After the USPTO decided to reissue one of the patents in suit – U.S. Patent No. 5,448,142 (the ’142 patent) – QSIndustries, Inc. (“QSI”) filed an amended complaint [PDF] alleging that Broadway Limited Imports, LLC, (“Broadway”) now contributorily infringes and induces infringement of many of the 270 claims of the reissue patent (U.S. Patent No. RE42,284E). In addition to certain changes to the 22 original claims of the ’142 patent, the reissue patent contains 248 new dependent claims. QSI alleges that when installed and used in a model train unit operating in the DC or analog mode, end-users infringe claims 1, 2, 8, 10, 15, and about 176 of the newly-added claims as set out on their infringement chart [PDF]. In its answer [PDF], Broadway denies such allegations. Broadway also alleges that during the prosecution of various patent applications, QSI abandoned claim scope relating to the transmission of remote control effects using digital signaling techniques and QSI is now estopped from attempting to recapture that scope in the reissue patent.
The reissue patent hit the tracks while discovery was underway, so the parties are now scheduled to complete discovery by December 31, 2011 and file their Markman memoranda by February 29, 2012.