Tuesday, February 25, 2014

CyberFone Sues Xerox for Alleged Telecom Patent Infringement

Case Filed: Feb 21, 2014

Court: Texas Eastern District Court

Case Summary:

CyberFone, an IP licensing company claimed violation of their patent covering data transaction to applications in the wireless, telecommunications, financial and other industries. CyberFone is the current assignee[i] of the US6044382 patent, entitled “Data Transaction Assembly Server” (source: MaxVal’s Assignment Database), which the United States Patent & Trademark Office duly issued on March 28, 2000. The patent is scheduled to expire[ii] by May 19, 2015.
The inventions of the ’382 patent are applicable to form-based data transaction processing. The complaint says, the ’382 patent has already been the subject of over thirty licensing agreements, which generated over $15 million in licensing revenue.
Xerox’s Infringing Products and Methods
As the complaint claims, Xerox uses form-based data transaction processing platforms comprising a transaction entry device / transmission assembly server, a transmission medium and a server connected to the transaction entry device via the transmission medium including, the Xerox Work Centre 7220 and Work Centre 7225 multi-function printers and Xerox ConnectKey Share to Cloud (“Xerox Infringing Products”).

It further claimed that defendant directly infringes, literally or under the doctrine of equivalents, the ’382 patent by making, using, offering to sell, and/or selling, and/or importing into the United States, without authority, the above mentioned form-based data processing platforms. Defendant’s direct infringement includes (i) making and using the apparatus of at least claim 19 and (ii) practicing the method of at least claim 13.

Prayer for Relief
CyberFone asks the Court to permanently enjoin the use of the form-based data processing platforms created using the patented methods of the ’382 patent; awarding costs and expenses in this action; and awarding pre/post-judgment interest on its damages.

See 2:14-cv-00112 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[i]MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.
[ii]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.

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