A patent troll by the name of Packet Tread has filed a patent infringement lawsuit against Apple. The patent infringement lawsuit concerns the use of simultaneous voice and data (SVD) modems in a remote office application. Packet Tread never really single's out an Apple product by name other than one supposedly titled "Online Banking Preferred method of contact ('Accused Instrumentality')" that they allege infringes the Paradyne patent that they acquired for the sole purpose of suing companies like Apple with. Paradyne patents are popular with patent trolls. Back in January, Nevada's Adaptive Data filed a patent infringement lawsuit against Apple regarding Bluetooth that was based on an acquired Paradyne Corp patent. Bloomberg weaves Paradyne Corp. back to Paradyne Networks and finally back to Zhone Technologies.
According to Packet Tread LLC's formal complaint before the Court, Apple "owns, operates, advertises, controls, tests, sells, and otherwise provides systems and methods that infringe the 6,310,864 ('864) patent.
The '864 patent provides, among other things, 'A method of electrical communication via a first simultaneous voice and data modem associated with a switching hub of a communications network, comprising the steps of: (1) transmitting and receiving a modulated simultaneous voice and data signal using said first simultaneous voice and data modem to and from a second simultaneous voice and data modem located at an endpoint of said communications network; (2) transmitting and receiving a voice signal using said first simultaneous voice and data modem to and from a communications device via a switching network; (3) transmitting and receiving a data signal using said first simultaneous voice and data modem; (4) and canceling a voice echo originating in said switching network using an echo canceler associated with said first simultaneous voice and data modem, said voice echo experiencing a delay resulting from the modulation and demodulation of said simultaneous voice and data signal in said first simultaneous voice and data modem and said second simultaneous voice and data modem.'
They further state that "Defendant [Apple] directly or through intermediaries, made, tested, had made, had tested, used, imported, provided, supplied, distributed, sold, and/or offered for sale products and/or systems and methods for user interface for defining and automatically transmitted data according to preferred communication channels, that infringed one or more claims of the '864 patent in this district and elsewhere in the United States.
Particularly, Defendant makes, uses, tests, provides, offers for sale, and sells their product entitled Online Banking Preferred method of contact ("Accused Instrumentality") which directly infringe the '864 patent.
Defendant's aforesaid activities have been without authority and/or license from Plaintiff."
Packet Tread is seeking, among other things, a "reasonable royalty" should the Court find Apple guilty of patent infringement.
The patent infringement case presented in today's report was filed in the Texas Eastern District Court, Marshall Office. At present, no Judge has been assigned to the case. We reported on Monday that Apple remains the number one target of patent trolls.
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