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ITNews: Domino's suffers setback in IP fight over GPS Driver Tracker

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Vlx

30 Posts.

17/03/16

11:35

Post #: 17298222
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Highlights from the IT News article:

'Domino's Pizza has hit a roadblock in its bitter dispute with IT firm Precision Tracking over the intellectual property in its GPS Driver Tracker technology, after the patent office refused to allow the retailer to grill executives from its former partner.'

'However, in a ruling yesterday, the Australian Patent Office refused Domino's request to summon witnesses from Precision Tracking to a patent hearing to be grilled on their application.

Domino's had asked for Precision executives Alexander Green, Vlad Lasky and Nathan Parrott to front up for examination and for the firm to produce emails and documents confirming the validity of their claims.

But deputy patent commissioner Phil Spann said he had no reason to believe the requested emails and documents would have a substantial impact on the proceedings.

He similarly said Domino's did not have a general right to cross-examine individuals, but would reconsider summonsing witnesses should Domino's prepare a list of specific questions it wanted asked - and should he consider them to be highly significant in detemining a resolution to the dispute.

"[The summonsing of witnesses] is not to be invoked by one party as a general means of exploring the other party’s case and particularly is not to be used in a fishing expedition or a hunt for a ‘smoking gun’," Spann said.

"Usually it will be necessary to identify a real and specific factual issue in dispute, not merely speculation that production or summons might reveal such a matter."

He said Domino's approach was "unusual" in that it appeared to be arguing that Precision's statements should be considered incorrect until documents were produced to substantiate them.

"For example, [Domino's] seeks unspecified documents recording the brainstorming of the inventive concept by Precision before the meeting in November 2012 which it says should exist if Precision’s claims are valid," Spann said.

"Domino’s therefore appears to be making the request on the assumption that the documents do not exist."

The pizza chain now has just 14 days to file any further information to avoid the patent being awarded.'

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Original Link:

ITNews: Domino's suffers setback in IP fight over GPS Driver Tracker

Disclosure: I am the R&D Manager at Precision Tracking Pty. Ltd. and am also a director of the company.

Last edited by Vlx: Added quotes 17/03/16

DMP Price at posting: $56.86 Sentiment: None Disclosure: Not Held
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