developer triCerat has won a major patent invalidity lawsuit against Cortado
AG, its competitor in Germany.
Federal Patent Court in Munich, Germany recently ruled that all claims of
Cortado's issued patent covering subdivision and allocation of bandwidth in
connection with data transmission are invalid.
the time the original patent application was filed in early 2000, bandwidth of
data transmission lines were smaller than today and such lines could get jammed
easily when large amounts of data were transmitted at a time. Many viable
solutions were developed in the early 2000s. Cortado claimed that it had
invented a method of subdividing and allocating bandwidth over data
transmission lines, allowing for unhindered communication even when large amounts
of data are transmitted at the same time.
2010, Cortado filed a lawsuit against triCerat's German distributor in Munich,
claiming that triCerat's product infringed upon the issued patent. Supporting
its distributor channel, triCerat filed a lawsuit seeking to invalidate
Cortado's issued patent.
explained that, in early 2000, the process for subdividing and allocating
bandwidth over data transmission lines was not novel, but well-known and
obvious to skilled persons working in the field. Subdivision and allocation of
bandwidth was well-known prior to such time, making it prior art to the alleged
invention. As a result, the patent held by Cortado was invalid, according to
triCerat. The Court agreed with triCerat.
Cortado has appealed the decision, triCerat President & General Counsel
Vasilios Peros said that he is "pleased with the decision," allowing anyone to
use such common subdivision and allocation techniques, and looks forward to it
being upheld under appeal.