A few weeks ago Predator Intelligence released a story detailing that Digital Concealment Systems had filed suit in Georgia Middle District Court against Canada-based Hyperstealth Biotechnology Corporation. Digital Concealment Systems is the designer of the A-TACS AU and A-TACS FG patterns. Hyperstealth’s lawyers sent a cease and desist letter in December to DCS stating that the A-TACS FG pattern infringed on the copyright of several Hyperstealth patterns and demanding that DCS immediately stop manufacturing, marketing, and selling that product. Weighing their options, DCS preemptively filed suit against Hyperstealth in a US court.
Now, Hyperstealth has gone to Predator Intelligence to “tell their side” of the story (our perception). As you may recall, last week we reported that Hyperstealth had released an online catalog of many of their EuroSpec patterns. However, after reading this Predator Intelligence story, it looks like Hyperstealth has held some of them back for use in court.
We are unsure at this point why Hyperstealth is so insistent on trying this case in the court of public opinion. Without prior access to the patterns in question, it’s difficult to make the case that DCS infringed on a copyright of a pattern that no one has seen. Furthermore, all of Hyperstealth’s actions, including these, taken to influence public opinion will most assuredly be brought up in court.
While it makes for a good story. This is best played out in a court of law. The outcome of this trial may well have a long-lasting impact on Hyperstealth’s policy of copyright assertion.
