Docket Number: 2:11-cv-10946-NGE-MJH
Date Filed: 3/10/2011
Judge: Hon. Nancy G. Edmunds
On March 10, 2011, Plaintiff Drew Technologies filed suit against Defendant Palmer Performance Engineering, alleging infringement of U.S. Patent No. 7,786,851 (“the ‘851 patent”), entitled “Data Acquisition and Display System of Motor Vehicle,” and false patent marking. The ‘851 patent generally relates to a display device for use in a motor vehicle that integrates with a vehicle's on-board computer as well as peripheral devices for display of information in a user configurable format. Although the parties are competitors in the market for vehicle diagnostic and communications products, Plaintiff and Defendant worked together in 2005 to develop vehicle interface technology. That relationship ended in 2006, with Defendant not having its own software program that would allow users to configure display gauges communicating information from a vehicle’s on-board computer. Shortly thereafter, however, Defendant introduced its own “DashXL” technology that allowed users to configure displays. This triggered the instant litigation, with Plaintiff alleging the Defendant’s technology infringed upon its newly acquired patent. Further, Plaintiff alleged that by advertising the “DashXL” and related “DashCommand” technology as “patent pending” when no patent applications were issued for the technology in the twenty-two months prior, Defendant had also engaged in false marking. Defendant answered by denying infringement and counterclaiming that Plaintiff’s patent was unenforceable. On October 21, 2011, the case settled.