Legal Update

OF TUNERS, LAWYERS AND BUSINESS PRACTICES

1. FOCUS MICROWAVES AND MAURY MICROWAVE HAVE BEEN IN LITIGATION IN THE DISTRICT COURT OF LOS ANGELES SINCE MAY 2010, REGARDING INFRINGEMENT OF FOCUS PATENT 6,674,293 ON A TWO CARRIAGE TUNER, FILED IN JUNE 2000, AND OTHER PATENT RELATED QUESTIONS.

IN OCTOBER 2012 THE JUDGE, MRS MORROW, RULED THAT MAURY’S PLANNED TWO CARRIAGE TUNER (MODEL MT982M) WOULD NOT INFRINGE FOCUS’ 6,674,293 PATENT, ESSENTIALLY BECAUSE MAURY’S TUNERS USE AN OPTICAL SWITCH TO PREVENT THE TUNER CONTROLLER FROM DRIVING THE PROBE TO TOUCH THE CENTER CONDUCTOR OF THE SLABLINE.

FOCUS CONSIDERS THE RULING UNFOUNDED IN FACT AND FILED AN APPEAL IN NOVEMBER 2012.

THE APPEAL IS PENDING.

2. IN SEPTEMBER 2012 MAURY LAUNCHED WITH THE US PATENT OFFICE A RE-EXAMINATION OF FOCUS’ 7,135,941 PATENT, FILED IN MAY 2004, ON THREE CARRIAGE TUNERS, TRYING TO INVALIDATE THE PATENT.

THE CASE IS PENDING.

3. IN FEBRUARY 2011 FOCUS SUED MAURY AND A NUMBER OF ITS EMPLOYEES IN THE SUPERIOR COURT OF MONTREAL, FOR ALLEGEDLY ENGAGING IN INAPPROPRIATE BUSINESS PRACTICES BY, INTER ALIA,

  • THE DISCLOSURE AND MISUSE OF CONFIDENTIAL INFORMATION;
  • THE DENIGRATION OF FOCUS’ PRODUCTS;
  • THE HIJACKING OF FOCUS' WEBSITE;

FOCUS IS SUING MAURY FOR DAMAGES IN EXCESS OF SEVEN (7) FIGURES.

THE CASE IS PENDING.

REMARKS:

A)    THE ABOVE PATENTS IN QUESTION ARE 13 RESPECTIVELY 9 YEARS OLD. THEREFORE, IN A BEST SCENARIO FOR MAURY, THEY WILL BE AT LEAST 10 YEARS BEHIND.

B)    DURING THE LAST 3 YEARS FOCUS HAS DEVELOPED A NEW “MINIMUM FOOTPRINT” HARMONIC TUNER TECHNOLOGY, TO BE LAUNCHED IN 2013, FOR REPLACING THE ACTUAL ONE WHICH IS, MEANWHILE, MORE THAN 10 YEARS OLD.

C)   A SENIOR HARMONIC TUNER DEVELOPER FROM FOCUS, WHO SWITCHED TO MAURY IN 2008, HAS JUST LEFT MAURY.

WE LOOK CONFIDENTLY INTO THE FUTURE, BECAUSE WE DO KNOW THAT, HOWEVER THE LEGAL PROCEEDINGS ABOUT TUNERS TURN OUT, IT IS THE FINAL USERS (YOU) WHO WILL DECIDE WHO OFFERS THE BETTER SOLUTION, INCLUDING INNOVATION, HARDWARE, SOFTWARE AND SUPPORT.

FOCUS MICROWAVES