GeoComply seeks to stop Xpoint’s US operations until suit resolved

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A new motion by GeoComply in its patent infringement lawsuit against Xpoint seeks an injunction to stop Xpoint’s operations in the US until the litigation is resolved.

Here is what is asked for in the motion:

(“GeoComply”) for a preliminary injunction enjoining Defendant Xpoint Services LLC (“Xpoint”), its subsidiaries, officers, directors, agents, employees, successors-in-interest, assignees, and those in active concert or participation with them from further infringing GeoComply’s U.S. Patent No. 9,413,805 (“the ’805 Patent”) through making, using, offering for sale, selling, and importing into the United States the Xpoint Verify product, the Xpoint Lite product, and any other product that is no more than colorably different from Xpoint Verify or Xpoint Lite.”

GeoComply did not seek this injunction when it initially filed the case back in September. It did, however, seek expedited discovery in the suit, which the judge denied.

A GeoComply spokesperson had the following to say about the latest action:

“On Friday, January 27, GeoComply filed a preliminary injunction motion to immediately stop Xpoint from continuing to sell what we believe is our stolen intellectual property, during the pendency of this lawsuit.  As we have shared repeatedly, GeoComply welcomes healthy competition and new ideas; intellectual property theft is neither.  We don’t have any further comment at this time.”

Xpoint responded to the motion with this statement:

“GeoComply’s most recent filing is simply a continuation of their ongoing, meritless action against Xpoint. GeoComply’s claims against Xpoint are false – Xpoint has never infringed any of GeoComply’s intellectual property. Because GeoComply’s allegations lack any basis in fact, it is clear that the lawsuit is nothing more than a thinly veiled attempt by GeoComply to maintain its monopoly on the gaming geolocation marketplace in the face of an innovative competitor with superior technology. We believe GeoComply is engaged in a meritless fishing expedition to learn more about Xpoint’s technology. We look forward to prevailing in this action.”

Judge William Bryson will need to decide on this motion as well as Xpoint’s motion to dismiss and the matter of subpoenaing third party Out The Gate into the case.