MVTec, Cognex weigh in on patent dispute

Initial ITC determination says importation and sale of equipment using MVTec's Halcon software does not violate two of Cognex's patents.

Rick Nelson, Chief Editor -- Test & Measurement World, 7/28/2010 7:00:57 AM

MVTec Software announced that it has received an initial determination in its favor in the ongoing dispute with Cognex regarding patents related to matching technology. Following an eight-day hearing, an administrative law judge of the US International Trade Commission (ITC) ruled in its initial determination that the Cognex patents in question before the ITC are invalid. Because the ITC found the patents invalid, MVTec's Halcon software will continue to be sold and imported into the US, MVTec reported.

"MVTec certainly respects intellectual property rights—up to the point where they turn out to be based on questionable patents", said Dr. Olaf Munkelt, MVTec managing director. "We will continue to defend ourselves as well as our customers against any complaints that we believe are without any merit," he added.

Cognex yesterday responded to the July 16, 2010, ITC determination that the importation and sale of equipment using MVTec's Halcon machine vision software does not violate two of Cognex's patents. Todd Keebaugh, Cognex's VP of legal services, said, "We are encouraged by the judge's decision confirming that the claims of one of the patents (U.S. Patent No. 7,016,539) are not anticipated or obvious. However, we are disappointed with his initial determination that both Cognex patents in this investigation were not infringed, and that they claim unpatentable subject matter under the Supreme Court's recent decision in Bilski. We believe the Supreme Court made clear that Bilski was not intended to affect the patentability of technological methods performed in software. Fortunately, the judge's decision at the ITC is only an initial determination, and Cognex will bring these important issues to the full Commission for an independent review."

Based on its initial determination, the ITC will make a final determination on this case in November 2010.