Photoscribe Wins Second Lazare Kaplan Patent Suit

PhotoScribe Technologies announced that it has overcome for a second time a patent infringement lawsuit brought against it and the Gemological Institute of America (GIA) by diamond firm Lazare Kaplan International.

 
On May 2, the U.S. District Court of Southern New York issued a ruling that Lazare Kaplan was guilty of “inequitable conduct” before the U.S. Patent & Trademark Office in obtaining the two patents-in-suit. 

In a release, PhotoScribe said the court “found that Lazare Kaplan withheld material prior art with deceptive intent during prosecution of both patents-in-suit. The Court’s ruling is particularly significant because its effect is to render both asserted Lazare Kaplan patents unenforceable; moreover, this ruling may impact the enforceability of other patents in the Lazare Kaplan patent portfolio.”

U.S. Patent Nos. 6,476,351 and 7,010,938 are assigned to Lazare Kaplan and relate to diamond laser inscription equipment and inscribed diamonds, respectively. 

In March, PhotoScribe won a non-infringement and invalidity of the two patents-in-suit when a jury rendered a unanimous verdict finding that PhotoScribe and GIA do not infringe any of the 10 patent claims asserted by Lazare Kaplan. 

The Court’s decision as to whether Lazare Kaplan will pay PhotoScribe’s attorneys’ fees is still pending.

PhotoScribe’s President and CEO David Benderly said he was extremely pleased with the ruling, adding that it completely vindicates PhotoScribe. “Not only does PhotoScribe not infringe, but Lazare Kaplan can no longer assert its unenforceable patents.”

Lazare Kaplan was not immediately available to comment.