Last May, Woodworker’s Journal eZine reported about ongoing litigation between SawStop and Bosch, regarding Bosch’s REAXX™ Portable Jobsite Table Saw and its flesh-sensing, injury mitigation technology. SawStop initiated the lawsuit on the grounds that Bosch’s technology violates SawStop’s proprietary braking system, which the company patented in 2004. You can read that coverage by clicking here.
SawStop is asking the International Trade Commission (ITC) to order U.S. Customs to exclude Bosch’s REAXX saws from entering the United States, and to order Bosch to stop advertising and selling the saws and associated parts, which might include replacement cartridges essential to the saw’s operation.
On Sept. 9, an administrative law judge made an initial determination in favor of SawStop. The following Tuesday, SawStop issued this media release:
“Last Friday, Administrative Law Judge Thomas B. Pender confirmed that the Bosch Reaxx saw infringes patents related to SawStop’s implementation of active injury mitigation technology and components thereof.
Here is an excerpt: ‘Based on the foregoing, it is my Initial Determination that there is a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain table saws incorporating active injury mitigation technology and components thereof, in connection with the asserted claims of U.S. Patent Nos. 7,895,927 and 8,011,279.” –U.S. I.T.C., Inv. No. 337-TA-965 .’
Dr. Stephen Gass, SawStop’s president, notes that ‘the technology in SawStop saws wouldn’t have made it to market except for the protection offered by the United States patent system. We have invested millions of dollars in research and development to protect woodworkers from serious injury, and our inventions have been awarded numerous patents. Bosch chose to introduce the Reaxx saw in disregard of our patents, and we were left with no alternative but to defend our patent rights in court. We are very pleased Judge Pender confirmed that Bosch infringes our patents.’ ”
The day after SawStop’s media release was made public, Bosch responded with their own statement in an effort to clarify any “misleading impressions” about the case developments of late. Bosch reinforced that litigation is ongoing and that REAXX table saws, cartridges and accessories are still for sale.
In the news release, Bosch comments:
“At this time legal proceedings are still under way. The ITC will review the initial determination provided by the Administrative Law Judge on Sept. 9, 2016, as well as additional arguments from the parties, before it makes any decision in the matter. The commission’s decision is not expected until early January 2017. Contrary to any other implication, the patent legal proceedings are ongoing and not final.
The Bosch REAXX Jobsite Table Saw is based on patented technology developed by the Power Tool Institute and the engineering team at Robert Bosch Tool Corp. in Mount Prospect, Illinois. We believe that advanced REAXX safety technology does not violate any competitor’s intellectual property rights.”
Bosch’s news release continues:
“It is disappointing that a competitor is continuing its campaign to stop the sale of patented REAXX technology to consumers. The patents asserted against REAXX are based on applications filed more than 15 years ago; Bosch does not believe they apply to REAXX technology. In addition, Bosch believes that if the U.S. Patent and Trademark Office had complete information it would not have issued certain patents in the first place.
Bosch has vigorously defended, and will continue to defend, its ability to make REAXX table saws available in the United States. In addition, Bosch will continue to pursue its own claim of patent infringement against the competitor filed in the U.S. District Court for the Northern District of Illinois.
The ongoing litigation has no effect on distributors’ ability to buy or sell Bosch REAXX table saws. REAXX cartridges, accessories and service parts are available. The Bosch commitment to provide safe products to users is critical today and in the future.”
Woodworker’s Journal will continue to follow the proceedings of this lawsuit and share developments with our eZine audience.
