9 unchanged sentences
We moved to dismiss the Oregon case for failure to state a claim on March 28, 2022.
−Removed: Three of the asserted patents are in ex parte reexamination proceedings at the PTO, and ex parte reexamination of a fourth patent concluded on August 23, 2023 after the claims were amended.
−Removed: On April 18, 2022, all claims of a fifth patent were found unpatentable by the U.S.
−Removed: Patent Trial and Appeal Board, or PTAB, in an inter partes review, and all claims were canceled on February 1, 2024.
−Removed: On April 18, 2022, the district court stayed the case at the request of the parties pending the disposition of PTAB and other proceedings involving the asserted patents.
+Added: On April 18, 2022, the district court stayed the case at the request of the parties pending the disposition of other proceedings involving the asserted patents.
+Added: These proceedings include four ex parte reexamination proceedings at the U.S.
+Added: Patent and Trademark Office and one inter partes review.
+Added: Three of the patents were found unpatentable in reexamination.
+Added: EcoFactor appealed the decision with respect to one of the patents to the United States Court of Appeals for the Federal Circuit on July 9, 2024, EcoFactor filed a pending request for rehearing in the U.S.
+Added: Patent Trial and Appeal Board, or PTAB, with respect to a second patent on March 28, 2025, and EcoFactor appealed the rejection of the third patent to the PTAB, filing its appeal brief on June 10, 2024.
+Added: Ex parte reexamination of a fourth patent concluded on August 23, 2023 after the claims were amended.
+Added: On April 18, 2022, all claims of a fifth patent were found unpatentable by the PTAB in inter partes review, and all claims were canceled on February 1, 2024.
Should EcoFactor prevail in its lawsuit we could be required to pay damages and/or a reasonable royalty for sales of our solution, we could be enjoined from making, using and selling our solution if a license or other right to continue selling such elements is not made available to us, and we could be required to pay ongoing royalties and comply with unfavorable terms if such a license is made available to us.
29 unchanged sentences
As a result, only four patent claims remain at issue and the Northern District of Oklahoma case is no longer stayed.
−Removed: The case is currently in the discovery and claim construction phase.
−Removed: A claim construction hearing is scheduled for December 12, 2024.
+Added: The case is currently in the discovery phase.
+Added: The court held a claim construction hearing on December 12, 2024, but has not yet rendered a claim construction opinion.
A hearing on dispositive motions, including for summary judgment, is scheduled for April 15, 2026.
5 unchanged sentences
Although the results of litigation and claims cannot be predicted with certainty, we currently believe that the final outcome of these ordinary course matters will not have a material adverse effect on our business.
−Removed: Regardless of the outcome, litigation can have an adverse
−Removed: impact on us because of defense and settlement costs, diversion of management resources and other factors.
+Added: Regardless of the outcome, litigation can have an adverse impact on us because of defense and settlement costs, diversion of management resources and other factors.
For a description of our legal proceedings, see Note 12 to our condensed consolidated financial statements for additional information.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.