Cognex – MVTec update

For those interested in this case, I have an update.

(Background: Cognex have alleged that the Halcon package, sold by German machine vision software company MVTec, infringes several of their patents. The case is currently before the court in Massachusetts but since patent cases move at glacial speed Cognex have also taken the matter to the US International Trade Commission. The ITC has blocked the importation of Halcon while it investigates with a view to making a determination regarding patent infringement. As a side note, the block includes products that incorporate Halcon, which obviously increases the pressure on MVTec.)

So where have things got to? Well according to a posting on the itcblog, the case is apparently in the “discovery” phase where all relevant documents have to be produced.

Naturally enough, MVTec are arguing for the production of documents that demonstrate the existence of prior art, claiming that such are available from “a company called Acumen” and also that Cognex has documents relating to “a former Cognex product known as ‘CNLPAS’ or ‘CONLPAS’”.

Cognex has responded that it will produce the “Acumen” documents but not those relating to CONLPAS on the grounds that the request “is burdensome and untimely.”Unfortunately for MVTec, the ITC ruled against them, meaning that Cognex don’t have to produce the documents.

I’m no legal scholar and I don’t want to take sides, but I do find it a little strange that Cognex won’t produce these documents. I’m not familiar with ‘CONLPAS’ either, but I’d like to know what possible bearing it has on the case.

If any of you dear readers can shed any light on this, please drop me an email.

By the way, the details of the ITC ruling came from “Order No. 54” (which is a pdf.)