In a lengthy opinion issued November 19, Judge Brinkema of the EDVA held that a patent on a text messaging system for use in emergencies in remote areas was both anticipated and rendered obvious by the prior art. DeLorme Publishing Co., Inc. v. BriarTek IP, Inc., 2014 U.S. Dist. LEXIS 162197 (E.D. Va. Nov. 19, 2014), found here. While Judge Brinkema's decision is very fact-dependent, she relies on several legal principles which may be helpful to EDVA practitioners.
DeLorme and BriarTek are competitors in the market for satellite-based communications systems that allow a person in a remote area without cellular coverage to send short text messages in the event of an emergency. The patent at issue claimed a simple messaging system consisting of a user unit and a monitoring system that send text messages to...
