Forge IP Affirms Invalidity of Water Meter Patent On Appeal

In a unanimous opinion, the Court of Appeals for the Federal Circuit has upheld the decision by the Patent Trial and Appeal Board (“PTAB”) that all claims of U.S. Patent No. 8,806,957 are invalid.

Axioma, a Lithuanian company, manufactures an innovative smart water meter called the Qalcosonic W1.  In June 2019, the patent owner, Kamstrup A/S, initiated litigation in the U.S. District Court for the District of Colorado, accusing Axioma’s product of infringing the ‘957 patent, and filed a motion to enjoin Axioma from selling this product in the United States.  On behalf of Axioma, Forge IP successfully opposed the motion for an injunction, filed a Petition for Inter Partes Review (“IPR”) before the PTAB asserting that the patent was invalid on multiple grounds, and persuaded the District Court to stay the litigation while the IPR was pending.  In April 2021, after numerous rounds of briefing, testimony and depositions of multiple experts, and an oral hearing, the PTAB issued a Final Decision declaring all claims of the ‘957 patent invalid.

Kamstrup appealed this decision to the U.S. Court of Appeals for the Federal Circuit, and the matter was subsequently briefed by both parties.  On August 12, 2022, the Federal Circuit unanimously upheld the PTAB’s decision, invalidating all claims of the challenged patent.

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