Continuous Composites Clarifies Facts Around Continued Success in its Patent Infringement Lawsuit Against Markforged

Rhea-AI Summary

Continuous Composites has received a favorable ruling from the United States District Court that allows for a jury trial against Markforged (NYSE: MKFG) in December. Following a pretrial Markman hearing on March 8, 2023, the court sided with Continuous Composites on five out of six patent claim terms, creating a favorable environment for the upcoming trial. The court's decision comes after Markforged's attempts to invalidate Continuous Composites' patent claims were dismissed at the Patent Trial and Appeals Board. Continuous Composites expresses confidence in its position, stating that it believes Markforged has infringed its patent claims and looks forward to presenting evidence in court.

Positive

• Court ruling favors Continuous Composites on five out of six patent claim terms.
• The case will move to a jury trial in December 2023.
• Continuous Composites successfully defended its patent claims against Markforged's previous invalidation attempts.

Negative

• None.

COEUR D’ALENE, Idaho--(BUSINESS WIRE)-- Continuous Composites Inc., a leading innovator in composite 3D printing technology, announced that the United States District Court for the District of Delaware issued a favorable ruling siding with Continuous Composites that creates a clear path for a trial by jury.

A pretrial Markman hearing (also known as “Claim Construction Hearing”) was held on March 8^th, 2023, in which the judge heard arguments and ruled on the meanings of six terms found in the asserted patent claims. The judge sided with Continuous Composites on five of the six claim terms. This paves the way for a focused jury trial in December against Markforged (NYSE: MKFG). The case will now be proceeding based upon the claims in Continuous Composites patent number 11,173,660.

“The patent claims remaining in the case were not only construed in Continuous Composites’ favor, but they easily overcame Markforged’s earlier attempt to invalidate them at the United States Patent Trial and Appeal Board. Continuous Composites looks forward to presenting these claims to a Delaware jury in eight months” says William B. Dyer III, lead counsel, Lee & Hayes.

With respect to the asserted claims of the ‘660 patent, Markforged previously alleged they were invalid, but lost on all of these arguments at the Patent Trial and Appeals Board (PTAB) of the USPTO. The jury will now hear the case and decide whether Markforged’s printers infringe the asserted claims.

“We are encouraged that we have gotten through claim construction and there is now a clear path to victory” says Tyler Alvarado, President and CEO of Continuous Composites. “We are extremely confident Markforged is infringing our granted patent claims and we’re excited to present the facts to the jury in December.”

About Continuous Composites Inc.

Continuous Composites Inc., headquartered in Coeur d'Alene, Idaho, is disrupting manufacturing with its patented composites printing technology (Continuous Fiber 3D Printing - CF3D®). Founded in 2012, the company leads the 3D printing industry with the earliest and most comprehensive patent portfolio owning 100 U.S. Patents and 41 international patents. The CF3D® technology leverages advantages of continuous fiber composite materials and the 3D printing process to fabricate high-strength, light-weight parts on demand. CF3D® significantly reduces cost, lead times, labor, and other traditional constraints found in manufacturing while enabling design freedom.

To learn more, visit www.continuouscomposites.com.

View source version on businesswire.com: https://www.businesswire.com/news/home/20230406005252/en/

Legal Inquiries:

William B. Dyer III

Lee & Hayes

Partner / Patent Attorney

bill.dyer@leehayes.com

Business Inquiries:

Tyler Alvarado

Continuous Composites

CEO

tyler@continuouscomposites.com

Source: Continuous Composites Inc.

FAQ

What was the recent court ruling for Continuous Composites against Markforged (MKFG)?

The court ruled in favor of Continuous Composites, allowing a jury trial to proceed regarding patent claims against Markforged.

When is the jury trial for Continuous Composites against Markforged scheduled?

The jury trial is scheduled for December 2023.

What are the implications of the Markman hearing for Continuous Composites?

The Markman hearing resulted in the court siding with Continuous Composites on five of six claim terms, strengthening its case against Markforged.

What patent does Continuous Composites claim Markforged has infringed?

Continuous Composites claims infringement on patent number 11,173,660.

How has Continuous Composites previously defended its patents?

Continuous Composites successfully overcame Markforged's attempts to invalidate its patent claims at the Patent Trial and Appeals Board.