Brighter claims better rights in patent dispute with HotSwap.
On December 10, Brighter submitted a writ of summons to Stockholm’s District Court against HotSwap AB (in the process of takeover by the French listed company Alten Group) and its subsidiary. Brighter claims that the District Court establishes Brighter’s better rights to the inventions specified in the patent applications SE 1351376-7 and SE 1550571-2 and all the patent applications and patents that they may result in. Brighter also claims compensation for legal costs.
Through an assignment agreement between the parties Brighter AB and HotSwap AB, Brighter has complete and unlimited ownership of all rights that have arisen within the framework of the assignment. HotSwap has transferred or participated in the transfer of the patent applications to Brighter.
”We are dissatisfied with how protracted this process has been at The Swedish Patent and Registration Office and we want to move on much faster,” says Brighter’s CEO and founder Truls Sjösjedt.
”In our own opinion and our lawyers’ opinion, the point at issue is crystal-clear: HotSwap has no right whatsoever to the rights in question and this is not hard to prove.”
Point 6.1 in the assignment agreement states ”All the rights to the sketches… will belong to Brighter as soon as Brighter has fulfilled its payment obligations in accordance with the offer… … All the sketches means for instance, but not exclusively, ownership, copyright and rights closely associated with copyright, and patent rights and photograph rights. Thus, no rights to sketches, technical solutions, computer programs, inventions and documents and the like will fall on HotSwap”.
Brighter has paid HotSwap a total amount of SEK 11,171,000 for the work that was done under the assignment agreement. HotSwap has been paid in full for the work that led up to the patent applications.
In accordance with this, the patent applications have been transferred to Brighter which was confirmed by a transfer document dated April 22 2014 which showed that the transfer came into effect on November 19 2013. The transfer document was signed in the usual way by co-inventor Leif Hall, one of the consultants HotSwap placed at Brighter’s disposal under the agreement. The other co-inventor is Truls Sjöstedt.
HotSwap knew and was informed that Brighter submitted the patent applications on November 20 2013. HotSwap did not put forward any objections at that time, nor before or after, to Brighter’s right to the patent applications. Not until during the summer of 2015 did it transpire that HotSwap and its parent company consider themselves to have the right to the patent applications.
Questions? Please contact:
Henrik Norström, COO
Phone: 46 733 40 30 45
henrik.norstrom@brighter.se
Truls Sjöstedt, CEO
Phone: 46 709 73 46 00
truls.sjostedt@brighter.se
About Brighter AB (publ).
Brighter develops solutions for data-driven and mobile health services. Through its intellectual property and innovative tools, jDome® and Actiste™, the company creates a more efficient care chain with focus on the individual. The goal is to simplify, streamline and enhance the information flow of relevant and reliable data between the patient and health care professionals. Brighter is initially focused on diabetes care and care for the elderly, but there are opportunities in the future to operate on a broader level, spanning more diseases and treatment approaches. This is done through The Benefit Loop ™, Brighter’s cloud-based service that continuously collects, analyzes and shares data on the user's terms.
The Company's shares are listed on NASDAQOMX First North/BRIG.
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