Checkster Does Not, And Never Has, Practiced The Invention Described In That PatentMill Valley, Calif. - April 24, 2015 - In order to provide accurate information to its customers and the marketplace, Checkster LLC, issues this statement regarding a complaint for patent infringement filed against Checkster by its competitor, Skillsurvey Inc., on April 6, 2015.
“Skillsurvey’s lawsuit is without merit,” stated Checkster CEO Yves Lermusi. “The lawsuit contends that Checkster’s product offerings infringe claims of Skillsurvey’s ‘416 patent, when, in fact, Checkster does not, and never has, practiced the invention described in that patent.”
Checkster has retained Fenwick & West, LLP, one of the top patent litigation firms in the nation, to defend it. Fenwick partner David Schumann stated:
“It is a basic principle of patent law that in order to infringe a patent, the accused product or service must practice every part of at least one of the claims that are listed at the end of the patent. All of the claims of the ‘416 patent require comparing reference scores from one job candidate to scores of a pool of candidates, which the ‘416 patent claims call ‘benchmarking.’ See ‘416 patent at column 12, lines 4-7; column 14, lines 62-65. As the patent explains, ‘[t]he benchmark scores represent competencies that are stored on an industry-wide basis, company-wide basis or company-specific job position type basis . . . the weak areas are identified by comparing an averaged score for each question against a benchmark score from the benchmark database . . . .’ See ‘416 patent at column 7, lines 36-59.”
“Checkster’s product offering does not perform this benchmarking step,” Lermusi states. “Checkster does not make statistical comparisons between candidates and benchmarks because it can lead customers to wrong conclusions and decisions. Because Checkster’s product does not perform this required part of every claim of the ‘416 patent, Checkster simply is not infringing the ‘416 patent.'”
Lermusi continued: “Checkster respects the principles of intellectual property. We also respect the principles of fair competition. We will continue to compete lawfully in the marketplace.”
As the leader in web-based talent decision tools, Checkster enables organizations to make better talent decisions. Using the new science of collective intelligence and ubiquity of social networks to deliver fast, accurate social ratings, Checkster gives organizations certainty in new hire decisions and employee promotions.
Checkster utilizes the latest technologies to offer its customers and candidates a unique, seamless experience that attains results. The Automated Reference Checkup assesses talent pre-hire by upgrading the traditional telephone reference check. The Interview Checkup gives interview debriefs a new level of objectivity. The 360 Checkup provides new hire quality validation, 360 assessment and developmental feedback to current employees.
Based in the San Francisco Bay Area, Checkster’s products are chosen by many Fortune 500 companies and providers of HR services. The company aims to improve the world’s productivity and harmony by increasing job fit and work achievement, as well as personal career satisfaction and fulfillment.
To contact Checkster, visit www.checkster.com.