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Team led by patent litigator Pierre Yanney completes triple-play win for Movea in dispute over 3-D air mouse, following victories at PTO and its Appeals Board

An intellectual property team from Stroock&Stroock&Lavan LLP won its third victory in a row on behalf of client Movea Inc. when the Court of Appeals for the Federal Circuit affirmed on April 6 an earlier ruling by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.

Movea, a maker of digital motion-sensing equipment for business, home entertainment, and educational uses, was advised by Stroock patent litigator Pierre Yanney, along with associate Stephen Underwood. (Movea was acquired during the course of the case by InvenSense, a maker of chip-based sensor systems.)

“While the Court of Appeals noted during oral argument that the technology was ‘very complex,’ the patent examiner, the PTAB and the Federal Circuit all agreed that the Hillcrest patent was clearly invalid.  The decision confirms the value of the inter partes process as an efficient and effective means for post-grant patent challenges, often with many advantages over district court litigation,” said Pierre R. Yanney, a partner in Stroock’s Intellectual Property Practice Group.

Stroock originally filed an inter partes challenge at the PTO on behalf of Movea against a patent held by Hillcrest Laboratories for a 3-D air mouse, a hand-held remote pointing device. The patent at issue covered tilt compensation which allows the mouse to perform properly, regardless of how it is held or rotated. After a thorough and detailed review by a patent examiner, the PTO found for Movea, invalidating the Hillcrest patent in its entirety.

Hillcrest, a subsidiary of InterDigital (Nasdaq:IDCC), appealed the ruling to the PTO’s Patent Trial and Appeal Board. The tribunal heard oral arguments, then issued a written opinion affirming the patent examiner and giving Stroock its second victory.

On subsequent appeal to the Federal Circuit, Mr. Yanney completed the trifecta on behalf of Movea, with the court of appeals panel returning its ruling within 48 hours of argument.

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