Tuesday, May 20, 2014

T-Mobile Sued over MMS Services

Case Filed: May 16, 2014

Court: Delaware District Court                                                                                               
Case Summary:
Wilmington, Delaware-based Novo Transforma Technologies, LLC filed a complaint against Washington-based T-Mobile Inc., an operating entity of the German wireless network operator T-Mobile International AG. The lawsuit concerned the use of MMS services without authorization, which Novo claims to be patented by them in 1998.

The patent US5826034 entitled ‘System and method for transmission of communication signals through different media’ is duly issued by USPTO on Oct 20, 1998 and expires[i] by Aug 09, 2016. Clearwater Innovations is the current assignee[ii] of the patent (source: MaxVal’s Assignment Database) and according to the complaint, Novo is the assignee and owner of the right, title and interest in and to the ’034 patent.

The patent generally relates to an end-to-end payload delivery system and method that effectuates delivery in a media independent manner following the parameters of the delivery that are defined by the sender.

As in complaint:
In Apr 2013, Novo sent a notice letter to T-Mobile informing their infringement of the ’034 patent. It was further claimed that defendant performed or induced performance of some of the claims of the ’034 patent by offering, advertising MMS, distributing phones that support MMS and providing instructions regarding the use of MMS. Novo claims that the infringement by T-Mobile was willful and seeks damages, costs and expenses.

Other Cases by Novo:
Since 2013, Novo has filed nearly two dozen cases against various telecommunication service providers such as AT&T Mobility, Sprint, Nextel, Virgin, Tracfone Wireless, Southern Communications Services, ACS Wireless, Coral Wireless, etc. asserting the same patent.

See 1:14-cv-00613 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] Patent Marker provides an online environment where patentees can virtually mark products and search products for patent-related information.

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