Case Against Actsoft Remands to District Court
LITTLETON, CO—The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., has reversed a previous determination by the Colorado Federal District Court regarding a patent infringement case brought by Denver-based Alcohol Monitoring Systems, Inc. (AMS) against Actsoft, makers of an alcohol testing bracelet marketed as “House Arrest Solution” and the “Tattle Tale” system.
The original infringement claim filed by AMS in 2007 focuses on patents held by AMS for their widely used SCRAM alcohol monitoring system. Originally launched in 2003, SCRAM is worn on the ankle 24/7 and automatically samples a subject’s perspiration every 30 minutes for the purposes of monitoring alcohol consumption and ensuring compliance with court- or agency-ordered sobriety. Known as transdermal alcohol monitoring (or continuous alcohol monitoring), SCRAM has monitored more than 165,000 offenders in 48 states to-date.
In 2009 the Federal District Court in Colorado had dismissed the AMS claims of patent infringement, essentially ruling that because the Actsoft system was incapable of actually determining a subject’s blood alcohol content (BAC), the defacto standard worldwide for determining alcohol intoxication, the system did not violate AMS patents. In January the Federal Circuit revised the lower court’s construction of the patent, concluding that there were sufficient facts by which a jury could conclude the Actsoft device infringed AMS patents, and that the question should be left to the jury. According to Mike Iiams, chairman and CEO of AMS, the company is anxious to move forward at the District Court. “This is a lengthy process, and we will continue to vigorously defend our intellectual property before the District Court,” he said. The case will be remanded to the Colorado Federal District Court for trial on AMS claims.
The Actsoft product, which combines transdermal alcohol monitoring with GPS location monitoring, is also currently marketed under the name “Tattle Tale Generation III” bracelet, “House Arrest Bracelet,” and others.
About Alcohol Monitoring Systems, Inc.
Established in 1997, Alcohol Monitoring Systems, Inc. (AMS) is the world’s largest provider of Continuous Alcohol Monitoring technology. AMS manufactures SCRAMx, which uses non-invasive transdermal analysis to monitor alcohol consumption and integrates home detention monitoring into a single anklet. SCRAMx fully automates the alcohol testing and reporting process, providing courts and community corrections agencies with the ability to continuously monitor alcohol offenders, increase offender accountability and assess compliance with sentencing requirements and treatment guidelines. AMS employs 126 people across the U.S. and is a privately-held company headquartered in Littleton, Colorado.