SAN FRANCISCO , May 24, 2012 /PRNewswire/ -- BASIS Science, Inc. ( ) today countered claims of patent infringement by BodyMedia andasserted its belief that BodyMedia's patents are invalid. In anAnswer and Counterclaims filed today in the U.S. District Court forthe District of Delaware , Basis denies infringement and validity of all six patentsreferenced in a BodyMedia complaint filed in that court on February 2, 2012 . "We believe these allegations are baseless," said Jef Holove , CEO, Basis. |
"We haven't launched the Basis band yet so BodyMediahas no firsthand knowledge on which to base their claims. Thisappears to be a reaction to our market potential and an attempt tohinder our launch." "Smart, connected health tools are only now starting to reachbeyond fitness and data enthusiasts. Undermining and suffocatingbetter ideas simply works against the greater good of improving thelives of millions," said Holove As stated in today's counterclaims Basis believes that BodyMedia'spatent claims are invalid, given the extensive prior products,patents and publications, that were not considered by the patentoffice. Below is an excerpt from the Basis Answer and Counterclaimsproviding context to Basis' response. The complete filing is onrecord with the U.S.
District Court for the District of Delaware or available by request from Basis. Excerpt 135.- ???????????Basis is in the final stages of designing anddeveloping the Basis B1 Band, and Basis has yet to launch orrelease any completed product for sale to the public. 136.????????????????On information and belief, BodyMedia personnelwitnessed a demonstration of a prototype of the Basis B1 Band atthe Consumer Electronics Show in Las Vegas, Nevada in mid-January 2012 and observed the positive reaction to and interest in theinnovative Basis concept and design. 137.????????????????BodyMedia filed this lawsuit roughly threeweeks after attending the Consumer Electronics Show with fullknowledge that the Basis B1 Band was still in the development andhad not yet been launched or released for sale to the public.???? 138.????????????????BodyMedia waited over three months to serve itscomplaint on Basis.?? 139.????????????????On information and belief, the purpose ofBodyMedia's suit was so it could issue a press release about thelawsuit???"BodyMedia Files Patent Infringement Suit Against BasisScience"???on the same day it was filed, February 2, 2012 , in an attempt to counter the significant buzz surrounding Basisand its prototype design. 140.????????????????BodyMedia's patent infringement claims arebased on erroneous assumptions about the Basis B1 Band and itsinter-workings.
141.????????????????Furthermore, in its February 2012 press release, BodyMedia touts its decade long development andpatent portfolio, but fails to mention the plethora of pre-existingproducts, patents and publications that the inventors did notdisclose and were not before the U.S.P.T.O. during the examinationof those patents. About Basis: BASIS Science, Inc. believes it is easier to get and stay healthywhen wellness is??fun, social and informative.
To put this withineveryone's reach, the company invented the Basis Band ??? theworld's first connected health tracker wearable??on the wrist.??Convenient and??customizable, the multi-sensor Basis B1band??collects data like heart rate,??calories burned,??physicalactivity and sleep patterns.??It links to your??personal dashboardwhere you can easily view performance,??share data, earn rewards,and engage with the??Basis community.??Basis??Science, Inc. isbacked by??Norwest Venture Partners and Doll Capital Management.For more??information visit:?? . BASIS is a trademark of Basis Science, Inc. in the United States and other countries. SOURCE BASIS Science, Inc.
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