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ICT Files Counterclaims Against Mars
International Currency Technologies, Inc. (ICT), a registered California company, has filed counterclaims against Mars Incorporated (Mars) in a lawsuit pending the District Court of Delaware, asserting non-infringement and invalidity of United States Patent No. 5,632,367 ("the '367 patent"). According to ICT, "Mars' allegations are baseless. ICT's bill acceptors snapping the clear cover in the housing by several screws do not infringe the '367 patent, because those bill acceptors do not include the "fused" or "molded to" requirements of the claims of the '367 patent. The '367 patent also recognises that the use of clear plastic snap-in windows was a known technology when the '367 patent was filed, as described on column 2, lines 11-20 of the '367 patent. Thus, if Mars asserts that the '367 patent covers such ICT's bill acceptor, the '367 patent will be invalid under U.S. law."
"The '367 patent is also invalid in view of other the prior art. The two-shot molding housing claimed in the '367 patent was well-known prior to the filing of the '367 patent. In other words, the '367 patent should not have been issued by the U.S. Patent Office and ICT intends to invalidate the patent on this basis through the litigation," ICT said. "ICT's U.S. customers have been receiving warning letters from Mars. The warning letter was full of threats and it appears that the intention thereof was to reduce competition. This warning letter was misleading and ambiguous. In particularly, the letter failed to identify the specific patent involved in the litigation or any ICT product, and also failed to explain in the severe restrictions on the scope of the '367 patent, as explained above." ICT wants its customers to know that it respects valid patent rights of others. Nevertheless, ICT will vigorously defend its legitimate interests and fight back based on the clear grounds for non-infringement and invalidity described above.
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