Inventio, a unit of Schindler Holding AG (SCHP), has dropped a lawsuit against ThyssenKrupp Elevator Corp. (TKA) for allegedly infringing a patent for elevators at 1 World Trade Center in New York after the patent was found invalid.
The parties agreed to dismiss the action, according to a stipulation filed yesterday in federal court in Manhattan. The agreement follows a ruling last week by an appeals court in Washington that invalidated the same patent in another case.
Inventio, based in Switzerland, said in a Nov. 6 complaint that the patent for elevator installation was issued by the U.S. Patent and Trademark Office in 1997 and reconfirmed in October.
A federal appeals court ruled Nov. 27 that the patent was invalid. The decision came in a suit by Inventio claiming infringement by United Technologies Corp. (UTX)’s Otis Elevator in elevators at 7 World Trade Center.
The decision was made by the U.S. Court of Appeals for the Federal Circuit in Washington, which specializes in patent cases.
Media representatives at Hergiswil, Switzerland-based Schindler didn’t immediately respond to messages seeking comment on the stipulation in the ThyssenKrupp case. Press representatives at ThyssenKrupp AG, based in Essen, Germany, had no immediate comment.
One World Trade Center is a skyscraper under construction in Lower Manhattan at the site of the twin towers destroyed in the September 2001 terrorist attacks. A second location named in the ThyssenKrupp suit is 11 Times Square.
Seven World Trade Center was completed in 2006 at the site of a building with the same address that was damaged when the twin towers fell.
The patent is for data transmission technology that directs someone with a recognition device like an electronic badge to the right elevator.
The case is Inventio v. ThyssenKrupp, 12-08072, U.S. District Court, Southern District of New York (Manhattan). The appeals court case is Schindler Elevator Corp. v. Otis Elevator Co., 2011-1615 and 2012-1108, U.S. Court of Appeals for the Federal Circuit (Washington).
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