RealD Bolsters Global IP Protection for Light-Doubling Cinema System Technology as Patent Offices around the World Affirm RealD’s Patents

U.S. Patent Office Affirms XL Cinema System Patent Claims by Refusing to Institute Inter Partes Reviews of Majority of Patent Claims

Challenged Patents Emerge from Re-Examination in Australia

Invention Patents Granted in USA, Europe, Russia, Japan, Australia, Mexico with Patents Pending in China, Brazil, Canada, India and South Korea

LOS ANGELES--()--Global visual technology company RealD Inc. (NYSE: RLD) announced today that the company continues to reinforce its global IP protection around its proprietary RealD XL Cinema System technology with an Invention Patent reaffirmed by the Australian Patent Office following a desperate re-examination request by a struggling competitor. With more than 60 issued patents around the world protecting RealD’s XL Cinema System technology, this Australian re-examination victory by RealD builds on recent legal triumphs in the USA, furthering RealD’s position against unethical copycat infringers whose business models seem to be built on copying RealD’s award-winning and patented light-doubling optical architecture.

“Our competitors continue to fail in their attempts to invalidate RealD’s Invention Patents”

“In desperation, our competitors have filed challenges in every jurisdiction they can, knowing that their challenges have no substance, aiming only for procedural ‘wins’ that they can misleadingly publicize in hopes of salvaging their business. It’s a petty smoke and mirrors attempt to misinform the industry and delude exhibitors into believing that RealD’s patent position is anything other than solid and blocking,” said Anthony Marcoly, President, Worldwide Cinema at RealD.

RealD has a significant patent wall around its light-doubling XL Cinema System with IP filings dating back to 2006 covering architecture and other aspects of the inventive technology. Chief among the protection of RealD’s proprietary technology is a collection of Invention Patents, which have been substantively examined and granted. Unlike Utility Models, which have a less stringent patentability requirement and in many cases are granted after checking that the application complies with formalities, Invention Patents are substantively examined by a patent examiner prior to being issued. RealD’s Invention Patents surrounding the company’s XL Cinema System technology have been consistently affirmed in both examination and re-examination proceedings around the world.

“Our competitors continue to fail in their attempts to invalidate RealD’s Invention Patents,” added Marcoly. “More so, our competitors don’t even attempt to promote their own IP positions because they simply don’t have anything that is relevant against RealD. Rather, they choose to claim victory over a placeholder Utility Model filed in 2013, after a substantively examined Invention Patent having earlier priority to 2007 has been issued in the same territory.”

“Claims of victory over invalidating an unrelated Utility Model is a laughable misrepresentation, as it has absolutely no impact on RealD’s stronger Invention Patents in earlier-filed patent families granted and pending around the world,” said Neil Mothew, Vice President, Intellectual Property and Legal Affairs. “Utility Models are formality placeholders utilized in select jurisdictions, which RealD expected to displace upon issuance with substantively examined Invention Patents having earlier priority.”

Some of RealD’s global IP protection around its Light-Doubling XL Cinema System technology includes:

USA:

  • U.S. Patent Nos. 7,857,455; 7,959,296; 7,905,602; 8,220,934; 8,833,943; 8,328,362; 8,540,372; 8,727,536; 7,633,666; 8,638,400.
  • U.S. International Trade Commission has instituted an investigation into MasterImage’s allegedly infringing imports. RealD is seeking that the ITC issue an Exclusion Order to bar importation of those MasterImage 3D products and the key components inside those products.
  • Three separate petitions for Inter Partes review filed by MasterImage have been found baseless and dismissed by the Patent Trial and Appeal Board given MasterImage failed to demonstrate a reasonable likelihood of prevailing.
  • Two challenges based on a minority subset of asserted claims were instituted; one of which is on the basis of one RealD-owned patent being alleged as prior art to another RealD-owned patent. See IPR2015-00035 & IPR2015-00040.
  • Infringement lawsuit by RealD against Volfoni was dismissed by RealD only after Volfoni agreed to not do business in the USA with their infringing Diamond system.

Australia:

  • Invention Patent AU2008251353.
  • Invention Patent affirmed following re-examination. See Australian Pat. App. No. AU2014213551.

Europe:

  • Invention Patent EP2067066.
    • See also, Pat. app nos. AT 07843526.0; BE 07843526.0; DE 07843526.0; ES 07843526.0; FR 07843526.0; GB 07843526.0; IE 07843526.0; IT 07843526.0; PL 07843526.0; SE 07843526.0; TR 07843526.0; EP 14191668.4
  • RealD filed a lawsuit with the Paris First Instance Court against a 3D manufacturer and a cinema operator for patent infringement.

Russia:

  • Invention Patents issued: RU2533532; RU2488856.

Japan:

  • Invention Patents issued: JP5635773; JP5641424.

South Korea:

  • Invention Patents pending: Rep. Korea Pat. App. Nos. KR10-2009-7008562; KR10-2009-7025714; KR10-2014-7021821.

China:

  • Invention Patents pending: China Pat. App. Nos. CN200880023761.1; CN201310233906.3

Brazil:

  • Invention Patents pending: Brazil Pat. App. Nos. BR PI0810740-8; BR122013012891-3.

India:

  • Invention Patents pending: India Pat. App. Nos. IN7402/DELNP/2009; IN983/DELNP/2013.

Mexico:

  • Invention Patent issued: MX301311.

Canada:

  • Invention Patent pending: Canada Pat. App. No. CA2686928.

Further information concerning RealD’s patents at www.realdpatents.com.

The RealD XL Cinema System was introduced in 2008 and today is the world’s most widely used 3D cinema projection technology with more than 15,000 units installed around the world. The XL Cinema System delivers more light and better efficiency than any other 3D cinema projection technology, and as a result, it provides a superior projected 3D image at a lower operating cost.

The world’s most widely used 3D cinema technology, RealD 3D is installed in more than 27,000 auditoriums by approximately 1,200 exhibitors in 72 countries around the world.

About RealD Inc.

RealD is a leading global licensor of 3D and other visual technologies. RealD is the world’s most widely used 3D technology and our extensive intellectual property portfolio is used in applications and products that enable a premium viewing experience in the theatre, the home and elsewhere.

RealD was founded in 2003 and has offices in Beverly Hills, California; Boulder, Colorado; London, United Kingdom; Moscow, Russia; Shanghai, China; Hong Kong; Tokyo, Japan; and Rio de Janeiro, Brazil. For more information, please visit our website at www.reald.com.

Cautionary note on forward-looking statements

This press release includes forward-looking information and statements, including but not limited to: statements concerning the company’s global patent portfolio. These statements are based on RealD’s current expectations and beliefs, as well as a number of assumptions concerning future events. Such forward-looking statements are subject to known and unknown risks, uncertainties, assumptions and other important factors, many of which are outside of RealD’s control that could cause actual results to differ materially from the results discussed in the forward-looking statements. RealD’s annual and quarterly reports include a more detailed discussion of the risks and uncertainties that may cause that could cause actual results to differ materially from the results discussed in the forward-looking statements.

RealD undertakes no obligation to update publicly the information contained in this press release, or any forward-looking statements, to reflect new information, events or circumstances after the date they were made, or to reflect the occurrence of unanticipated events.

Contacts

Media Contact:
RealD
Rick Heineman
310-339-9347
rheineman@reald.com
or
Investor Contact:
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Andrew Greenebaum / Laura Bainbridge
310-829-5400
investors@reald.com

RealD Inc.