Neology Commences Litigation in Superior Court of California Against RFID Manufacturer Confidex Ltd. and Confidex, Inc.
SAN DIEGO, Aug. 05, 2022 (GLOBE NEWSWIRE) -- Neology, a global innovator and leading provider of integrated solutions for radio frequency identification (RFID) applications, today announced it has commenced litigation in the Superior Court of California for the County of San Diego against RFID manufacturer Confidex Ltd. and Confidex, Inc. Neology seeks damages and injunctive relief based on claims for breach of contract, unfair competition and declaratory relief to prevent Confidex from making, offering to make, selling, distributing, offering to sell, having sold, using, having imported, or importing into the United States any RFID devices that are compatible or comply with the ISO-18000-6C protocol, which is an international standard governing the way RFID products communicate with one another in the ultra-high frequency (UHF) spectrum.
Neology in late 2013 sued Confidex for patent infringement in the U.S. District Court for the District of Delaware claiming that certain of Confidex’s RFID products compatible with the 6C protocol infringed various Neology patents. Rather than litigate Neology’s infringement claims, Confidex and Neology entered into a Settlement Agreement that, among other things, provides Confidex not make, offer to make, have made, sell, distribute, offer to sell, hav sold, use, have imported, and/or import into the United States, for any purpose, any RFID devices that are compatible or comply with the 6C protocol during the life of Neology’s asserted patents. Confidex also agreed not to permit any third parties to do any of the same acts with any of the Confidex products.
Despite these obligations, Neology recently discovered that Confidex has been distributing its products to third parties, including Neology’s direct competitor Kapsch TrafficCom, for importation, offering to sell, sale, distribution, and use within the United States. Neology also has recently discovered that Confidex violated its obligations by applying for and obtaining certification for certain of its products from the OmniAir Consortium, which is a threshold requirement to bid and supply RFID devices compatible with the 6C protocol to many of the tolling authorities and other governmental agencies in the United States. Neology attempted to remind Confidex of its contractual obligations and demanded that it cease any further conduct in violation of the parties’ agreement, but Confidex refused, thereby necessitating the filing of the lawsuit.
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