Wednesday, October 30, 2013

Toshiba, Telecomm Innovations Settle Suit over Data Transmission Technique

Case Filed: Oct 04, 2012

Case Closed: Oct 23, 2013

Court: Delaware District Court

Judge: Sue L. Robinson

Case Summary:

A patent infringement suit was filed by Telecomm Innovations against Toshiba for violating their US patent number US5396519 related to encoding data for transfer over a communication channel. The patent entitled ‘Method and apparatus for adaptively providing precoding and preemphasis conditioning to signal data for transfer over a communication channel’ was legally issued to William L. Betts and Edward S. Zuranski on Mar 07, 1995 and expired[i] on Oct 22, 2013. The patent was last assigned[ii] to Clearwater Innovations (source: MaxVal’s Assignment Database) and as per the complaint, Telecomm was the assignee with the rights to enforce and prosecute actions for infringement of the ‘519 patent.

In the 5 page complaint document, plaintiff alleged that defendant infringed the ‘519 patent by making use of the products that incorporate dial up modems or functionalities that perform the signal conditioning method outlined in the patent-in-suit. Telecomm named Toshiba’s fax cable products such as e-Studio 170F, e-Studio 190F, e-Studio 240C, e-Studio 3040, etc. as infringing. Further, the complaint specified that defendant was made aware of the ‘519 patent and their infringement. Telecomm sought Court for relief including judgment that the patent-in-suit has been infringed as well as damages for willful infringement.

Plaintiff on Oct 18 filed stipulation of dismissal, considering which the Court granted and ordered the civil action to be dismissed without prejudice with no charges imposed on any parties.

See case 1:12-cv-01280 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[i] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent
terms and expiration dates for U.S. utility patents.
[ii] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

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