Polar Electro Inc. urged a California federal judge Tuesday to toss Avocet Sports Technology Inc.'s suit accusing Polar of infringing patents on technology that tracks athletes' altitude changes, arguing that Avocet should have known about Polar's products years ago and waited too long to sue.
Polar Electro has marketed and sold its accumulating altitude products openly for years, giving Avocet plenty of chances to bring its case, argued its attorney, John Moran of Holland & Knight LLP. Moran urged U.S. District Court Magistrate Judge Elizabeth LaPorte to reject a declaration from Avocet President Bud Hoffacker, who claimed he didn't find out about Polar Electro's allegedly infringing products until he attended the annual Interbike trade show in 2005.
“There's no indication that Mr. Hoffacker says it's too difficult to go to Polar's website, where we have pages showing these products in 2004,” Moran said.
Moran also rejected Hoffacker's argument that he couldn't be sure the products infringed until he tested them.
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