Travel Analytics Takes Next Step In Patent Tango

Travel Analytics tomorrow will file a motion in a U.S. District Court in Ohio supporting its claim that the patent on Rosenbluth International's Dacoda contract optimization system should be invalidated and that Rosenbluth's March 2000 patent infringement suit against Travel Analytics was filed for anticompetitive reasons. The motion will be filed under seal due to sensitive information included, but Travel Analytics said it may file a second motion requesting that information be made public.

"We beat Rosenbluth soundly on the issue of infringement," said Travel Analytics CEO Scott Gillespie. "We are now free to press our counterclaims, and look forward to showing what we've learned about the Dacoda patent and Rosenbluth's overrides."

Travel Analytics first filed suit seeking patent invalidation in the wake of Rosenbluth's initial suit, which claimed that Travel Analytics' Tango product infringed on the Dacoda patent. Last October, Rosenbluth conceded its suit could not succeed based on the court's interpretation of the Dacoda patent, but also requested the judge dismiss Travel Analytics' counterclaim that the Dacoda patent be invalidated.

According to a Rosenbluth spokesperson, tomorrow's motion by Travel Analytics is "just a response to a motion we filed 20 days ago to have the case dismissed entirely for lack of substantial reason to continue."

Should the litigation continue and the court ultimately decide to invalidate the Dacoda patent, it would open the door for similar linear programming travel supplier contract optimization products from travel agencies and other third parties. Rosenbluth in November opened Dacoda to companies that are not Rosenbluth travel management clients as part of the launch of its Eclipse Advisors initiative.