Responding to a just lately lodged VoIP-Pal patent lawsuit, Apple in a criticism filed Thursday says it doesn’t infringe on the non-practicing entity’s mental property and contends that the patents-in-suit are invalid.
Final week, VoIP-Pal, a agency that exists solely to leverage voice over IP patents in opposition to bigger know-how corporations in courtroom, lodged a recent lawsuit in opposition to Apple within the Western District of Texas, claiming the iPhone maker’s iMessage and FaceTime merchandise infringe owned mental property. The criticism is one in a protracted line of authorized actions VoIP-Pal has taken in opposition to Apple over the previous 5 years.
In its submitting with the U.S. District Courtroom for the Northern District of California as we speak, Apple argues that its companies don’t infringe on VoIP-Pal IP. Additional, the patent troll’s clutch of patents, together with the pair most just lately asserted in Western Texas, are invalid. VoIP-Pal’s authorized technique follows a well-recognized, if not efficient, sample that dates again to no less than 2016, Apple suggests.
“Defendant VoIP-Pal.com, Inc. (“VoIP-Pal”) is a serial (albeit unsuccessful) litigator. Its 4 prior circumstances in opposition to Apple have resulted in (1) ultimate judgment in favor of Apple based mostly on the invalidity of the 2 patents-in-suit; (2) ultimate judgment once more in favor of Apple based mostly on the invalidity of 4 patents-in-suit; (3) voluntary dismissal of a criticism filed within the Western District of Texas; and (4) delivering a covenant not-to-sue to Apple in an try to flee invalidation of two extra patents.”
In cataloguing VoIP-Pal’s makes an attempt to make use of its IP in an try and extract cash from bigger corporations, Apple factors to a 2016 go well with involving AT&T and Verizon that sought a complete of $7 billion for infringement of two VoIP patents. The courtroom discovered all asserted claims invalid, a choice upheld by the Federal Circuit.
A subsequent criticism in 2018 pulled in Amazon and leveraged 4 patents from the identical household because the 2016 motion. Every asserted declare was discovered invalid, with the judgment once more affirmed by the Federal Circuit.
Switching gears, VoIP-Pal took its battle to the patent holder-friendly Western District of Texas, although that motion was stayed. The patent troll tried to dismiss its California go well with in a bid to keep away from an unfavorable ruling, however the effort was blocked and finally resulted within the dismissal of the Western Texas case and a restricted covenant with Apple in 2020.
The detente did not final lengthy, with VoIP-Pal lodging a brand new go well with within the Western District of Texas. Together with Apple, VoIP-Pal lodged complaints comparable in opposition to AT&T, Verizon, Amazon, Fb/WhatsApp, Google, and T-Cell final week. The newest filings are based mostly on IP from the identical patent household and claims infringement of VoIP know-how.
“VoIP-Pal is as soon as once more making an attempt to discussion board store, and it’s as soon as once more asserting patents which are invalid,” Apple says.
There are a variety of excellent points which have but to be resolved, together with motions to dismiss previous lawsuits and intradistrict case assignments, however Apple maintains that its merchandise don’t infringe on VoIP-Pal’s patents. With this newest request for declaratory judgment, Apple seeks to halt VoIP-Pal’s latest salvo earlier than it muddies already murky waters.
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