Federal Court of Appeals issues second ruling against iLight Technologies

Date Announced: 11 Jun 2010 Knoxville, Tenn. — Fallon Luminous Products Corp., a leading manufacturer of lighted signs, today announced that the U.S. Court of Appeals for the Federal Circuit in Washington D.C. has reaffirmed its April 20, 2010 decision in favor of Fallon’s appeal of a patent infringement suit brought by iLight Technologies. The Court denied iLight’s request that the District Court’s judgment be reinstated and ordered that “The judgment of infringement, the award of damages and the award of attorney fees and costs in favor of iLight are vacated. The permanent injunction entered against Fallon is also vacated.”Court of Appeals rejects iLight Technologies claimsThe key issue in the case was whether iLight’s patents cover only lighting devices that utilize a solid rod-like structure to transmit light, as Fallon contended, or whether those patents also covered hollow structures. The Court of Appeals stated, “We agree with Fallon that, during prosecution, the patent applicants unequivocally disclaimed hollow structure.” In rejecting iLight’s argument that the disclaimer did not apply to one of its patent claims (claim 25 of its ‘238 patent), the Court made clear that the limitation sweeps across all of the claims of all of iLight’s patents at issue.John Perrachon, Chief Executive Officer of Fallon, said “This Court of Appeals decision eliminates any remaining ambiguity and gives us all we need to clearly demonstrate in any future proceeding that we do not, and never did, infringe iLight’s patents. The iLight Technologies signs we have seen embed LED’s in a solid plastic rod-like structure that simulates the glowing glass tube in a neon sign. They are the only manufacturer that uses that design as far as I know. Our signs use a hollow structure which is why this Court of Appeals ruling is so decisive for us.”Perrachon added, “iLight Technologies threw a Hail Mary pass by asking the Court of Appeals to reconsider its decision. I suppose they felt that it was their only chance to reverse the loss handed to them by the Appellate Court on April 20, but the clarification provided by the Court’s new decision decisively settles the key legal issue in the case in our favor.” About Fallon Luminous ProductsEstablished in 1987, Fallon Luminous Products is the supplier of choice for discriminating and high profile buyers of custom point-of-sale, retail and decorative lighted signage. Fallon provides the most diversified product selection in the industry, and ensures the highest quality and value, using state-of-the-art technology and only the finest materials.

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