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26 August 2022PatentsSarah Speight

Canada rail track firm shunts rival’s patent

3D rail track inspection system does not infringe competitor’s patent, US jury finds | Tetra Tech’s preliminary injunction motion denied in earlier hearing.

Pavemetrics Systems, a Canadian firm which specialises in 3D vision systems for the automated inspection of transportation infrastructure, has triumphed in a patent infringement suit against competitor Tetra Tech.

In February 2021, Tetra Tech—a global consulting and engineering provider—alleged infringement of two of its patents relating to a 3D track assessment system. In its preliminary injunction motion, Tetra Tech wanted to prevent Pavemetrics from continuing to sell its Laser Rail Inspection System (LRAIL), which uses computer vision and deep learning to inspect railway tracks.

In April 2021 this motion was denied by the US District Court for the Central District of California. District Judge Mark Scarsi held that Tetra Tech had not shown it was likely to succeed on its claim and determined that Pavemetrics raised substantial questions on both non-infringement and invalidity.

Following a one-week trial in the same court, the jury delivered its verdict on August 24, finding in favour of Pavemetrics and invalidating Tetra Tech’s patent infringement claims based on ‘obviousness’.

Christy Lea, partner at Knobbe Martens who led the Pavemetrics trial team, said in a statement: “This complete victory confirms what we knew all along—that Pavemetrics does not infringe and that it was the true innovator in this industry.”

John Laurent, Pavemetrics’ chief technology officer, said: “We feel vindicated by this result and are thrilled by Knobbe’s compelling trial presentation.”

Pavemetrics’ president Richard Habel added, “We are excited by this victory, and we appreciate that our new parent company, Previan Technologies, trusted that we would defeat Tetra Tech’s meritless allegations.

“I hope the industry can move on from patent disputes and focus on delivering quality products to our customers.”

WIPR has contacted Tetra Tech and Finnegan, which represented Tetra Tech in the case, for comment.

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