Source: Grill IP patents news
Applying of the precedent decision in the case of Alice Corp. v. CLS Bank International continues and spreads. Seems like only recently the trial between the Australian troll and the bank has been ended, but the reports about new casualties among non-practicing entities – other words, trolls – keep coming. Now we can see another defeat, which obviously is not gonna be the last one.
In the Northern District Court of Texas the litigation between BlackBerry and MTEL has ended. The lawsuit filed against the Canadian smartphone developer, the best in the world by the way, stated that specialists from Toronto had violated two patents US 5,559,862 and US 5,581,804. Is should be noted that these two documents have become legendary among the high-tech manufacturers, and they are related to email management technology maintained by operator servers.
It could not be otherwise. The thing is that at some point the applications were filed and then they have passed expertise. It was a long time ago, and actually the patents were then just sold to the lawyers. Mobile Telecommunications Technologies – this is how this company names itself – of all the assets, in fact, has a little bit more than a table and two chairs, on which sometimes lawyers can sit and drink their coffee. However, this company has been established specifically to deal with patents. Later, three more patents have been added to their portfolio, and all of those were related to the technology of text messages sending. It may seem like a small patent portfolio, but it is an effective one. Since the late 90s, the lawyers have begun to sue manufacturers who were using their technologies. The scheme was working perfectly. Until finally a rainy day has come for MTEL. On 27th of April judge Barbara Lynn has announced the verdict. To acknowledge these two patents invalid! But these documents should be valid for 30 years and they were obtained onlyin 1994 and in 1998. It would seem that they still have a plenty of time ahead. But the “Alice decision” – as it is now called – has put an end to the plans of the ambitious troll.
And it has trails with much more serious forces ahead – with Google and Microsoft. It is actually a pretty funny situation: the court has found the patent priority of these applications invalid, which means that the patents are now inoperative, but the hearings will still be held. Only because they were postponed until this decision is made. I.e. the hearings will be based on claims about the violation of the patents that are no longer valid.
Grab your popcorn.
Related links:Alice Corp. v. CLS Bank, Alice IP case, Australia, Blackberry, e-mail technology, IP News, MTEL, patent annulation, patent infgingement, software patent, USA