PhaZZer Electronics Inc. Wins Legal Challenge in FINAL Office Action of USPTO to Invalidate AXON Enterprises Inc Patent Claims
Phazzer Electronics Inc. announces that on April 2, 2018, the United States Patent and Trademark Office (USPTO) released its Final Office Action regarding Axon's U.S. Patent No.
HOOPER, Neb., April 18, 2018 /PRNewswire-PRWeb/ -- The United States District Court for the Middle District of Florida in the NO. 6:16-cv-00366-PGB-KRS. Phazzer Electronics Inc. announces that on April 2, 2018, the United States Patent and Trademark Office (USPTO) released its Final Office Action regarding Axon's U.S. Patent No. 7,234,262 patent (Taser Patent). According to court documents, the United States Patent and Trademark Office (USPTO) has rejected all 51 claims of the Taser Patent owned by Axon Enterprises Inc. (formally Taser International Inc.). The USPTO Final Office Action is in response to a second ex parte reexamination request filed by Phazzer Electronics. Axon has until June 2, 2018 to appeal this matter with the USPTO.
According to court documents the Taser Patent describes a dart weapon using a microprocessor used to track date and time. All Taser Patent claims were found to unpatentable by the USPTO due to the prior art identified by Phazzer Electronics.
According to court documents, the characteristics of the high voltage pulsed current required by the dependent claims (e.g., claims 15 and 16) are taught by the references relied upon (i.e., Poole, Murray, Cover and Mangolds et al.) for the reasons given in GROUNDS 1-2 above. Therefore, the prior art relied upon teaches the structure required by the rejected claims, and the prior art structure is capable of performing the function recited in claim 13 for the reasons given above (emphasis added).
[T]he declarant's assertion is not found to be persuasive because Poole directly refutes the assertion, i.e., Poole has a filing date that precedes the effective date of the claimed invention, and Poole teaches a CEW controlled by a microprocessor (emphasis added) . . . Accordingly, THIS ACTION IS MADE FINAL.
"This presents a great day in our country's history when we can rely on the diligent work and effort by our country's executive agencies as exemplified here by the USPTO in its exhaustive and fair review of Taser's patent claims," said Kirk French, President of Phazzer Electronics. The decision of the USTPO can be read in its entirety located on the USPTO's website or at https://www.phazzerstore.com/
The Phazzer Enforcer CEW's are the only alternative to the Axon/Taser brand and offers competitive advantages which include a more ergonomic grip, a higher intensity led light, rechargeable battery system, safety shutdown technology to prevent overexposure, equal or better effectiveness and a significant savings of 20% to 35%.
Phazzer Electronics, being Axon's only competitor in the marketplace, is still currently barred from selling its otherwise lawfully competing products based solely on the previously entered injunction Order by the U.S. District Court. The USPTO's Final Office Action rejecting all claims of the Taser patent is a significant change in circumstances that calls into question any continued enforcement of the U.S. District Court injunction order.
"We will continue to aggressively protect the right of the public and challenge suspect intellectual property rights of competitors," concluded French.
CONTACT:
Kirk French
Owner
Sales(at)Phazzer.com
(402) 719-7500
SOURCE Phazzer
Related Links
https://www.phazzerstore.com/
SOURCE PhaZZer Electronics Inc.