CRS Advanced Technology

Frontline Issues Covenant Not to Sue, Drops '519 Patent from Lawsuit with CRS

Frontline Technologies, Inc., provider of the Aesop® system, has signed a covenant promising not to sue CRS, Inc. for any claim of infringement under Frontline’s U.S. Patent No. 7,430,519 (the ‘519 patent) based on CRS’s manufacture, use, or sale of its current and past SubFinder® products.

The issuance of this covenant against suit comes after ex parte reexamination of the ‘519 patent was ordered by the United States Patent and Trademark Office (“USPTO”) on July 8, 2011. The USPTO has since preliminarily rejected certain claims in the ‘519 patent as being unpatentable.

On June 18, 2007, Frontline filed an action against CRS for patent infringement in the United States District Court for the Eastern District of Pennsylvania, Civil Action No. 2:07-cv-02457. Frontline’s decision to sign the covenant and to drop the ‘519 patent from its infringement complaint substantiates CRS’s position that its SubFinder products never infringed on the ‘519 patent. Frontline’s covenant also protects any future CRS software upgrades that do not “colorably change the fundamental operation” of the SubFinder system from an infringement suit, and includes protection against any new Frontline patent claims that may issue during reexamination. “We are very pleased with this latest development in the ongoing case with Frontline. The covenant provides vindication to our position that we do not infringe, which we have maintained since the lawsuit started nearly five years ago,” affirms Pete Lupacchino, Vice President and General Manager of CRS.

The covenant further states that Frontline promises not to sue any CRS customers (mediate or immediate), licensees, resellers, distributors, or other authorized users or sellers for direct, induced, or contributory infringement under any claim of the ‘519 patent based on their actions involving current or past SubFinder products.

CRS is not the only party currently in litigation with Frontline. West Educational Leasing, Inc. d/b/a PCMI West (PCMI), provider of the Willsub absence tracking and automated calling system, is also embroiled in a lawsuit with Frontline. It was through PCMI’s efforts that the reexamination request of the ‘519 patent, Control No. 90/011,656, was granted by the USPTO. The case of Frontline Technologies, Inc. vs West Educational Leasing, Inc., Case No. 2:10-cv-10804 in the United States District Court Eastern District of Michigan Southern Division has been stayed pending the outcome of the patent reexamination.

CRS Advanced Technology (CRS, Inc.) is the trusted provider of automated absence management and substitute placement solutions. Best known for its SubFinder products, CRS has served the education and library markets for nearly 25 years, with 1.5 million users throughout the United States and Canada.

The Covenant: www.crsadvancedtechnology.com/Frontline_Covenant/
Patent Re-Examination Order: www.crsadvancedtechnology.com/Reexamination_Order/