E-propelled

    ePropelled Legal Action
    EXRO countersuit defamation
    EXRO challenges validity of ePropelled patent
    • News Release: June 15, 2022 EXRO refutes patent infringement claim, files petition to challenge validity of ePropelled Patent
    • News Release: November 15, 2022 EXRO announces resolution to patent dispute with ePropelled
      • The parties have agreed to file a joint motion to withdraw the Petition for Inter Partes Review Exro had filed with the United States Patent and Trademark Office challenging the validity of the ‘103 patent.
    Settlement
      News Release: November 15, 2022 EXRO announces resolution to patent dispute with ePropelled [EXRO’s version]
      • The parties have agreed that Exro’s Coil Drive System (CDS) and Coil Drivers do not infringe upon any claim of ePropelled’s U.S. Patent No. 7,382,103 (“the ‘103 patent”).
      • The parties have stipulated to the dismissal of the lawsuit with prejudice.
        • When a lawsuit is dismissed “with prejudice,” it means that the case is permanently closed and cannot be refiled or brought back to court.
        • This type of dismissal typically occurs when the court determines that the plaintiff’s claim lacks legal merit, or the plaintiff chooses to dismiss the case and agrees not to bring the same claim again.
        • Key Features of “With Prejudice” Dismissal:
          • Final Decision: The dismissal acts as a final judgment on the merits of the case.
          • Prevents Re-litigation: The plaintiff is barred from filing another lawsuit based on the same claims or issues.
          • Often Binding: The dismissal is usually binding unless successfully appealed or overturned by a higher court.
        • Common Reasons for Dismissal With Prejudice:
          • The court finds the claims legally invalid.
          • The plaintiff repeatedly fails to comply with procedural rules or court orders.
          • A settlement agreement is reached, and the dismissal is part of the terms.
        • The parties have also stipulated to the dismissal of the defamation suit Exro filed against ePropelled in the Superior Court of Massachusetts, and
        • The parties have agreed to file a joint motion to withdraw the Petition for Inter Partes Review Exro had filed with the United States Patent and Trademark Office challenging the validity of the ‘103 patent.
      • “Consequently we are very pleased that the infringement case has resulted in confirmation that we are not infringing on ePropelled’s patent, resolving this matter without monetary settlement of any kind.“
      News Release: November 18, 2022 ePropelled Resolves Patent Dispute with Exro Technologies Inc. [ePropelled’s version]
      • “Importantly, Exro also agreed not to make or commercialize products capable of driving a permanent magnet brushless motor having three or more winding sections per phase and capable of operating in a configuration having a combination of series and parallel windings (i.e. a hybrid phase) in any country in which ePropelled maintains its patents.”
      • “Through discovery in the litigation, ePropelled gained the assurances it needed that Exro’s current offerings were not infringing ePropelled’s valuable ‘103 patent on its Dynamic Torque Switching (eDTS) technology and Exro stipulated it would not infringe ePropelled’s international DTS Patent Portfolio before the patents expire. With these assurances, ePropelled is happy the matters between the parties are resolved to ePropelled’s satisfaction.”
    Patent Expiry (now expired)
    • The ‘103’ Patent expiry date: October 2024
    • The patent has reached its maximum extension length and cannot be extended further
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