NeuroGrafix files patent suit against U California
NeuroGrafix, which focuses on advanced neurological visualization technologies, has filed a suit in California Superior Court-Central District citing inverse condemnation in connection with an aggressive program of patent infringement on the part of the University of California system.
The U.S. patent in question—5,560,360—is owned by the University of Washington but is under exclusive license to NeuroGrafix. The company is alleging that the patent infringement was intentionally and willfully carried out by the University of California system, and contends that profits from the use of the invention are due in part to the people of the State of Washington, but the rights have been seized without compensation to unlawfully redirect the benefits to the people of the State of California instead.
The Santa Monica, Calif.-based NeuroGrafix is seeking to challenge the immunity that allows California, along with the other U.S. states, to engage freely in patent infringement.
According to the company, the Regents of the University of California have sued various infringers of the Regents’ own patents in federal court, winning nearly a billion dollars of damages for patent infringement against the University of California over the past two decades. However, the 50 states are immune from prosecution for patent infringement. State law of inverse condemnation may provide an opportunity for relief on behalf of patent holders whose intellectual property is being infringed by a state, said NeuroGrafix.
The U.S. patent in question—5,560,360—is owned by the University of Washington but is under exclusive license to NeuroGrafix. The company is alleging that the patent infringement was intentionally and willfully carried out by the University of California system, and contends that profits from the use of the invention are due in part to the people of the State of Washington, but the rights have been seized without compensation to unlawfully redirect the benefits to the people of the State of California instead.
The Santa Monica, Calif.-based NeuroGrafix is seeking to challenge the immunity that allows California, along with the other U.S. states, to engage freely in patent infringement.
According to the company, the Regents of the University of California have sued various infringers of the Regents’ own patents in federal court, winning nearly a billion dollars of damages for patent infringement against the University of California over the past two decades. However, the 50 states are immune from prosecution for patent infringement. State law of inverse condemnation may provide an opportunity for relief on behalf of patent holders whose intellectual property is being infringed by a state, said NeuroGrafix.