BUFFALO’S wireless injunction stayed
AUSTIN, TX. – Buffalo Technology, a global leader in the design, development and manufacturing of wired and wireless networking, storage and memory solutions announced that a federal judge has stayed the permanent injunction in the ongoing U.S. patent litigation (Commonwealth Scientific Research and Industrial Organization v. Buffalo Technology USA, Inc. and Buffalo, Inc.) with respect to the offer to sell, use, import or manufacture Buffalo’s IEEE 802.11a and 802.11g standard compliant products.
The Australian science agency CSIRO sued Buffalo Inc. and its US affiliate Buffalo Technology (USA) Inc. in the U.S. District Court for the Eastern District of Texas, alleging that Buffalo’s products infringed its U.S. Patent 5,487,069, which concerns Wi-Fi technology relating to the transmission and modulation of wireless signals. After the district court held that Buffalo’s products infringed certain claims of the patent and that those claims were valid, the district court ordered Buffalo to stop selling its allegedly infringing products in the U.S. Buffalo appealed that order to the U.S. Court of Appeals for the Federal Circuit.
On September 19, 2008, the Federal Circuit raised the issue of whether CSIRO’s patent is valid and remanded the case back to the district court. The order staying the permanent injunction confirms that Buffalo is free to sell IEEE 802.11a, 802.11g and 802.11n compliant products in the United States.
Although Buffalo believes that the appellate court implicitly vacated the injunction when it questioned the validity of CSIRO’s patent, Buffalo took the additional step of asking the trial court to stay the injunction to the extent it was still in force. Buffalo expects that the trial court will, in the near future, schedule a trial on whether CSIRO’s asserted patent claims are invalid and is confident that a jury will vindicate its position.
Any questions concerning the stay of the injunction should be directed to Richard D. Kelly, counsel for Buffalo and senior partner with Oblon, Spivak, McClelland, Maier & Neustadt, P.C.
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