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Repairify and Elitek working to settle patent infringement lawsuit

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Repairify and Elitek have agreed to settle a lawsuit accusing the latter company of patent infringement.

Documents filed in court June 12 request a 30-day stay on the case, the jury trial for which was scheduled to begin Monday, while settlement agreement terms are worked out.

The suit alleges that Elitek and parent company Keystone infringe on three of Repairify’s remote servicing and programming system and method patents on vehicles through an OBD or OBD-II interface. It was filed Aug. 9, 2021 in the U.S. District Court for the Western District of Texas.

Last week, Keystone Automotive — an LKQ subsidiary doing business as Elitek — asked that the lawsuit be ruled against without a full trial.

During a May 28 pre-trial conference the suit was partly dismissed. Repairify later asked that the dismissal be reconsidered.

Elitek has argued that summary judgment should be granted because one of the patents in question is unenforceable under a terminal disclaimer. The disclaimer granted Repairify ownership of U.S. Patent No. 10,528,334 (the “334 patent”) only when U.S. Patent No. 9,684,500 (the “500 patent”) is still owned, according to the motion.

Due to Repairify not meeting its burden to show it had ownership of the ‘500 patent when the complaint was filed, the court dismissed that infringement claim. Elitek’s motion to dismiss the ‘334 patent infringement claim was denied.

Repairify and Elitek didn’t respond to request for comment from Repairer Driven News by the publication deadline.

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