AST, Toro reach accord on wireless soil monitoring
by John Reitman
The Toro Co. and Advanced Sensor Technology Inc. have reached an agreement on a series of patent infringement-related lawsuits leaving both companies free to compete in the wireless soil monitoring technology market.
Both companies have been involved in a series of lawsuits involving AST’s RZ Wireless and Toro’s Turf Guard systems for nearly two years. Both systems feature wireless devices that when buried underneath a green record a variety of soil-monitoring data, such as soil moisture, temperature and salinity levels and are designed to help golf course superintendents manage resources more efficiently.
According to news releases from both companies, Toro and AST agreed to settle all outstanding litigation without any admission of wrongdoing by either party. The settlement includes minor changes to Toro’s wireless soil-monitoring technology to eliminate any dispute over infringement of AST’s technology, according to both releases. Although Toro does not believe it did anything to infringe on AST’s patents, those changes include modification of one line of source code and does not involve digging up any of the transmitters.
All other terms of the settlement are confidential the parties said.
The agreement to settle comes more than one year after a judge in Minnesota dismissed a civil suit in which Toro claimed false advertising and deceptive trade practices by AST.
At the crux of the dispute was a question of who owns the rights to wireless technology in Advanced Sensor Technology’s RZ Wireless and Toro’s Turf Guard soil monitoring systems. Both systems collect data about moisture, salt and temperature levels in the rootzone of soil and transmit real-time information to the end user’s computers or PDA devices. Instead of relaying information through a series, the sensors work independently of and communicate directly with each other through a wireless mesh network.
A prototype of the RZ Wireless system was launched at the 2005 Golf Industry Show in Orlando, Fla. The Turf Guard prototype, then owned by Hill’s JLH Labs, debuted a year later in Atlanta.
AST filed at least three lawsuits against Toro and/or its agents beginning in August 2007, alleging misappropriation of trade secrets, unfair business practices and patent infringement.
The dispute took on notoriety in January 2008 when AST issued an e-mail statement shortly before GIS warning competitors and their customers that only Advanced Sensor Technology was permitted to sell products using the wireless communication technology in question. Toro had planned to launch Turf Guard at the Orlando show.
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