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VoIP-Pal Sues Apple Claiming iMessage and FaceTime Infringe on their newly Granted Patents

1 cover Voip-Pal

 

A year ago Patently Apple posted a report titled "VoIP-Pal Raises Damages Claim against Apple in Patent Lawsuit by almost Tenfold." The damages were related to VoIP-Pal's 2016 lawsuit against Apple over iMessage and Wi-Fi calling. VoIP-Pal's political wrangling in this case became apparent in early January of this year when the legal website "The Recorder" posted a report titled "Apple Says Secret Lobbying Campaign Swayed PTO Trial."

 

The report claimed that Apple was working to reverse a Patent Trial and Appeal Board ruling upholding the validity of certain patents owned by VoIP-Pal. Apple had claimed that its opponent contacted senior administration officials and the judges presiding over the case, swaying the outcome of an inter partes review proceeding." .

 

This comes two months after the PTAB upheld multiple claims in two VoIP-Pal patents being leveraged in a patent infringement suit against Apple's iMessage and certain Wi-Fi based voice-calling features. Apple's lawyers say VoIP-Pal conducted ex-parte discussions with the case's administrative judges, its chief judge and the cabinet secretary in charge of the U.S. Patent and Trademark Office."

 

While that issue is still in the ether, VoIP-Pal has filed another patent infringement case against Apple as outlined below.

 

Nature of the Current Action

 

According to the filing, VoIP-Pal states that "This is a civil action for infringement of United States Patent No. 9,537,762 (the "'762 Patent"), United States Patent No. 9,813,330 (the "'330 Patent"), United States Patent No. 9,826,002 (the "'002 Patent"), and United States Patent No. 9,948,549 (the "'549 Patent," and together with the '762 Patent, the '330 Patent and the '002 Patent, the "Patents-in-Suit") under the Patent Laws of the United States, 35 U.S.C. ยง 1 et seq."

 

Once again VoIP-Pal is targeting Apple's iMessage, FaceTime system and Wi-Fi calling using a new round of patents, many of which were filed after the beginning of their first patent infringement case with Apple knowing what they needed to have in place to win a case.

 

These patents were all granted in 2017 and 2018. Once granted they worked on their new patent infringement case filed with the court yesterday.

 

This professional patent troll is seeking a "reasonable royalty" or compulsory ongoing licensing fee, according to the filing.

 

For more of the details in this lawsuit, Patently Apple is providing you with a full Scribd document of the formal complaint as noted below.  

 

Voip-Pal Sues Apple May 25, 2018 by Jack Purcher on Scribd

 

The patent infringement case presented in today's report was filed in the Nevada District Court, Las Vegas Office. The Judges listed on the docket are Richard F. Boulware and George Foley.

 

It's always difficult to understand how a feature like Apple's FaceTime, released to the public in 2010, can be considered infringing a patent that was only granted in 2017 or 7 years after it came to market. It boggles the mind.

 

One last point. You'll notice on granted patent 9,537,762 that VoIP-Pal acquired this patent from "Digifonica International Limited located in Vancouver, British Columbia, Canada. The other 3 patents listed in the formal complaint only show VoIP-Pal and yet the inventors on the patent are the same as those in the '762 patent, proving they too are acquired patents from Digifonica.

 

That's what makes VoIP-Pal a patent troll. They purposely seek out and acquire patents for the sole purpose of suing companies with deep pockets, not for bettering any technology or advancing any service.

 

10.15 Bar - Patently Legal

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