Australia’s CSIRO is confident of success in a patent dispute despite the lifting of an injunction by a US Federal Court that banned Buffalo Technology from selling Wi-Fi products.
The national scientific research organisation claimed Buffalo’s products infringed on one of its US patents.
CSIRO filed a suit against the Japanese vendor and its US affiliate in 2005, and a US District Court in Texas imposed an injunction against Buffalo in June 2007 that stopped it from manufacturing, importing, selling or using its Wi-Fi products.
Buffalo appealed the decision, and has successfully had the injunction lifted while the patent issue is resolved, pending a trial.
In a statement, CSIRO said it was aware that Buffalo is now free to sell its 802.11a, 802.11g and 802.11n products that it believes infringe on US patent 5,487,069, which covers certain wireless local area networking products.
“CSRIO has not received a copy of any court order staying the permanent injunction which restrains Buffalo from such sales in the US. However, CSIRO did not oppose Buffalo’s motion for such a stay, subject to certain conditions,” read the statement.
The lifting of the injunction did not mean Buffalo’s products had ceased to infringe on the patent in question, the organisation claimed.
“In fact, the Court of Appeals for the Federal Circuit confirmed that Buffalo’s products were covered by the claims of CSIRO’s patent,” the statement read. “CSIRO looks forward to the entire matter being resolved in its favour in the near future.”
The US Court of Appeals for the Federal Circuit in Washington, DC, is expected to schedule a trial on the validity of CSIRO's claims soon.