|
Research in Motion Hit with Another Patent Infringement Lawsuit
TMCnet Associate Editor
Today, a company called Visto Corporation, a provider of platforms for mobile operators, filed a lawsuit against RIM, claiming the company willfully infringed on four of Visto’s patents.
On Friday, the Redwood Shores, California-based company won an intellectual property lawsuit against Seven Networks. The lawsuit was similar to the one Visto is now pursuing against RIM.
According to a press release from Visto, “The jury found that Seven’s mobile email service infringes on the system that Visto created over the past decade. They further found this infringement to be willful on all claims brought to trial.”
Damages awarded to Visto by the jury amount to “a royalty rate equivalent to 19.75 percent of Seven’s infringing products’ revenue, or about $3.6 million,” Visto said.
Visto’s CEO, Brian Bogosian added: “The court is expected to hold a hearing concerning an injunction against Seven Networks that would prohibit the further use of their infringing system.”
Three out of four of the patents cited in the lawsuit against Seven Media are identical to those named in the suit against RIM. The four patents are:
- U.S. Patent No. 6,708,221, “System And Method For Globally And Securely Accessing Unified Information In A Computer Network” (issued March. 16, 2004)
- U.S. Patent No. 6,023,708, “System And Method For Using A Global Translator To Synchronize Workspace Elements Across A Network” (issued February 8, 2000)
- U.S. Patent No. 6,085,192, “System And Method For Securely Synchronizing Multiple Copies Of A Workspace Element In A Network” (issued July 4, 2000)
- U.S. Patent No. 6,151,606, “System And Method For Using A Workspace Data Manager To Access, Manipulate And Synchronize Network Data” (issued November 21, 2000)
In the complaint filed by Visto on April 28, 2006 against RIM, Visto is seeking the following as relief:
1. To have RIM stop making and selling all products Visto claims are protected by its patents.
2. To have RIM destroy all products previously produced that Visto claims are protected by its patents.
3. To have RIM pay Visto “its actual damages, including lost profits and price erosion.”
4. To have the court: “order an accounting for damages,” “declare this to be an exceptional case pursuant to 35 U.S.C. 285 and award Visto its attorneys’ fees,” “award enhanced damages pursuant to 35 U.S.C. 284,” award Visto costs of court, and award Vistso “such other relief as the Court deems just and proper.”
5. To have the complaint brought to a jury trial.
Daniel Mendez, co-founder of Visto, commented in a statement to the press: “We have invested tens of millions in capital from loyal and patient investors to bring our products from invention to market. But we are still a small company, and we can only succeed and innovate if large companies are kept from violating the laws that protect inventors and innovators,” Méndez said.
He added: “We’ll excel given a level playing field, but when others simply take what is ours, we must insist that the laws of the land be enforced. We ask for nothing more, and nothing less.”
In the press release, Visto officials exuded confidence that their suit against RIM will be a winner.
“There was no ambiguity in the jury’s decision,” Bogosian said. “Likewise we believe that RIM’s infringement of Visto’s technology will be halted.
Bogosian added: “RIM must understand that there is no place in the mobile email space for this sort of behavior. Under the law, which protects consumers from products that contain infringing technology, RIM should not be able to sell the BlackBerry system.”
The company added that its case against RIM is strengthened by the fact that patent 6,085,192 (the third of those listed above) recently was upheld as valid after a re-examination by the United States Patent and Trademark Office.
----
Editorial note: For more about BlackBerry and its March, 2006 settlement of a patent infringment lawsuit brought by NTP, Inc., see the following articles.
-----
Mae Kowalke previously wrote for Cleveland Magazine in Ohio and The Burlington Free Press in Vermont. To see more of her articles, please visit Mae Kowalke’s columnist page.
[ Back To TMCnet.com's Homepage ]
|
TMCnet LOGIN
Webinars
