GPS Industries is seeking to prevent unauthorized use of its patented on-screen advertising and position-based screen scrolling technologies
GPS Industries, Inc. (GPSI) has filed suit for patent infringement in the United States District Court for the Northern District of Illinois against ProLink Holdings Corp. ProLink Solutions, LLC, ABC National Television Sales, Inc., and LinksCorp, Inc.
The suit alleges infringement of U.S. Patent No. 5,685,786, which relates to on-screen display of centrally transmitted advertising and tournament standings information. GPSI has also asserted U.S. Patent No. 5,438,518, which relates to the Company’s position-based hole advance and screen scrolling technology.
The complaint also alleges that the ProLink companies have made false representations in the marketplace and in connection with financing activities that they own rights in the ‘518 patent, when in fact they hold no interest in the patent are not authorized to utilize the technology it covers.
David Chessler, CEO of GPS Industries, said, “Today’s filing is an important step in our strategy to establish the Company’s patent rights through the court system and to clear up the confusion ProLink has attempted to create in the marketplace.
“Our management team and key investors are committed to pursuing this legal strategy to a successful outcome. GPS Industries has invested millions of dollars in its intellectual patent portfolio. We have a responsibility to our investors and shareholders to vigorously defend these patents against any infringing parties. “
In response ProLink Holdings Corp states that it believes that the suit is baseless and without merit. ProLink intends to defend itself vigorously and will continue to pursue previously announced litigation against GPSI aggressively.
Furthermore, ProLink also believes that it does not infringe either of ‘518 or ‘768 patents with its product and service offerings, and states that it is surprised that GPSI’s management would file such an action.
On 2nd November 2007, ProLink announced that it had filed a patent infringement suit in the United States District Court for the District of Arizona against GPSI and other parties for patent infringement. ProLink believes that the parties have violated and continue to violate ProLink’s U.S. Patent No. 6,525,690, “Golf Course Yardage and Information System With Zone Detection.”
This Patent, among other claims, controls the ability to place advertising on a GPS System on a golf course. The Company also believes that the parties have violated and continue to violate U.S. Patent No. 6,236,940, “Display Monitor for Golf Cart Yardage and Information System,” and U.S. Patent No. 6,470,242 and “Display Monitor for Golf Cart Yardage and Information System,” which include claims directed to monitor location and design.
In addition to ProLink’s patent infringement allegations, ProLink’s action also asks the Federal District Court in Arizona to declare not only that ProLink does not infringe the ‘786 patent, but that the ‘786 patent is also invalid. Furthermore, ProLink also seeks injunctive relief as well as monetary damages.
“With this matter already pending in the Arizona Court, and our clear non infringement on the ‘518 and ‘786 patents, it is unfortunate that GPSI is attempting to distract our ongoing expansion with such a meritless action,” said Steven Fisher, chairman of ProLink Solutions. “We will not allow this litigation to distract us from our mandates of profitable growth and expanded market share. We have achieved a dominant market presence by providing a superior experience and product to our golfers, golf course customers, suppliers and partners. Our team is fully focused on profitable performance as the future will demonstrate.”