At High Court, Patent Biz Argues Case Is Unlike American Axle

Intellectual Property attorney Anthony Fuga was quoted in a Law360 story about a New York patent-holding company and its latest U.S. Supreme Court petition. In the form of a brief filed July 11, Interactive Wearables, a unit of Poltorak Technologies LLC, argued that its petition is different from the American Axle patent eligibility case that the justices rejected last month. The patents were issued to a prolific patent licensing businessman named Alexander Poltorak, and his company used them to sue a Finnish sports technology company called Polar Electro over a line of watches the company sells called the Polar M600. While the initial petition from Interactive Wearables zeroed in on the similarities with the American Axle case, the latest brief from the company "focuses primarily" on a legal question the company's lawyers say "was not presented in American Axle's petition." Mr. Fuga, who represents Polar Electro, said that Interactive Wearables' pivot away from American Axle was "no surprise."

"Unfortunately for IW, it's just not a compelling case," he said.

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