Case Closed: Jul 12, 2013
Judge: Edward M. Chen
Case Summary:
On May 2013, Canadian unified
communications solutions company, Mitel Networks filed a lawsuit against
Facebook, alleging that the social networking company/website has
infringed on two of its patents. The
patents in suit were:
US5940834,
entitled Automatic web page generator, issued on Aug 17, 1999 and
expiring*
by Mar 13, 2017
US7292685, entitled Pro-active features for telephony, issued on Nov
06, 2007and expiring*
by Dec 06, 2021
The
patents are currently assigned+ to Wilmington Trust (as second collateral agent) (source: MaxVal’s
Assignment Database) and as per the complaint,
Mitel is the assignee and holds the right on the patents.
The
complaint alleged that defendant infringes the patents by offering a web-based
service and/or product via the operation of its website including Facebook user
pages, groups and chat features that are claimed in the ‘834 and ‘685
patents. It is also stated that Mitel
did not receive a response from Facebook for offering to discuss possible licensing
arrangement. Mitel sought:
- A judgment in favor
- Damages adequate to compensate the infringement
- Permanent injunction
- Attorney fees, costs and other expenses to which the Court may deem the plaintiff entitled
The case was originally filed in
District Court of Delaware and was transferred to California as requested by
Facebook. It then filed a request with USPTO for reexamination of claims 1-5 of
the '685 patent.
Both the parties have now agreed
to end the dispute and entered into a confidential settlement agreement, which
is effective from July 03. Pursuant to reaching the agreement, Facebook
withdrew its request to re-examine the ‘685 patent. Mitel filed a joint
stipulation of dismissal and consent judgment. Upon consideration, the Court
ordered the claims and counterclaims to be dismissed with prejudice and no
charges imposed.
See case 3:13-cv-02073 for more details. To
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*
Expected expiration date. Patent Term Estimator is a free web-based tool that
automatically calculates patent terms and expiration dates for U.S. utility
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+
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