Geolocation newcomer Xpoint won a brief extension to file its opposition to a GeoComply motion for a preliminary injunction.
Xpoint, which is being sued for alleged patent infringement, won a four-day extension that pushes the due date to next Friday, Feb. 1`7. The US District Court of Delaware approved the request Wednesday, noting good cause.
A preliminary injunction would stop Xpoint from using the geolocation technology while the lawsuit is ongoing.
Xpoint continues to argue merit of lawsuit
Xpoint pointed out in its request for an extension that GeoComply said in a Sept. 29 filing it needed to review Xpoint’s source code in order to prove how its patent was infringed upon:
Absent reviewing XPoint’s source code, it is not possible to articulate precisely how claim 1 of U.S. Patent No. 9,413,805 is met by XPoint’s accused geolocation service.– GEOCOMPLY FILING
Without being able to point to exactly where the patent infringement is, an Xpoint spokesperson reiterated to LSR that GeoComply is on a “fishing expedition.”
“GeoComply’s most recent filing is simply a continuation of their ongoing, meritless action against Xpoint. GeoComply’s claims against Xpoint are false – Xpoint has never infringed any of GeoComply’s intellectual property. Because GeoComply’s allegations lack any basis in fact, it is clear that the lawsuit is nothing more than a thinly veiled attempt by GeoComply to maintain its monopoly on the gaming geolocation marketplace in the face of an innovative competitor with superior technology.
“We believe GeoComply is engaged in a meritless fishing expedition to learn more about Xpoint’s technology. We look forward to prevailing in this action.”
GeoComply confident in case
A key part of the argument stems from a third-party report that suggested Xpoint’s code mimicked GeoComply’s. The report was entered as evidence but it has since been sealed.
A GeoComply spokesperson maintains the view that Xpoint is not new competition, but instead is committing a “theft.”
“On Friday, January 27, GeoComply filed a preliminary injunction motion to immediately stop Xpoint from continuing to sell what we believe is our stolen intellectual property, during the pendency of this lawsuit. As we have shared repeatedly, GeoComply welcomes healthy competition and new ideas; intellectual property theft is neither. We don’t have any further comment at this time.”