Fish & Richardson Secures Victory for Genetec, Inc., in Exceptional Patent Infringement Suit

Fish & Richardson client Genetec, Inc., a leading technology provider of unified security, public safety, operations, and business intelligence solutions, has prevailed in a patent infringement case brought by Sensormatic. Genetec was cleared of patent infringement and won an award of attorneys’ fees.  

In June 2020, Sensormatic Electronics, LLC, a subsidiary of Johnson Controls International, filed suit against Genetec in U.S. District Court in Delaware alleging infringement of two patents, U.S. Patent No. 7,307,652 entitled “Method and Apparatus for Object Tracking and Detection" ("the '652 patent"), and U.S. Patent No. 9,463,954 entitled “Access Control System for Override Elevator Control, and Method Therefor" ("the '954 patent"). 

On January 3, 2023, the Court invalidated the '652 patent following Genetec's motion for summary judgment. On February 15, 2023, Sensormatic unilaterally dismissed the remaining infringement claims regarding the '954 patent with prejudice, leading the judge to issue a final judgment exculpating Genetec. 

Following the final judgment in its favor, Fish moved for reimbursement of attorneys’ fees for Genetec, which required the judge to find the case “exceptional” under U.S. patent laws. On March 27, 2024, the court found the case exceptional and found Genetec entitled to a substantial portion of its attorneys’ fees. The parties agreed on the amount to be paid to Genetec, ending the litigation and terminating appeals.  

President of Genetec Pierre Racz said, “We have stated in the past that Genetec considers this a simple case of friendly fire, and this remains true. That said, we take patent infringement accusations very seriously, even when they come from a subsidiary of a partner. Genetec has a forward-facing approach to development. We do not copy our peers but look to the future to create technology that doesn’t exist yet. The successful conclusion of this litigation is a vindication of our innovative approach to product development.” 

Genetec’s Director of Intellectual Property Jean-Yves Pikulik said, “Lawsuits like these can be seen as an accusation of plagiarism so it is important that we set the record straight. Genetec has a policy of vigorously defending itself against any patent case we consider unjustified and seeking attorney fees awards in all such cases. This outcome demonstrates to potential patent aggressors how seriously we take these accusations of infringement.” 

The case team was led by Fish Principals David B. Conrad, Douglas E. McCann, Frank E. Scherkenbach, Jeremy D. Anderson, Martina Tyreus Hufnal, Michael R. Ellis, Neil J. McNabnay, Ricardo Bonilla, and Sarika N. Patel.