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5 January 2017Patents

US inventor sues Nissan for patent infringement

A US-based inventor has sued car manufacturer Nissan for patent infringement.

Joseph Fleming filed his lawsuit against Nissan at the US District Court for the District of Columbia on December 23.

In his suit, Fleming argued that Nissan infringed claims 1, 8, 9, 10, 13, 14, 16 and 17 of US patent number 5,877,677.

The ‘677 patent is titled “Control of air bag activation in vehicles by occupancy weight” and was published at the US Patent and Trademark Office in November 1996.

According to the suit, the ‘677 patent is “directed to an automotive air bag system and method which restricts activation of an air bag to situations in which the weight of the seat occupant meets or exceeds a specified amount”.

Fleming added that safety experts think it is necessary to limit air bag activation for the front passenger in order to prevent injury to children and to stop unnecessary deployment when the seat isn’t occupied by an adult.

The suit said that US Department of Transportation regulations require that such a system be installed in all vehicles.

Nissan has appropriated plaintiff’s technology for itself and is using the technology in its vehicles, according to the suit.

The car company has “realised the advantages” provided by Fleming’s technology with regard to “reliability and low cost, and has illegally adopted the technology as their own”.

Fleming is asking for compensatory damages of $1 million, profits, pre- and post- judgment interest, and a jury trial.

A spokesperson for Nissan told WIPR that it is the company's policy to not comment on pending litigation.

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