[10:30 Tue,13.December 2022 by Rudi Schmidts] |
We have already reported several times on the legal dispute between
On no point does Nikon see itself infringing a valid and enforceable claim based on the patents listed in the statement of claim, as these are simply unenforceable due to "inequitable conduct" (in the Eng. original "unenforceable under the doctrine of inequitable conduct"). Nikon disputes the validity of the RED patents, arguing that they were applied for too late at the time and therefore should not have been granted. Nikon points out that RED had already offered a camera for pre-order at the NAB 2006, in which the codec technology in question was integrated, but allowed over a year to pass before a patent application was filed. In Nikon&s view, the patent application, which was filed after the one-year deadline, was therefore wrongly granted, as the patent office had no information that the technology had already been implemented and offered for pre-sale. Nikon also denies that RED is entitled to injunctive relief, since - even if there was a patent infringement - the company has not suffered any damage as a result, let alone irreparable damage. And so Nikon&s reply brief to the court asks verbatim: "Nikon requests that the court enter judgment in its favour and against RED as follows: that RED be denied any claims and be denied any relief; that RED&s claims against Nikon be dismissed in their entirety without prejudice; that Nikon be awarded costs incurred in connection with this action." In addition, Nikon has stated that it denies that RED is entitled to any relief in this action and has asked the court to deny all relief sought by RED in its complaint. In short, Nikon is not thinking of backing down. ;) But what are the consequences for users of the Nikon Z9, whose internal ticoRAW recording capability is the central point of contention in this lawsuit? Probably none until the beginning of 2024. Because a judgement can be expected at that time at the earliest. The court has set the following timetable for the trial: April 2023 - Technology Tutorial Hearing. May 2023 - Markman hearing (evidence review) / Last day for motions to amend pleadings/supplement parties. August 2023 - Closing date for disclosure of information to non-experts. October 2023 - Closing date for disclosure of information for professionals. December 2023 - Last day for mediation. January 2024 - Final pre-trial conference. 23 January 2024 - Court hearing. It is, of course, conceivable that the process could end earlier through mediation and that the parties could come to an agreement in advance. This is likely to be the case especially if RED sees its chances dwindling in advance and perhaps this is the only way to prevent its patents from being invalidated. However, we think this is very unlikely, because if RED and Nikon settle without a trial, other manufacturers will probably also lose their "awe" of RED&s patents and possibly dare to take legal action against RED. On the other hand, if RED wins the case, the main patent for compressed raw data will not expire until 2028. In addition, RED filed a  another patent titled "Video Image Data Processing In Electronic Devices" last month, which covers a wide range of recordable devices (including smartphones). And this new patent expires in 2037. So, in the worst case scenario, we will be able to report on the RAW WARS for another 15 years or so...  more infos at bei ymcinema.comdeutsche Version dieser Seite: Nikon vs. RED Patent interne RAW-Aufzeichnung - keine Entscheidung vor 2024 |
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