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The Elbit Systems v. Thales Visionix appeal came down to a battle of experts, and it was the more supported expert's testimony that carried the day for Thales Visionix.
Thales Visionix is a French defense company that has vigorously defended their motion tracking patent. It has accused the U.S. Government as well as Elbit Systems of infringing on their IP. In response, Elbit brought an inter parties review action, which has not been successful.
Elbit Systems had sought inter parties review to invalidate Thales Visionix's motion tracking patent. Essentially, Elbit argued that the three step method they employed for their motion tracking system should prevent Thales' motion tracking patent application from being approved.
Elbit's appeal at the PTAB and at the Federal Circuit sought to invalidate Thales patent, but neither appellate board agreed. The federal circuit noted that the expert testimony Elbit put forth was unsupported by fact and therefore entitled to little weight.
Thales Visionix is known for making helmet mounted display systems (HMDS) that get used by military personnel, such as fighter pilots. The patent claims in this case focused on the mathematical equations and processes these HMDSs used.