offer its innovative and top of the class SmartCrystal™ Diamond throughout Russia and China. With over 300 units shipped, it is the most chosen Triple Beam 3D System in the world.

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