 |
|
|||||||||||||||||||
| Patent Infringement News |
||||||||||||||||||||
|
||||||||||||||||||||
.................................................................................................................................................................................................................................... |
||||||||||||||||||||
CEIVA Files Motion for Preliminary Injunction in Patent Lawsuit Against Frame Media May 7, 2009 − CEIVA Logic, Inc., (CEIVA) the leading provider of photo sharing services and connected digital photo frames, has filed a motion in federal district court in Los Angeles seeking a preliminary injunction against Frame Media, Inc. (Frame Media). The motion relates to CEIVA's pending lawsuit against Frame Media and Digital Spectrum Solutions (DSS) alleging they infringe CEIVA's U.S. Patent No. 6,442,573 entitled, "Method and Apparatus for Distributing Picture Mail to a Frame Device Community." CEIVA's preliminary injunction motion asks the court to enjoin Frame Media from operating its web-based "FrameChannel" photo sharing and image distribution service, which CEIVA alleges directly infringes its patent, pending trial set for May, 2010. Ceiva also filed a motion for summary determination asking the court for a finding of patent infringement against Frame Media based on the present facts of the case. Both motions are scheduled for hearing on June 1, 2009. CEIVA's motions are part of its pending federal lawsuit for patent infringement against Frame Media and DSS filed in June 2008, which asks the court for damages for patent infringement and for a permanent injunction to prevent Frame Media and DSS from making, using or selling systems or products that infringe CEIVA's patent. CEIVA is represented in the lawsuit by Gary Hecker of The Hecker Law Group in Los Angeles, CA. CEIVA first introduced its revolutionary connected Digital Photo Frame™ and PicturePlan® photo sharing services in 2000. Ceiva obtained its first patent in 2002 and has additional patents pending. About CEIVA Logic, Inc. ### Presstek Wins an Important Patent Infringement Judgment April 23, 2009 − Presstek, Inc. (NASDAQ:PRST), a leading manufacturer and marketer of digital offset printing solutions, today announced that it has achieved a favorable judgment in an important patent infringement case against VIM Technologies, Ltd. Under the court order entered by the Regional Court of Dusseldorf, Germany on April 20, 2009, VIM Technologies, the German distributor Reinsch Handel and the owner of the distributor, Andreas Reinsch, have been ordered to cease all sales of VIM printing plates which were the subject of the patent infringement lawsuit brought by Presstek. The Court determined that VIM's printing plates Di-R-28, Di-R-36, Dp-R-28 and Dp-R-36 infringe upon Presstek's German part of the European Patent 0 580 393 B1 and did not agree with the invalidity arguments raised by VIM in a separate nullity suit pending at the Federal Patents Court in Munich. In addition, VIM, Reinsch Handel and Andreas Reinsch have been ordered by the Court to furnish Presstek with all advertising and sales information related to VIM sales in Germany, including the identity of parties to whom sales have been made, prices, volumes, costs and profits earned on the sales, to enable Presstek to calculate damages. The judgment shall become valid after having been served upon the defendants. The judgment may be appealed, but Presstek may enforce it immediately upon the posting of a bond. The aforementioned nullity suit initiated by VIM against Presstek remains pending. In commenting on the judgment, James R. Van Horn, Presstek's General Counsel, said, "This is an important victory in Presstek's ongoing efforts to protect its valuable and legally protected intellectual property. While Presstek welcomes fair competition in the marketplace, we will not allow parties like VIM to gain unfair standing in the market by appropriating our technology. This judgment should serve as a warning that the purchase and use of VIM products violate patent rights and come with the risk of significant liability." In addition to this proceeding in Europe, in February 2008, Presstek filed a Complaint with the International Trade Commission (ITC) against Israeli printing plate manufacturer VIM Technologies, Ltd. and its manufacturing partner Hanita Coatings RCA, Ltd. for infringement of Presstek's patent and trademark rights. Presstek also sued four U.S. based distributors of VIM products: Spicers Paper, Inc., Guaranteed Service & Supplies, Inc., Ohio Graphco Inc., and Recognition Systems Inc., as well as one Canadian based distributor, AteCe Canada. Presstek subsequently settled with Ohio Graphco Inc., which agreed to stop selling the VIM product and to cooperate in the ITC's investigation. Presstek is seeking from the ITC in a hearing that commenced on April 22, among other things, an Order from the ITC forbidding the importation and sale of the VIM printing plates in the United States; such an Order would be enforced at all U.S. borders by the U.S. Customs Service. On March 30, 2009, as part of a settlement in a separate lawsuit brought by Presstek against a VIM distributor, Prograf Digital Service and its principal, Joseph Musgrave, the United States District Court for the District of New Hampshire issued an injunction against Prograf and Musgrave, prohibiting them from the sale