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ITC judge issues determination in Hyosung patent complaint vs. Diebold

March 16, 2017

An administrative law judge for the U.S. International Trade Commission has found in favor of Nautilus Hyosung Inc. in its patent infringement complaint against Diebold Nixdorf Inc.

In his notice of the Final Initial Determination in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-989), Administrative Law Judge David P. Shaw wrote that "a violation of section 337 has occurred with respect to U.S. Patent No. 8,523,235."

The original complaint filed by Hyosung asserted that four of the company's patents had been infringed. In the judge's determination, only the '235 patent, Cash and cheque automatic depositing apparatus, was violated.

A public version of the March 13 initial determination will be available within 30 days.

The ALJ's "initial determination" will now be considered by the ITC, which will make the final determination whether products in violation of the patent should be barred from importation into the United states.

In a separate action brought before the ITC by Diebold Nixdorf, a different ALJ determined that Nautilus Hyosung had infringed two of its patents. A final ITC decision in that case is pending.

Nautilus Hyosung and Diebold Nixdorf also have filed civil court cases alleging patent violations in a tit-for-tat battle that began late in 2015. Each case will remain on hold until the ITC makes its respective ruling.

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Hyosung Americas

Hyosung Americas is a global human experience maker that bridges the physical and virtual worlds. We do this by harnessing our unique combination of a manufacturer’s soul with an innovator’s mindset to build a platform of integrated products, services, and ideas that improve life’s day-to-day interactions for everyone.

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Diebold Nixdorf

As a global technology leader and innovative services provider, Diebold Nixdorf delivers the solutions that enable financial institutions to improve efficiencies, protect assets and better serve consumers.

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