Patent Issues
Prior to the expiration of U.S. Patent 5,612,524, intellectual property company Acacia Technologies claimed that Data Matrix was partially covered by its contents. As the patent owner, Acacia allegedly contacted Data Matrix users demanding license fees related to the patent.
Cognex Corporation, a large manufacturer of 2D barcode devices, filed a declaratory judgment complaint on March 13, 2006 after receiving information that Acacia had contacted its customers demanding licensing fees. On May 19, 2008 Judge Joan N. Ericksen of the U.S. District Court in Minnesota ruled in favor of Cognex. The ruling held that the '524 patent, which claimed to cover a system for capturing and reading 2D symbology codes, is both invalid and unenforceable due to inequitable conduct by the defendants during the procurement of the patent.
Notably, since the '524 patent expired in November 2007, a ruling against Cognex wouldn't have affected current use of Data Matrix codes. However, it would have established that use of Data Matrix prior to November 2007 could potentially be covered by the '524 patent.
A German Patent Application DE 4107020 was filed in 1991, and published in 1992. This patent is not cited in the above US patent applications and might invalidate them.
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