DMF Prevails in Patent Office Trial on ELCO's Validity Challenge of DMF's Patent on the Award-Winning DRD2 LED Module

Nov. 23, 2020
DMF says decision continues a string of victories in litigation against ELCO in the US Patent Office and district court that it claims started from ELCO's improper copying of patented DRD2 products.

CARSON, Calif. — Nov. 23, 2020 — DMF Lighting, the leader in modular downlighting innovation, announced today that the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Patent Office) entered judgment in favor of DMF in an inter partes proceeding trial instituted at the request of AMP Plus Inc., d/b/a ELCO Lighting (ELCO) to challenge the validity of DMF's U.S. Patent No. 9,964,266 ("the '266 Patent"). This continues a string of victories by DMF in its litigation against ELCO in the Patent Office and district court that started from ELCO's improper copying of DMF's patented DRD2 products.

In August 2018, DMF filed a patent infringement suit against ELCO in the U.S. District Court for the Central District of California in Los Angeles based on ELCO ELL LED products that ELCO copied from DMF's award-winning DRD2 LED products. In March 2019, the District Court granted DMF's request for a preliminary injunction against ELCO and all those acting in concert with ELCO that were selling the accused infringing ELCO ELL products. On March 19, 2020, the District Court also granted summary judgment in DMF's favor, finding that ELCO infringed '266 Patent claims, dismissing ELCO's unenforceability defenses and dismissing most of ELCO's validity challenges. A trial will be held to determine if ELCO also infringes other additional patent claims and to consider ELCO's remaining validity challenges that are based on two primary pieces of prior art. That trial has not been scheduled yet due to the COVID-19 pandemic.

In parallel to the District Court case, ELCO also has tried to invalidate the '266 Patent claims in the Patent Office based on the same two pieces of prior art at issue in the District Court. On March 17, 2020, the Patent Office ruled in DMF's favor that ELCO's validity challenge, based on one piece of prior art, did "not demonstrate a reasonable likelihood that [ELCO] will prevail" as to any patent claims. The Patent Office did grant a trial on the other piece of prior art. On November 19, 2020, the Patent Office issued a judgment in DMF's favor, ruling that ELCO failed to invalidate any of the 22 challenged patent claims except for one claim.

"We are pleased with the Patent Office decision today, which recognizes the innovative technology of the DRD2," said, Michael Danesh, DMF COO. "DMF invests heavily in research and development to create innovative solutions in lighting."

About DMF Lighting

DMF brings a creative approach to lighting and offers industry-leading technology that sets the bar for performance, quality, and flexibility. At our in-house Research and Development lab, our engineers and designers are constantly pushing boundaries and refining product to ensure that our products consistently exceed expectations. Every DMF product delivers outstanding performance, reliability and aesthetics. DMF LED lights produce accurate color rendering, smooth dimming, and have low power consumption.

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Ruslan Polinovsky, director of marketing - DMF Lighting


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