An unknown Company by the name of Wyncomm has filed a patent infringement lawsuit against Apple. A simple Google search reveals nothing about this company which is usually a sign that the company is a patent troll or from their perspective, an "IP Defender." What makes this case somewhat interesting is that Wyncomm has recently acquired an AT&T patent for the sole purpose of suing Apple and likely others in the future. Considering that AT&T is a major Apple iPhone partner, how did an AT&T patent of this nature just happen to fall into the hands of this troll who is now suing Apple by claiming that the iPhone infringes upon their patent? I don't know about you, but I think that there's something awfully wrong with this scenario. With that said, the case moves on.
Apple has been sued by a company by the name of Wyncomm using a 1996 AT&T granted patent titled "Side-Channel Communications in Simultaneous Voice and Data Transmissions" found under number 5,506,866. The patent abstract is presented below.
The court document reveals that Wyncomm is now the assignee and owner of the AT&T patent.
The heart of the matter is presented as follows: "Upon information and belief, the Defendant has and continues to directly infringe one or more claims of the '866 Patent by making, using, selling, importing and/or providing and causing to be used products that transmit information utilizing WiFi, including information representative of analog data such as voice or sound and including control data, in which the information representative of analog data is converted to voice or sound, which by way of example include handsets such as the iPhone (e.g., iPhone 5) and tablets such as the iPad (e.g., iPad 1) (the "Accused Instrumentalities").
Defendant was made aware of the '866 Patent and its infringement thereof at least as early as its receipt of correspondence from Wyncomm providing notice of the '866 patent and Defendant's infringement thereof, sent January 29, 2013."
The complaint makes the claim that Apple's infringement has been "willful" which in the legal world translates to asking the court to triple the damages should Apple be found guilty in this case.
The patent infringement case presented in today's report was filed in the Delaware District Court in New Castle. At present, no Judge has been assigned to case number 1:2013cv00571.
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