Wednesday 23 October 2019

Glanbia hits out in US patent lawsuit


Optimum nutrition products
Optimum nutrition products
John Mulligan

John Mulligan

GLANBIA'S Optimum Nutrition arm has rejected allegations made by Texas firm Symbology Innovations that it infringed a patent claimed by the US firm in using some quick response (QR) codes on its packaging.

Optimum Nutrition has now also counter-claimed against Symbology, it has emerged.

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The lawsuit against Optimum Nutrition was initiated last month in a Delaware court. Symbology claimed Optimum Nutrition used or incorporated QR codes into its packaging "in a manner covered by one or more claims" of a patent dubbed 190.

QR codes are small, square printed boxes - similar to a barcode - that are frequently attached to a wide range of products.

Consumers can typically scan them with their phone, which in turn links their device to a retailer's website, for instance to display a video about a product.

The Texas firm has claimed that as a result of the alleged infringement of the patent, it has suffered monetary damages. Glanbia has denied Symbology's claims.

"Glanbia denies it has committed or is committing acts of infringement and, or 'profiting, in an illegal and unauthorised manner and without authorisation and, or of the consent from Symbology'," it has told the court in filings.

In its counter-claim against Symbology, Glanbia has told the court that the named inventor of the disputed patent "had knowledge of material, non- cumulative prior art regarding the 190 patent" and "deliberately withheld" that information from the US Patent and Trademark Office (USPTO) "with the intent to deceive the examiner and the USPTO".

Glanbia has asked the court to invalidate the 190 patent.

Irish Independent

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