NEWS11 May 2010

Itracks and Artafact head back to court over online focus group patent

Legal North America

US— Itracks and Artafact are heading back to court in their dispute over an online focus group patent after failing to agree settlement terms.

Itracks, based in Saskatchewan, Canada, says it will file a motion to proceed with its lawsuit against Californian firm Artafact, which it accuses of infringing its patent for a system and method of conducting online focus groups using remotely located participants.

Litigation between the rivals had been stayed while the patent in question – patent number 6,256,663 – was re-examined by the US Patent and Trademark Office (PTO) at the request of Artafact, who argued that the patent was invalid. However, the PTO issued Itracks with a Reexamination Certificate in November, upholding the validity of the patent.

In the wake of the decision an Itracks spokesman told Research it was hoping for “an amicable settlement” of the dispute and that settlement terms had been offered to Artafact. Speaking today, the same spokesman confirmed that an out-of-court deal had not been reached and that litigation would resume shortly.