U.S. District Court to Decide Miller Mendel Patent Invalidity as US Patent and Trademark Office Foregoes Review
STOCKTON, Calif., Aug. 11, 2020 (GLOBE NEWSWIRE) -- Guardian Alliance Technologies (GAT), today announced that the US District Court in the Western District of Oklahoma will decide whether patents held by Miller Mendel, Inc. (MMI), are valid or not. The announcement comes in the wake of a July 27, 2020 announcement by the US Patent and Trademark Office (USPTO) that it will forego a review of the MMI patent.
In October of 2018, MMI sued the City of Oklahoma City (“OKC”) in Oklahoma Federal Court, after the OKC Police Department chose the Guardian Background Investigation Platform over MMI’s eSOPH system in an open bidding process. MMI alleges that the Guardian software infringes on MMI’s patent, but MMI did not sue Guardian, electing instead to sue OKC, a Guardian customer. Guardian is providing OKC with legal defense and has gathered overwhelming evidence that patents held by Miller Mendel are invalid and unenforceable. Guardian had asked the USPTO to review the evidence on hand, but it declined to commence a review and, thus, the matter will be decided in federal court.
Evidence submitted to the federal court includes:
| 1.) | The Patent Contains No Patentable Subject Matter. The basic functions of the MMI software are not patentable under current US patent law. |
| 2.) | Other Systems Existed Prior To The MMI Patent Filing (“prior art”). Guardian and OKC have gathered overwhelming evidence that other software systems that performed identically to MMI’s eSOPH system were available years before Miller Mendel filed for its patent. The prior existence of these systems render Miller Mendel’s patent invalid and unenforceable. |
| 3.) | Failure to Disclose Constitutes Fraud on The Patent Office. Unfortunately, despite clearly being aware of these systems and despite their legal obligation to disclose their existence to the Patent Office, Miller Mendel did not tell the US Patent Office about them and the Patent Office erroneously granted their patent. A violation of duty of candor as mandated by 37 C.F.R. 1.56 with respect to any claim in an application or patent, renders all the claims thereof unpatentable or invalid and may constitute fraud. US Patent Office - Violation of Duty to Disclose |
| Indisputable evidence [click to view evidence], gathered through a public records request, clearly shows that Tyler Miller had detailed information about at least one of the pre-existing systems, but failed to disclose this information to the patent office. |
For more information about Guardian, visit: guardianalliancetechnologies.com
About Guardian Alliance Technologies
Guardian Alliance Technologies is the leading software company providing recruiting and CJIS-compliant background investigation solutions that uncover potentially problematic applicants and dramatically reduces the time it takes to screen and investigate candidates—helping to ensure that agencies have the best quality officers serving. Its mission is to provide innovative screening and background solutions to help law enforcement strengthen the integrity of the profession while building public trust through the utilization of technology to vet and hire law enforcement professionals. Guardian’s flagship product is accessed via a CJIS-compliant application with no IT involvement or development required by the agency. Built by law enforcement, the Company has an impressive advisory board of highly decorated law enforcement professionals with more than 200 years of combined experience, and its platform has been vetted by public safety professionals. The Company strategically partners with top organizations committed to the improvement and advancement of law enforcement and is a proud sponsor of the FBI National Academy Associates, Inc. (FBINAA) Strategic Alliance Program. For more information, visit guardianalliancetechnologies.com
Ryan Layne ryan@guardianalliancetechnologies.com
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