2012 February : US PTO Litigation Alert™

Retailers Escalate Fight with Round Rock Research on RFID Patents

| February 2, 2012

This past December Round Rock Research launched a barrage of complaints against a who’s-who of American retailers — American Apparel, Dole Food, Fruit of the Loom, Hanesbrands, J.C. Penney, Macy’s, PepsiCo., The Gap and VF Corporation – accusing them of using ultra high frequency RFID tags and readers that infringe five patents: U.S. Patent Nos. 5,500,650, 5,627,544, 5,974,078, 6,459,726 and Re 41,531. 

On Tuesday, reexamination requests were filed anonymously against the ‘650, ‘544, ‘726 and ‘531 patents, undoubtedly by one or more of the accused retailers.  A request had already been filed and granted against the ‘078 patent. 

The case will be interesting to follow if only for ubiquity of the accused tags and readers – J.C. Penney alone is believed to use them in 1,100 stores.

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