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Alcohol Monitoring Systems Files Appeal With Federal Circuit Court in Patent Suit
Date:11/29/2011

LITTLETON, Colo., Nov. 29, 2011 /PRNewswire/ -- Denver-based Alcohol Monitoring Systems, Inc. has filed a second appeal to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., in its long-standing patent infringement suit against Tampa-based Actsoft, Inc.

The suit, first filed in 2007 in Colorado's Federal District Court, was originally denied in 2009 when the trial court ruled that because the Actsoft system was incapable of measuring a subject's blood alcohol content (BAC), the defacto standard worldwide for determining alcohol intoxication, the system did not violate AMS patents for their proprietary SCRAM (Secure Continuous Remote Alcohol Monitor) system. In January of this year the Federal Circuit Court of Appeals revised the trial court's claim construction and determined that there were sufficient facts from which a jury could conclude that the Actsoft device, originally marketed as "House Arrest Solution," infringed AMS patents. The Federal Circuit remanded the case to the district court for trial.

On October 25th, just six days before trial was to start, the district court entered an order granting in part and denying in part Actsoft's supplemental renewed motion for summary judgment. In its order, the Court concluded that AMS could not rely upon or argue the claim construction that was previously ordered by the Federal Circuit. AMS filed an immediate appeal to the Federal Circuit asking the court to again correct the legal errors in the trial court's order.

"While the ruling is disappointing, we knew this would be an arduous battle when we originally filed suit in 2007," says Mike Iiams, chairman and CEO of AMS. "The n
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SOURCE Alcohol Monitoring Systems, Inc.
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