During the second half of 2011, Phenix had announced the commercial manufacture, sale and use of exactly these product lines publicly, even though EOS had apprised Phenix of its patent portfolio several times. As a consequence, EOS filed the patent lawsuit against Phenix on March 5, 2012.
According to the company, Phenix had notice of the existing EOS patent, and despite such notice, has continued to engage in acts of infringement.
Johann Oberhofer, CFO of EOS, comments: “Filing this patent infringement lawsuit is an essential step in protecting our patent rights in the US. We hope that this litigation will quickly resolve the situation.”