True Position Inc.’s Device Locator Patent Invalidated


In a final written decision of an inter partes review under the America Invents Act (AIA), the United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) stated that True Position Inc.’s (device locator) patent – 7,783,299, which describes a system for locating wireless devices in an emergency, is invalid in light of three prior art references. US patent 7,783,299 covers monitoring links in a wireless network, and triggering network events detected on those links. The technology has broad applications in anti-terrorism, law enforcement and public safety services worldwide.


Polaris Wireless Inc. had challenged True Position Inc.’s (device locator) patent’s validity. Polaris Wireless was founded in 1999 by Silicon Valley visionaries who invented, developed and patented the high accuracy, software-based Wireless Location Signatures (Polaris WLS™) location technology. True Position is a leader in mobile phone tracking for public safety.


USPTO’s PTAB agreed with the arguments presented by Polaris Wireless. Polaris Wireless stated that claims 111-114 of US patent 7,783,299 were invalid as anticipated and obvious in the light of three prior art references, two of which are US patents. The (device locator) patent in question relates to technology for locating wireless devices, also called mobile stations, such as those used in analog or digital cellular systems, personal communications systems, enhanced specialized mobile radios and other types of wireless communications systems. The two prior art references are US 6,088,587 and US 6,167,266, known respectively as Abbadessa and Havinis. The third prior art reference is a WIPO patent known as Zell. The PTAB completely analyzed the claim construction and the prior art before stating that Polaris showed prevalent evidence that the (device locator) patent in question was anticipated by Zell. The PTAB also deemed the (device locator) patent in question to be obvious in light of combination of Abbadessa and Havinis.


Further, in May, 2012, True Position had filed a lawsuit in Delaware Federal Court accusing Polaris Wireless Inc. of violating the patent and infringing on the technology. True Position’s technology can accurately locate any mobile phone in any environment, where other location technologies such as A-GPS cannot. True Position is uniquely suited to meet location-based safety and security requirements of businesses and Government agencies in disaster and law enforcement emergencies. True Position’s technology was used in the wake of the 9/11 disaster to search for survivors of the World Trade Center terrorist attack. Polaris Wireless Inc. challenged the (device locator) patent’s validity after it was accused in Delaware FC of infringing on the technology.

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