U.S. Patent, Trademark Office Issues Final Decision In LELO, We-Vibe Case

SAN JOSE, Calif.—The U.S. Patent and Trademark Office (USPTO) issued a Final Decision in the legal dispute between LELO and Standard Innovation, makers of the We-Vibe family of products. The USPTO rejected We-Vibe’s challenge against LELO’s U.S. Patent 7,749,178, which covers inductive charging of personal massagers. The decision directly relates to the sale of the We- Vibe 2, We-Vibe 3, We-Vibe 4 and We-Vibe 4 Plus products. LELO officials are now considering seeking monetary compensation from Stand Innovation Corporation as well as all distributors and retailers who continue to sell infringing items from the We-Vibe range.  After being accused of infringement of LELO’s U.S. Patent No. 7,749,178 through the importation and sale of inductively charged We-Vibe products in the United States, Standard Innovation filed an Inter Partes Review request in the USPTO challenging the validity of LELO’s patent.  On April 23, the USPTO issued its Final Decision on the IPR, rejecting SIC’s challenge to the validity of LELO’s patent. Now the case will proceed in the District Court of California to decide the infringement issue and the assessment of damages, with Standard Innovation being barred from asserting invalidity of LELO’s patent on any ground Standard Innovation raised or could have raised during the IPR. This IPR decision is a Final Written Decision of the panel of three administrative judges before the patent trial and appeal board of the USPTO.  With the Final Decision from the USPTO resolving the validity issue raised by Standard Innovation, now Standard Innovation and all involved infringers may be held liable for past, present and future damages for the sale of all inductively charged We-Vibe products that are found to infringe U.S. Patent No. 7,749,178 covering inductively charged personal massagers.  Distributors and retailers worldwide seeking more extensive advice on how to proceed at this time are advised to contact legalteam@lelo.com.