CALGARY, May 13 /CNW/ - AeroMechanical Services Ltd. ("AMA") announced today that it has filed a motion to dismiss a second amended complaint for patent infringement filed by Star Navigation Systems Group, Ltd. ("Star") in the U.S. District Court for the Northern District of California (the "Court").
On April 8, 2008, the Court dismissed Star's first complaint because Star did not have the rights in the patent to bring suit in its own name. The Court granted Star additional time - until April 30, 2008 - to refile its complaint with the co-owners (Viraf Kapadia and Hillary Vieira) of U.S. Patent No. 7,113,852 ("the '852 Patent") as named plaintiffs. It is AMA's counsel's view that Star has failed to properly do so in view of Mr. Vieira's refusal to be joined as a plaintiff. AMS has requested dismissal of Star's new complaint for this failure.
AMA has also requested dismissal of Star's complaint because, according to Mr. Vieira in a separate case against Star in Canada, Star no longer retains any rights to the '852 Patent. AMA believes that Star should not be able to assert the '852 Patent in the U.S. until its rights to assert that patent are settled by the Canadian court.
Lastly, AMS has requested dismissal of Star's complaint because the Court does not have personal jurisdiction over the Canadian company, AMA.
AMA is a technology leader in airliner performance monitoring systems. As a patent holder, AMA takes intellectual property matters very seriously and respects the intellectual property of third parties. AMA currently holds valid US patents for the products and services it provides to more than 30 customers' world wide.
