Monday, June 2, 2014

Penovia Voluntarily Dismisses Case before Motorola’s Response

Case Filed: Mar 13, 2014

Case Closed: May 28, 2014

Court: Texas Eastern District Court

Judge: Rodney Gilstrap

Case Summary:
Patent holding company Penovia filed an infringement suit against Motorola accusing them of infringing the company’s patented technology for office machine monitoring device.

Patent in Suit:
The patent in question was: US5822221 entitled ‘Office machine monitoring device,’ duly issued by UPSTO on Oct 13, 1998 and normally expiring[i] by Dec 04, 2016. However, according to USPTO, the ‘221 patent expired around Nov 2010, because its owner, the inventor Frank S. Groenteman, was not able to pay the maintenance fee. Later, Penovia acquired the patent and is the current assignee[ii] of the ‘221 patent (source: MaxVal’s Assignment Database).

As in Complaint:
The complaint alleged that Motorola infringed the patent, which covers a device that can wirelessly transmit messages to and receive communications from office machines such as computers. Defendant is alleged to have directly infringed the ‘221 patent by making, using, importing, selling and/or offering of products or services related to office machine monitoring devices, the complaint said. The accused product includes Motorola MC3100 Series Mobile Computer. Penovia demanded a jury trial on all issues so triable.

Case End:
Motorola filed applications for extension of time to answer the complaint, which was granted. Penovia filed a notice of voluntary dismissal before Motorola filed a response to the complaint. The dismissal notice stated that according to Rule 41(a)(1), an action may be dismissed by the plaintiff without order of court by filing a notice of dismissal at any time before adverse party answers. Accordingly, Penovia voluntarily dismissed defendant with prejudice, thereby ending the case.

Other Cases by Penovia:
Since 2013, Penovia has been filling cases against various electronics and mobile industries including Canon, Philips, Xerox, Samsung, Nokia, Apple, Acer, HP, Microsoft, etc., asserting the same patent.

See 2:14-cv-00227 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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