SANTA BARBARA, Calif.—Superconductor Technologies Inc. has sued ISCO International Inc. following ISCO’s complaint against STI for infringement of its patent for “Cryoelecronically Cooled Receiver Front End for Mobile Communications System.”
STI originally denied ISCO’s allegations and asked the court to declare ISCO’s patent invalid and not infringed, but is now filing to amend its answer and counterclaim to add allegations that ISCO failed to disclose information to the Patent Office during its patent application process. In addition, STI is suing for violation of federal and state law for threatening STI customers with infringement claims after learning of the alleged patent application process mistakes.
Adding to the real-life courtroom drama, Conductus Inc. accused ISCO of inequitable conduct and unfair competition in a motion to amend its own answer and counterclaim to ISCO’s complaint against it for infringement of the same patent. Conductus wants to add a defense of inequitable conduct and a counterclaim for a declaration of unenforceability of the patent due to inequitable conduct. The company has also filed to add federal and state law counterclaims of unfair competition. Conductus’ claims are also based on evidence that ISCO failed to disclose relevant art during its patent application process.
Both STI and Conductus are seeking compensatory and punitive damages and attorney’s fees.
