Basis Counters BodyMedia's Allegations and Asserts BodyMedia's Patents Are Invalid
Basis Files Answer and Counterclaims to BodyMedia Complaint
SAN FRANCISCO, May 24, 2012 /PRNewswire/ -- BASIS Science, Inc. (www.mybasis.com) today countered claims of patent infringement by BodyMedia and asserted its belief that BodyMedia's patents are invalid. In an Answer and Counterclaims filed today in the U.S. District Court for the District of Delaware, Basis denies infringement and validity of all six patents referenced in a BodyMedia complaint filed in that court on February 2, 2012.
"We believe these allegations are baseless," said Jef Holove, CEO, Basis. "We haven't launched the Basis band yet so BodyMedia has no firsthand knowledge on which to base their claims. This appears to be a reaction to our market potential and an attempt to hinder our launch."
"Smart, connected health tools are only now starting to reach beyond fitness and data enthusiasts. Undermining and suffocating better ideas simply works against the greater good of improving the lives of millions," said Holove
As stated in today's counterclaims Basis believes that BodyMedia's patent claims are invalid, given the extensive prior products, patents and publications, that were not considered by the patent office. Below is an excerpt from the Basis Answer and Counterclaims providing context to Basis' response. The complete filing is on record with the U.S. District Court for the District of Delaware or available by request from Basis.
135. Basis is in the final stages of designing and developing the Basis B1 Band, and Basis has yet to launch or release any completed product for sale to the public.
136. On information and belief, BodyMedia personnel witnessed a demonstration of a prototype of the Basis B1 Band at the Consumer Electronics Show in Las Vegas, Nevada in mid-January 2012 and observed the positive reaction to and interest in the innovative Basis concept and design.
137. BodyMedia filed this lawsuit roughly three weeks after attending the Consumer Electronics Show with full knowledge that the Basis B1 Band was still in the development and had not yet been launched or released for sale to the public.
138. BodyMedia waited over three months to serve its complaint on Basis.
139. On information and belief, the purpose of BodyMedia's suit was so it could issue a press release about the lawsuit—"BodyMedia Files Patent Infringement Suit Against Basis Science"—on the same day it was filed, February 2, 2012, in an attempt to counter the significant buzz surrounding Basis and its prototype design.
140. BodyMedia's patent infringement claims are based on erroneous assumptions about the Basis B1 Band and its inter-workings.
141. Furthermore, in its February 2012 press release, BodyMedia touts its decade long development and patent portfolio, but fails to mention the plethora of pre-existing products, patents and publications that the inventors did not disclose and were not before the U.S.P.T.O. during the examination of those patents.
BASIS Science, Inc. believes it is easier to get and stay healthy when wellness is fun, social and informative. To put this within everyone's reach, the company invented the Basis Band – the world's first connected health tracker wearable on the wrist. Convenient and customizable, the multi-sensor Basis B1 band collects data like heart rate, calories burned, physical activity and sleep patterns. It links to your personal dashboard where you can easily view performance, share data, earn rewards, and engage with the Basis community. Basis Science, Inc. is backed by Norwest Venture Partners and Doll Capital Management. For more information visit: www.mybasis.com.
BASIS is a trademark of Basis Science, Inc. in the United States and other countries.
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