Trovan, Ltd. Prevails in Destron Challenge to its Zipquill Technology
2000/02/14 Filed in: Intellectual Property News
FOR IMMEDIATE RELEASE
February 14, 2000
Santa Barbara, CA -- Trovan, Ltd., Electronic Identification Devices, Ltd. and InfoPet Identification Systems prevailed against the appeal by Destron Fearing [NASDAQ: DFCO] of Destron/IDI Inc. v. InfoPet Identification et al., Case No. 99-1373, to the US Court of Appeals for the Federal Circuit, which sought to hold Trovan, EID and InfoPet in contempt for marketing the TROVAN ZIPQUILL implantation technology.
"We are pleased that the courts vindicated our position that the TROVAN ZIPQUILL device is sufficiently different from Destron's U.S. patent no. 5,211,129, that any claim of infringement must be decided in a separate lawsuit," said Joseph Masin, president of Electronic Identification Devices, Ltd. "Destron's attempt to withhold the benefits of a superior animal identification technology from the U.S. market has been thwarted."
U.S. patent no. 5,211,129 held by Destron describes a glass encapsulated transponder that is implanted into animals by means of a syringe.
The TROVAN ZIPQUILL consists of a tiny tubular container which tapers to a sharp point. Inside is space for a small dose of antibiotic paste and/or for an identification transponder. The TROVAN device can be inserted very easily simply by pressing it, sharp point first, into skin with the thumb. No tools are necessary.
"The TROVAN device does not make an incision, or cut, in the skin as a syringe would. Rather it pierces the skin, allowing for rapid closure of the opening after penetration, thereby minimising tissue damage and trauma," said Joseph Masin.
"The TROVAN device is a biologically neutral starch capsule that is water soluble. It dissolves completely and is absorbed by the body within three hours of insertion. The TROVAN ZIPQUILL provides for unprecedented speed of application and eliminates medical waste. There is no transmission of infectious diseases, as can occur in reusable syringes, and no extensive personnel training is required." The TROVAN ZIPQUILL is protected by U.S. patent no. 5,549,560.
The US District Court for the District of Colorado, Judge Zita L. Weinshenk presiding, determined that the question of whether the TROVAN ZIPQUILL infringes Patent No. 5,211,129 is not appropriate in a contempt proceeding. When Destron appealed the court's ruling, the appellate court affirmed the ruling of the Denver court. The Judgment of the appellate court issued on February 10, 2000, one day after oral argument of the appeal.
TROVAN® products are used worldwide by governments, universities, and research facilities for animal identification applications, among others, ranging from the identification of salmon breeding stock to pet-recovery systems to livestock tracking.
Trovan, Ltd. is a British Corporation: Electronic Identification Devices, Ltd. is a California corporation based in Santa Barbara and is the North American distributor and a licensee of TROVAN® products, as is InfoPet Identification Systems, a Minnesota-based corporation.
Contact: Barbara Masin
Dial: 805-565-1288
e-mail: bmasin@eidltd.com
February 14, 2000
Santa Barbara, CA -- Trovan, Ltd., Electronic Identification Devices, Ltd. and InfoPet Identification Systems prevailed against the appeal by Destron Fearing [NASDAQ: DFCO] of Destron/IDI Inc. v. InfoPet Identification et al., Case No. 99-1373, to the US Court of Appeals for the Federal Circuit, which sought to hold Trovan, EID and InfoPet in contempt for marketing the TROVAN ZIPQUILL implantation technology.
"We are pleased that the courts vindicated our position that the TROVAN ZIPQUILL device is sufficiently different from Destron's U.S. patent no. 5,211,129, that any claim of infringement must be decided in a separate lawsuit," said Joseph Masin, president of Electronic Identification Devices, Ltd. "Destron's attempt to withhold the benefits of a superior animal identification technology from the U.S. market has been thwarted."
U.S. patent no. 5,211,129 held by Destron describes a glass encapsulated transponder that is implanted into animals by means of a syringe.
The TROVAN ZIPQUILL consists of a tiny tubular container which tapers to a sharp point. Inside is space for a small dose of antibiotic paste and/or for an identification transponder. The TROVAN device can be inserted very easily simply by pressing it, sharp point first, into skin with the thumb. No tools are necessary.
"The TROVAN device does not make an incision, or cut, in the skin as a syringe would. Rather it pierces the skin, allowing for rapid closure of the opening after penetration, thereby minimising tissue damage and trauma," said Joseph Masin.
"The TROVAN device is a biologically neutral starch capsule that is water soluble. It dissolves completely and is absorbed by the body within three hours of insertion. The TROVAN ZIPQUILL provides for unprecedented speed of application and eliminates medical waste. There is no transmission of infectious diseases, as can occur in reusable syringes, and no extensive personnel training is required." The TROVAN ZIPQUILL is protected by U.S. patent no. 5,549,560.
The US District Court for the District of Colorado, Judge Zita L. Weinshenk presiding, determined that the question of whether the TROVAN ZIPQUILL infringes Patent No. 5,211,129 is not appropriate in a contempt proceeding. When Destron appealed the court's ruling, the appellate court affirmed the ruling of the Denver court. The Judgment of the appellate court issued on February 10, 2000, one day after oral argument of the appeal.
TROVAN® products are used worldwide by governments, universities, and research facilities for animal identification applications, among others, ranging from the identification of salmon breeding stock to pet-recovery systems to livestock tracking.
Trovan, Ltd. is a British Corporation: Electronic Identification Devices, Ltd. is a California corporation based in Santa Barbara and is the North American distributor and a licensee of TROVAN® products, as is InfoPet Identification Systems, a Minnesota-based corporation.
Contact: Barbara Masin
Dial: 805-565-1288
e-mail: bmasin@eidltd.com