Patent infringement hearing goes AST's way

Advanced Sensor Technology recently took another positive step forward in its patent infringement case against Toro. AST filed the patent infringement lawsuit against The Toro Co. in February 2008. The case was filed in United States District Court for the Eastern District of Pennsylvania for Toro's alleged infringement of a U.S. patent covering AST's wireless remote soil-monitoring system (now called UgMO).

This time, the victory emerged from the Markman hearing – a pre-trial hearing during which a judge examines evidence from all parties on the appropriate meanings of key words in a patent claim. Markman hearings are very often crucial to patent infringement cases since the jury ultimately uses the Court's interpretation of the claims in determining infringement.

In AST's case against Toro, the court considered and ruled on 17 claim terms in 12 claims. The court ruled in favor of AST across the board. The court issued official interpretations of seven claim terms that were in line with AST's interpretations and determined the remaining items required no interpretation at all, which was also good news for AST.

“Both sides were debating a long list of elements within the 12 claims, so we are very encouraged by the court's favorable ruling,” says Walt Norley, founder and CEO of AST. “It's a significant development in our case against Toro.”

For more information on AST's revolutionary soil monitoring system, visit www.UgMO.com.