Exergen has recently and successfully won legal battles with two other companies marketing products using a similar technology, American Diagnostic Corp. & SDI Diagnostic Corp..
Firstly, it seems strange that Exergen can sue these companies considering their product isn't even non-contact, whereas the other companies' products were.
Secondly, there seems to be quite a few other companies, namely Veratemp and Veridian, that are currently marketing similar devices using technology that "might" infringe on this same patent, yet Exergen doesn't seem to be suing them.
To conclude, I have three questions I'm hoping someone could help to answer.
Why would Exergen not be suing these other companies too?
If Exergen terminated their previous patent US6292685, would this make the technology "prior art" or does it continue to be protected through their new patent?
If other patents were filed more than 20 years ago, which described measuring core body temperature as a function of surface temperature over an artery against ambient temperature, would their patent become invalid and technology be considered "prior art"?