The University of New Mexico’s (UNM) Science and Technology Corp. (STC) has filed a complaint in U.S. District Court for the District of New Mexico against Albuquerque-based Environmental Robots Inc. (ERI) charging patent infringement. STC claims that ERI – which manufactures and sells robotics technology worldwide – has infringed on U.S. Patent No. 6,109,852, entitled “Soft Actuators and Artificial Muscles,” which was invented by former UNM researchers Mohsen Shahinpoor, PhD, and Mehran Mojarrad and assigned to the university. ERI failed to make royalty payments, breaching a nonexclusive licensing agreement, according to STC. In addition, ERI has conducted false marketing, STC maintains, because it marks its products with the technology patent number but denies to STC that the patent covers its products.
“ERI cannot have it both ways,” according to STC’s complaint. “If its products are covered by the ‘852 patent, royalties are owed to STC. Alternatively, if its products are not covered by the ‘852 patent, its products are unpatented articles with respect to the ‘852 patent, making its claim that its products are protected by the ‘852 patent intentionally false statements.” STC is a nonprofit corporation formed and owned by the University of New Mexico Regents to support UNM and its partners in IP protection, TT, and commercialization of inventions by faculty, students, and other entrepreneurs. ERI officials did not comment publicly on STC’s complaint.
Source: New Mexico Business Weekly