IMDEX Continues to Protect Leading Patented Core Orientation Technologies

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    Leading global Mining-Tech company, Imdex Limited (IMDEX or the Company), today provides an update on its
    commitment to protecting its leading patented technologies.
    IMDEX subsidiaries have previously been successful in protecting their core orientation patent in Australia
    against Globaltech Corporation Pty Ltd (which is currently majority owned by Boart Longyear) and Globaltech
    Pty Ltd (together, “Globaltech”), including a finding of infringement against Globaltech by the Federal Court in
    2018. The quantum of damages awarded to the IMDEX subsidiaries is still to be determined. IMDEX subsidiaries
    have also successfully upheld the validity of its US patent before the United States Patents and Trademarks
    Office after a challenge by Boart Longyear in 2020.
    Further background information, including links to the successful ruling and Court orders, can be found at the
    following announcement dated 14 December 2018:
    IMDEX SUCCESSFULLY PROTECTS CORE SAMPLE ORIENTATION PATENT
    Current Action
    In a continuation of its commitment to protect its intellectual property, certain IMDEX subsidiaries have filed a
    complaint with the United States International Trade Commission (the ITC) and commenced proceedings in the
    Canadian Federal Court and with the South African Commissioner of Patents against Boart Longyear, its
    affiliates and distributors.
    The actions respectively assert that the use of Boart Longyear's TruCore core orientation systems infringe
    various patents held by IMDEX subsidiaries in the United States, Canada and South Africa. These patents are
    commercially embodied by IMDEX’s market-leading ACT III core orientation sensor, which allows customers to
    obtain high quality data to ensure alignment of core samples.
    IMDEX subsidiaries are asking the ITC to institute an investigation into the infringement of the US patent by
    Boart Longyear and to issue an exclusion order. This order would permanently prevent Boart Longyear, its
    affiliates and distributors from importing its TruCore core orientation systems into the United States and
    renting them to US-based customers.
    2
    Similarly, for the Canadian claim, the IMDEX subsidiaries are seeking an order barring Boart Longyear and its
    affiliates and distributors from importing, selling, or renting its TruCore core orientation tools in Canada, and
    seeking compensation for loss and damages suffered.
    For the South African claim, the IMDEX subsidiaries are seeking orders restraining Boart Longyear and its
    affiliates/distributors from using, selling or renting its TruCore core orientation tools in South Africa, the
    destruction of the infringing tools and compensation for loss and damages suffered.
    Commenting on the actions, IMDEX CEO Paul House said:
    “Our Company continually invests in research and development to provide cutting edge technologies and
    additional value for our global customers. We have a successful history of upholding our intellectual property
    rights. These actions demonstrate our ongoing intent to protect our rights wherever infringement occurs.”
    This announcement has been approved for lodgement by the Company Secretary.

    courtesy of Bell Direct
    =========================================================================================

    DYOR

    i hold IMD ( 'free-carried' )

  2. 83.9k
    Posts

    BOART LONGYEAR’S GDS STATEGIC PARTNER GLOBALTECH CORPORATION PTY
    LTD SUCCESSFULLY DEFEND OPTICAL DEVICE PATENT
    Boart Longyear Group Ltd (ASX:BLY) and its subsidiaries (Boart Longyear), the world’s leading
    provider of drilling services, an expert in providing valuable orebody knowledge that is
    revolutionising the future of mineral development, and a pioneer in innovative drilling equipment
    and performance tooling, announces its strategic partner, Globaltech Corporation Pty Ltd
    (Globaltech), has successfully enforced its Australian patent No. 2012297564 (for an optical
    device used in down hole tools and a down hole information gathering system incorporating such
    a device) against Reflex Instruments Asia Pacific Pty Ltd (Reflex), a wholly owned subsidiary of
    Imdex Limited. In the same proceedings, Globaltech successfully defended a challenge to the
    validity of this patent and the Judge declared that Reflex infringed the patent.
    Jeff Olsen, Boart Longyear Chief Executive Officer, said, “We have long believed in the integrity
    of Globaltech’s optical device and system and we are pleased that Globaltech’s technology was
    respected and protected by the Australian legal system. With ten years of patent protection
    remaining, all necessary action to vigorously protect and defend Globaltech’s intellectual property,
    in every region where this technology may be enforced, will be considered.”
    On 26 July 2022, the Court made these orders:
    ▪ Reflex is restrained from using or supplying any optical device or downhole data gathering
    system that infringes the patent, including the optical devices known as the infrared
    coupling (IR Coupling) and infrared data association standard (irDA) device, and downhole
    data gathering system incorporating those devices (the EZ-GRYO or EZ-TRAC can no
    longer be supplied by Reflex, to the extent they incorporate Reflex IR Couplings or irDA
    devices);
    ▪ Reflex must remove all IR Coupling and irDA devices from the EZ-GRYO and EZ-TRAC;
    ▪ Reflex must destroy any IR Coupling and irDA window devices;
    ▪ Reflect must destroy any promotional, advertising, and instructional material pertaining to
    the EZ-GRYO or EZ-TRAC to the extent they refer to the IR Coupling or irDA device;
    ▪ Reflex is to pay Globaltech’s costs of the proceedings.
    Certain of these orders (including destruction) have been stayed pending any appeal Reflex may
    file.
    The next phase in these proceedings is for the Court to determine the compensation payable by
    Reflex to Globaltech for the infringing conduct.
    Globaltech, majority owned by Boart Longyear, manufactures certain instruments and equipment
    for the Geological Data Services division of Boart Longyear.

    courtesy of Bell Direct
    =========================================================================================

    DYOR

    i hold IMD ( 'free-carried' )

    i wonder how BLY ( and the subsidiary ) could afford the lawsuit considering all the 'restructures ' they have been through ( just since the GFC )

    maybe after the IMD appeal BLY will be weak enough to take-over ( i have held BLY in the past .. during the Caterpillar lifeline era )

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