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.
Patent-in-suit:
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
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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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