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Eagle View vs. Nearmap: Federal Court Stays Aerial Imagery Patent Case Pending PTAB Review

Updated on Dec. 10, 2025 | Written by Patsnap Team

Introduction

In a decision reflecting modern patent litigation strategy, the U.S. District Court for the District of Utah has ordered a stay of the patent infringement battle between aerial imagery competitors Eagle View Technologies and Nearmap US. The court’s August 2025 order states: “ORDERED that all proceedings in the case are stayed and the Clerk’s Office shall administratively close the case” pending outcomes at the USPTO and Federal Circuit. This aerial imagery patent infringement case involves eight patents fundamental to automated measurement and geospatial mapping, highlighting the complex interplay between district court and administrative proceedings. For patent attorneys, this ruling illustrates strategic considerations in coordinating multi-forum IP disputes.

💡 Key Insight: This stay order exemplifies a common defense strategy: using USPTO proceedings to pause district court litigation, requiring patent holders to address validity challenges before pursuing infringement claims.

Case Summary

FieldDetails
Case NameEagle View Technologies, Inc., et al. v. Nearmap US
Case Number2:21-cv-00283
CourtU.S. District Court for the District of Utah (District Court)
Filing/ClosureMay 4, 2021 – August 25, 2025 (1,574 days)
OutcomeStayed and administratively closed pending PTO and Federal Circuit proceedings
PatentsUS10528960B2, US8542880B2, US9514568B2, US10685149B2, US8593518B2, US8670961B2, US8209152B2, US9135737B2
ProductsNearmap MapBrowser, Nearmap on OpenSolar
Plaintiff CounselGibson Dunn & Crutcher LLP; Kirkland & Ellis, LLP; Wilson Sonsini Goodrich & Rosati; Allen Overy Shearman Sterling US LLP; Manning Curtts Bradshaw & Bednar PLLC; Parsons Behle & Latimer; Reichman Jorgensen Lehman & Feldberg, LLP
Defendant CounselFish & Richardson, P.C.; Paul, Weiss, Rifkind, Wharton & Garrison LLP; Groombridge Wu Baughman & Stone LLP; Hatch Law Group PC
Termination BasisCase Stayed (pending parallel proceedings)

Case Overview

The Parties

  • Plaintiffs: Eagle View Technologies, Inc., a provider of aerial imagery and data analytics, joined by Pictometry International, Corp. (now part of Eagle View). They maintain patent portfolios in photogrammetry and image-based measurement.
  • Defendant: Nearmap US, a subsidiary of Nearmap Ltd., offering subscription-based aerial imagery and map content.

The Patent(s) at Issue
The lawsuit asserted eight U.S. patents covering automated roof measurement, orthorectification, and 3D modeling from aerial images. These represent core technologies in competitive geospatial markets. To understand such imaging patent landscapes, research patent families on Patsnap Eureka IP.

The Accused Product(s)
Eagle View alleged infringement centered on Nearmap’s “Nearmap MapBrowser” and “Nearmap on OpenSolar”, which provide aerial maps and measurement tools for design applications.

Legal Representation
Both sides engaged substantial legal teams, indicating the commercial importance of this aerial imagery patent infringement dispute.

Litigation Timeline & Procedural History

  • Filing & Venue: Eagle View filed suit on May 4, 2021, in the District of Utah (PACER Case No. 2:21-cv-00283).
  • Procedural Path: The case progressed through claim construction and discovery while parallel USPTO proceedings advanced.
  • The Stay Order: On August 25, 2025, Judge Ted Stewart ordered the stay, deferring to administrative review processes.
  • Duration Analysis: The 1,574-day duration reflects significant pre-trial activity before the court applied judicial efficiency principles under 35 U.S.C. § 314.

The Outcome: A Strategic Pause

The court did not rule on infringement. It stayed all proceedings, ordering administrative closure until completion of PTO and Federal Circuit proceedings.

Verdict Cause Analysis

Judge Stewart’s decision applies standard factors for staying a case pending administrative review:

  1. Simplification of Issues: USPTO validity determinations may simplify or moot district court issues.
  2. Stage of Litigation: The case was advanced without a set trial date, making a stay less prejudicial.
  3. Burden Reduction: Avoids trial preparation on claims potentially invalidated by the expert tribunal.

This strategic pause offers insights for tracking litigation trends with Patsnap Eureka IP, particularly regarding district court-PTO interplay.

  • ⚖️ For Accused Infringers: The ruling illustrates using USPTO challenges to manage district court timing. Effective prior art identification supports this strategy.
  • ⚖️ For Patent Holders: Highlights importance of prosecuting robust patents that withstand post-grant review. Portfolio strength requires resilience.
  • 🔬 For R&D Teams: Reinforces comprehensive freedom to operate (FTO) analyses assessing both infringement risk and validity challenges.

Industry & Competitive Implications

This Utah District Court patent case reflects trends in geospatial technology competition. Companies increasingly employ multi-forum IP strategies. Stay pendency affects settlement dynamics, potentially altering negotiation leverage. For businesses in this space, analyzing patent landscapes on Patsnap Eureka IP provides competitive intelligence.

  • 📊 For Patent Litigators:
    • Timing of stay motions is strategic; early filing may optimize cost savings.
    • Coordinate claim construction positions across district court and USPTO proceedings.
  • 📊 For IP Professionals:
    • Portfolio evaluation should include post-grant challenge resilience.
    • USPTO proceedings should be integrated into overall defense planning.
  • 🔬 For R&D Teams:
    • Document design alternatives for potential non-infringing implementations.
    • Monitor both court and administrative proceedings for complete risk assessment.

Explore similar cases on Patsnap Eureka IP to benchmark litigation approaches.

FAQ

Q: What was the ruling in the Eagle View v. Nearmap patent case analysis?
A: The court stayed and administratively closed the case pending completion of proceedings before the PTO and Federal Circuit, without ruling on infringement.

Q: What was the basis for the stay in this case?
A: The court applied judicial efficiency factors, finding that awaiting administrative determinations would simplify issues and reduce litigation burdens.

Q: How might this affect aerial imagery patent litigation?
A: It reinforces USPTO proceedings as a strategic venue for challenging patent validity, potentially encouraging concurrent challenges to seek district court stays.


This analysis is based on public records from the U.S. District Court for the District of Utah, Case No. 2:21-cv-00283. For the official docket, visit PACER. This content is for informational purposes only and does not constitute legal advice.

Start your patent research on Patsnap Eureka IP for strategic portfolio insights. Contact our IP team for case analysis of similar disputes.

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