of VIM printing plates. About Presstek ### U.S. District Court Enters Patent Infringement Final Judgment Against Mobile 365 in Favor of TeleCommunication Systems April 7, 2009 − TeleCommunication Systems, Inc. (TCS) (NASDAQ:TSYS), a leading provider of wireless communications technology today announced that the U.S. District Court for the Eastern District of Virginia has entered final judgment in the Inter-Carrier Messaging patent infringement case against Mobile 365, Inc. (now known as Sybase 365). Judgment was entered against Sybase 365 that it has infringed U.S. Patent No. 6,985,748, the patent is not invalid, and Sybase 365 must pay approximately $12M in damages, which includes past damages through May 2007 based on a 12 percent post-issuance royalty. The final judgment does not account for any continued infringement by Sybase 365 after the May 2007 jury verdict. Accounting for any damages arising after the jury verdict will be addressed later by the Court, based on the outcome of any appeal in the case. The Court also permanently enjoined and restrained Sybase 365 (and Sybase, Inc.) from further infringement. The award of damages and the permanent injunction against Sybase 365 are stayed pending appeals and further order of the court. The case was originally filed on July 12, 2006, against Mobile 365 (now Sybase 365, a subsidiary of Sybase Inc.) for infringement related to U.S. patent No. 6,985,748, Inter-Carrier Short Messaging Service Providing Phone Number Only Experience ("the '748 patent"), issued to TCS. U.S. Patent No. 7,430,425, which shares the same priority date as the '748 patent, issued on September 30, 2008 adding claims describing a method for inter-carrier digital message with user data payload messaging, and on November 26, 2008 U.S. Patent No. 6,658,260, which is the original patent issued on which the '748 patent is based, was allowed for reissuance. About TeleCommunication Systems, Inc. (TCS) ### e.Digital Announces Licensing and Settlement Agreement With Olympus April 1, 2009 − Digital Corporation (OTCBB:EDIG), a leading technology innovator of dedicated portable entertainment systems and patented flash memory-related technology, announced today that it has entered into a licensing and settlement agreement with Olympus. Under the terms of the confidential agreement, Olympus obtained a license and release on all e.Digital foreign and domestic patent rights, including the Company's Flash-R™ patent portfolio, and e.Digital received a one-time licensing fee. e.Digital's Flash-R patent portfolio covers certain aspects of the use of flash memory in the large and growing portable electronic products market. The Company introduced the first portable recorder with removable flash memory in 1993 and believes its patent portfolio to be essential to many consumer electronics products that utilize flash memory including cell phones, digital cameras, camcorders, PDAs and other popular devices. In September 2007 and March 2008, the Company filed its first round of Flash-R portfolio patent infringement litigation against eight defendants. "We're pleased to have ended our fiscal 2009 favorably licensing and settling six of the eight cases that initiated our efforts to monetize our important IP portfolio," remarked Robert Putnam, senior vice president of e.Digital Corporation. "We look forward to further legal and licensing activity this fiscal year." About e.Digital Corporation: ### MOSAID and Micron Settle Patent Litigation February 2, 2009 − Micron Technology, Inc. and MOSAID Technologies Inc. (TSX:MSD) today announced that the companies have entered into agreements whereby Micron will license MOSAID's patent portfolio and MOSAID will acquire 400 Micron patents. The agreements settle all of the pending litigation between the companies. ### General Patent Corporation Consummates Four More Licenses for Web-Based Prediction Marketplace − Patent Licenses Are the Result of a Patent Infringement Lawsuit General Patent Corporation (GPC) announced today that its client, Renhcol, Inc., the owner of Patent No. 6,260,019 titled "Web-Based Prediction Marketplace," settled its patent infringement lawsuit with Pregame LLC, 1402487 Ontario Limited, IGC Entertainment Corporation and National Sports Services (IGC), Inc. February 19, 2009 − General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc., that four additional licensing agreements for the "Web-Based Prediction Marketplace" Patent have been finalized as a result of settlements in a patent infringement lawsuit with Pregame, LLC ( Las Vegas, NV), 1402487 Ontario Limited (Toronto, ON), IGC Entertainment Corporation (Vancouver, BC) and National Sports Services (IGC), Inc. (Las Vegas, NV). Renhcol, Inc. owns the patent-in-suit, No. 6,260,019 titled "Web-Based Prediction Marketplace" that pertains to the on-line prediction of future events. The patent infringement lawsuit (2:08-cv-00388) was filed in the Eastern District of Texas. In January 2009, Pregame, LLC, settled the lawsuit and took a license under the patent-in-suit. 1402487 Ontario Limited, IGC Entertainment Corporation, National Sports Services (IGC) and Pregame were all defendants in the patent infringement lawsuit, and all companies agreed to settle the lawsuit and license the Patent. This Patent was the subject of a previous lawsuit that resulted in a settlement and six licenses for the Patent. General Patent Corporation