Court Stays Samsung, Fractus S.A Patent Litigation

Case Filed: Feb 28, 2013

Case Closed: Aug 02, 2013

Court: Texas Eastern District Court

Judge: Leonard Davis

Case Summary:

A patent infringement suit was filed by Fractus, S.A, a manufacture of fractal antennas for mobile phones and wireless consumers against Samsung alleging violation of four patents. The patents involved in the suit were: 

• U.S. Pat. No. 7,015,868 issued on Mar 21, 2006
• U.S. Pat. No. 7,123,208 issued on Oct 17, 2006
• U.S. Pat. No. 7,397,431 issued on Jul 01, 2008
• U.S. Pat. No. 7,394,432 issued on Jul 08, 2008

All these patents are entitled ‘Multilevel Antennae’ and expire[i] by Sep 20, 2019. Fractus is the current assignee[ii] of the patents (source: MaxVal’s Assignment Database). Plaintiff alleged that Samsung infringed its patents by manufacturing products, including mobile phones with internal multiband antennas as covered in the patented technology. Plaintiff sought judgment of infringement, money damages, permanent enjoinment from using their patents and attorneys’ fees and other relief, the Court may deem just and proper.

On the 1^st of Aug, parties have requested Court to hold the case until they reach an agreement. Upon consideration, Judge granted parties’ Motion to Stay and to administratively close the case. The case will be stayed until Mar 15, 2014 by which time the parties are required to finalize their agreement.

See 6:13-cv-00210 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Are you looking for a tool to calculate patent terms? Try Patent Term Estimator, our free tool or download our free Android app on Google Play Store.   

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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.

AMS Files for Declaratory Judgment against eTAGZ’s Patents

On Tuesday, November 20, 2012, AMS (plaintiff) filed a complaint for declaratory judgment of non-infringement and patent invalidity against eTAGZ (defendant) in the U.S. District Court of Winconsin (case no. 3:12-cv-00843).

AMS is engaged in the business of manufacturing and selling bow fishing equipment. eTAGZ is involved in digital shopping marketing initiatives for manufacturers, retailers and content providers to drive merchandise sales and capture new consumers.

The patents involved in this are suit are owned by the defendant eTAGZ and are listed below:

Patent Number Current Assignee[i]	Issue Date	Expiration Date[ii]	Title
US6298332 eTAGZ	Oct 02, 2001	May 06, 2019	CD-ROM product label apparatus and method
US7503502 eTAGZ	Mar 17, 2009	May 06, 2019	Computer readable hang tag and product
US7703686 eTAGZ	Apr 27, 2010	May 06, 2019	Consumer-computer-readable product label apparatus and method

Note: Table information sourced from MaxVal’s Assignment Database.

As per the complaint, around September 7, 2012, AMS received a letter from eTAGZ stating that their products including a fishing product with a DVD package utilize the inventions embodied in the ‘332, ‘502, ‘686 patents. All these patents relate to a CD-ROM product label apparatus and method. AMS alleges that fishing product with a DVD package does not meet the interpreted limitations of any claim in the above patents and therefore does not infringe them. The declaratory judgment complaint further seeks a ruling that the above 3 patents are invalid. 

Fig.1 Reel Bowfishing DVD

AMS has filed a patent infringement suit on Allen Company and the details are as follows:

Case Number	Date Filed	Status
3:11-cv-00154	03/01/2011	Open

If you are interested in knowing more about the above case, please contact us.

For more details, visit MaxVal-IP and 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.