Friday, September 6, 2013, 9:00 AM

Patent Infringement Alleged Against French Corporation

In a complaint recently filed in the Northern District of Alabama, two Birmingham companies, Applied Ultrasonics, LLC and UIT, LLC  seek damages for the alleged infringement of a number of patents pertaining to ultrasonic impact technology (“UIT”).  The complaint asserts that Applied Ultrasonics is engaged in “the design, development and delivery of equipment and processes” for utilization of UIT in aerospace, mining, offshore drilling, shipbuilding, infrastructure, automotive, energy production and other industries.  UIT reportedly refers to metallurgical processes in which ultrasonic energy is applied to metals in a controlled manner for the purpose of “improving the structure and properties of metals and welded components.” 

The complaint alleges that defendants SONATS SA, a French corporation, and Empowering Technologies, Inc., an Alabama corporation, knowingly and willfully infringed plaintiffs’ patents by using, offering for sale, selling, importing into the United States, and distributing equipment and related software, including “Defendants’ so-called Stressonic ultrasonic impact treatment or needle peening solution and its StressVoyager solution.”  Plaintiffs further contend that the defendants’ products have “no substantial non-infringing uses,” that defendants’ customers are using the products in a manner that constitutes infringement, and that the defendants have both “directly infringed” and “contributed to and/or actively induced infringement” of the patents.

Plaintiffs contend that defendants’ conduct is causing irreparable injury and seek to permanently enjoin the alleged infringement and to recover monetary damages. 

The case is Applied Ultrasonics, LLC, et al. vs. SONATS SA, et al.,  Case No. 2:13-cv-01494-UNAS-CLS, in the United States District Court for the Northern District of Alabama, Southern Division, filed on August 13, 2013.   

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