represents Renhcol, Inc. as its exclusive licensing agent. "We are pleased to have reached an amicable settlement with four of the defendants in this lawsuit, and we look forward to settling with the rest of them," said Paul Lerner, General Patent's Sr. Vice President and General Counsel. "Renhcol, Winning Edge and Betbrokers are very pleased that General Patent has licensed ten companies for our Patent," said Wayne Root, CEO of Winning Edge International, Inc. Winning Edge and Rehncol are both subsidiaries of Betbrokers PLC (LSE: BETB). A non-exclusive license under the Patent is available on reasonable and non-discriminatory terms. For licensing terms, contact at Paul Lerner at 845-368-4000 x104. About Renhcol: About General Patent: ### PatentCafe Wins License with Patent Infringement Insurance Company Leader September 23, 2008 − PatentCafe, the world leader in artificial intelligence based patent research and portfolio management solutions, today announced that Louisville, Kentucky based Intellectual Property Insurance Services Corporation (IPISC) has selected its ProSearch™ patent search engine for patent insurance underwriting due diligence. PatentCafe introduced the first successful Latent Semantic Analysis (LSA) patent search engine, and after five years remains the only provider of patent search and management solutions based on an artificial intelligence. LSA finds important patents that older keyword search engines miss - even if the most closely related patents don't contain the keywords used in the search query. IPISC's 20-year success record in evaluating patents for offensive and defensive insurance underwriting is unmatched. During the underwriting process, IPISC's patent and legal analysts assess the potential for a lawsuit. Its proprietary due diligence methods use a variety of proven quality metrics to analyze patents for infringement risk. Patent portfolio custodians are continually challenged to protect or increase the value of corporate patent assets through better strategic knowledge, and to mitigate financial risks associated with potential infringement litigation. IPISC's Insurance products, coupled with more intelligent patent research tools, help companies mitigate risk, and empower patent owners to assertively protect their market positions with less concern about "staying in the game" throughout the long litigation process. IPISC will use PatentCafe's LSA research solutions for more thorough patent due diligence prior to underwriting new infringement policies. Fletcher, pioneer of today's IP insurance industry, wrote the first-ever policy for IP Infringement Abatement more than 20 years ago. His company provides abatement insurance that increases the litigation war chest when a patent owner must sue for infringement, and defense insurance that provides funds to defend against an infringement suit brought by an adversarial patent owner. PatentCafe's CEO, Andy Gibbs, says: "With infringement litigation trends going only one way, we're relentless in developing increasingly intelligent patent research solutions to deliver better patent knowledge. IPISC's incorporation of our tools for assessing Fortune 500 company patent assets for multi-million dollar patent insurance policies, acknowledges the veracity of our artificial intelligence solutions." Gibbs adds: "It's not only smart business, but a fiduciary obligation for CXOs to use the most intelligent research tools and tailored insurance products to help manage corporate patent assets. I believe, quite objectively, that there's no better product combination for patent asset management than IPISC's insurance, and PatentCafe's research tools". About IPISC (www.ipisc.com) About PATENTCAFE (www.patentcafe.com) ### Pitchware Announces Settlement in Patent Infringement Action Pitchware, Inc. and Career Marketplace, Inc. have settled all pending patent infringement claims in Civil Action No. 08-CV-01848 in the United States District Court for the Northern District of California. August 24, 2008 − Pitchware, Inc. and Career Marketplace, Inc. have settled all pending claims in Civil Action No. 08-CV-01848 in the United States District Court for the Northern District of California and have entered into a confidential settlement and patent license agreement. Pitchware initiated the patent infringement action against Career Marketplace, Inc., Monster Worldwide, Inc., CareerBuilder, LLC, Gannette Co., Inc., The McClatchy Company, and Microsoft Corporation in April 2008. ### Renhcol Settles Patent Infringement Lawsuit with Pregame General Patent Corporation (GPC) announced today that its client, Renhcol, Inc., the owner of Patent No. 6,260,019 titled "Web-Based Prediction Marketplace," settled its patent infringement lawsuit with Pregame LLC. January 29, 2009 − General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc. − a wholly-owned subsidiary of Betbrokers PLC (LSE: BETB) − that Renhcol settled its patent infringement lawsuit against Pregame LLC of Las Vegas, NV. A lawsuit against Pregame LLC and several other defendants was filed in October of 2008 in the Eastern District of Texas (2:08-cv-00388) for the infringement of Renhcol's U.S. Patent No. 6,260,019 (the "Patent"). Ultimately, Pregame agreed to settle the lawsuit and license the Patent. General Patent Corporation represents Renhcol as its exclusive licensing agent. "We are pleased to have reached an