EOS has announced that it has filed a patent infringement lawsuit against Phenix Systems at the United States District Court for the Northern District of Illinois, Eastern Division. The lawsuit alleges infringement of U.S. Patent Nos. 5,753,274 and 6,042,774 through the manufacture, sale and use of the PXL, PXM, PXS and PXS Dental product lines from Phenix in the US. During the second half of 2011, Phenix had announced the commercial manufacture, sale and use of exactly these product lines publicly, even though EOS had apprised Phenix of its patent portfolio several times. As a consequence, EOS filed the patent lawsuit against Phenix on March 5, 2012.
The Complaint against Phenix sets forth that Phenix is directly infringing, inducing others to infringe, and contributing to infringement of the 274 and 774 Patents in violation of 35 U.S.C. § 271. Phenix had actual notice of the existing EOS patent and despite such notice, has continued to engage in acts of infringement.
Johann Oberhofer, CFO of EOS, commented: “Filing this patent infringement lawsuit is an essential step in protecting our patent rights in the US. We hope that this litigation will quickly resolve the situation.”
EOS has patents granted for a considerable number of its own inventions in the field of laser-sintering. Today, the EOS patent portfolio includes more than 50 patent families worldwide. The company owns exclusive worldwide rights to all patents owned by 3D Systems Corporation applicable to the field of laser-sintering which were filed prior to August 20, 2002.