amicable settlement with Pregame and look forward to settling with the rest of the defendants," said Paul Lerner, General Patent's Sr. Vice President and General Counsel. "Betbrokers, Renhcol and Winning Edge are pleased that settlements are coming quickly in this second lawsuit," said Wayne Root, CEO of Winning Edge International, Inc. Winning Edge is also a subsidiary of Betbrokers PLC. A non-exclusive license under the Patent is available on reasonable and non-discriminatory terms. For licensing terms, contact Paul Lerner at 845-368-4000 x104. Renhcol, Inc. is represented in this lawsuit by the law firm of DiNovo Price Ellwanger LLP, a patent litigation boutique in Austin, TX. About Renhcol: About General Patent: ### Schott Gemtron Wins Patent Infringement Case Against Saint-Gobain Corporation The judgment states that 35 of Saint-Gobain's specifically identified lines of refrigerator shelves that have been or are being imported into, used, or sold in the United States infringe Schott Gemtron's patent. September 24, 2008 − The United States District Court for the Western District of Michigan has entered Final Judgment in favor of Schott Gemtron Corporation and against Saint-Gobain Corporation (case # 1:04CV0387) for violating Schott Gemtron's United States Patent No. 6,679,573 ("the 573 patent"). The Judgment, which is based on a jury verdict and rulings of the Court, states that 35 of Saint-Gobain's specifically identified lines of refrigerator shelves that have been or are being imported into, used, or sold in the United States infringe the '573 patent. That patent covers refrigerator shelves that are made of a plastic frame and a glass panel that snap together. The Judgment awards Schott Gemtron compensatory damages relating to the sales of refrigerator shelves manufactured by Saint-Gobain Corporation that infringe on the 573 patent. Additionally, the Court issued an injunction against Saint-Gobain relating to the making, using, selling, or offering for sale of refrigerator shelves that infringe upon the 573 patent. The injunction will go into effect if the Judgment is not appealed or if the Judgment is affirmed on appeal. Schott Gemtron applauds the ruling of the court confirming the jury's verdict that our patent is valid and infringed and granting the injunction Schott Gemtron Corporation prides itself on creating innovative solutions to our customers, and this ruling will enable us to continue to do just that. ### DTL Settles Lawsuit with Cingular and AT&T Mobility, and Licenses Key Cell Phone Patent: General Patent Corporation Acts as Licensing Agent General Patent Corporation International (GPCI), a leading patent licensing and enforcement firm, announced today on behalf of its client, Digital Technology Licensing LLC (DTL), that it has settled its patent infringement lawsuits against Cingular Wireless and AT&T Mobility. March 12, 2008 − General Patent Corporation International (GPCI), a leading patent licensing and enforcement firm, announced today on behalf of its client, Digital Technology Licensing LLC (DTL), that it has settled its patent infringement lawsuits against Cingular Wireless and AT&T Mobility. The lawsuit against Cingular Wireless was filed in April 2006 in the Eastern District of Texas (2:06 CV 156) for the infringement of DTL's U.S. Patent No. 5,051,799 ('799 Patent) by GSM cellular telephone systems and services. A second lawsuit was filed against AT&T Mobility (formerly known as Cingular Wireless) in November of 2007 in the District of New Jersey for the infringement of the '799 Patent by UMTS cellular services. Both lawsuits have been settled, and AT&T Mobility has licensed the '799 Patent. "The settlement with AT&T Mobility and Cingular follows licensing deals with Nokia, Ericson and Samsung," said Alexander Poltorak, GPCI's Chairman & CEO. He continued, "This latest agreement is with the largest cell phone service provider in the US." DTL owns U.S. Patent No. 5,051,799 titled "Digital Output Transducer." DTL believes that the technology covered by this patent is used in Adaptive Multi-Rate (AMR) codec and other cellular communication standards including GSM and UMTS. The patented technology is also used to assure backward compatibility of cell phone handsets and base stations. GPCI represents DTL in the licensing and enforcement of the Patent. DTL has also brought patent infringement suits against Verizon Wireless, T-Mobile, Sprint and other companies. "We are pleased to have been able to reach an amicable settled with Cingular," said Paul Lerner, GPCI's General Counsel. "Now we can focus on licensing the rest of the industry." Digital Technology Licensing has been represented by the law firm of Lerner, David, Littenberg, Krumholz & Mentlik, LLP (LDLKM), a well-known patent litigation boutique. LDLKM also represents DTL in related lawsuits against Verizon Wireless, T-Mobile, Sprint/Nextel and Motorola. "After litigating this case for almost two years we were all ready to go to trial," said Stephen Roth of LDLKM, a lead counsel in both cases. "We settled this case a week before the jury selection." Digital Technologies Licensing LLC About General Patent Corporation International About IP Holdings LLC |
||||||||||||||||||||
......................................................................................................................................... |
||||||||||||||||||||
|
||||||||||||||||||||