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Nokia claims $1
billion Qualcomm payments
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IDC releases
year-end Worldwide Mobile Phone Tracker report
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Apple faces new
lawsuit over iPhone concept
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Mobile
entertainment to be driven by music, games and
mobile TV
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Injunction
prohibits Qualcomm's infringement on Broadcom
patents |
Ericsson
technology enables new safety device launched by
NTT DoCoMo
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Suit Targets
Biggest Players In Cell Phone Industry
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| 'Pay-Buy
Mobile' initiative announced by GSMA |
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Minerva Industries,
Inc. Files Patent Infringement Lawsuit Against Apple, Inc . and Atlantic
RT, Inc.
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The USPTO officially issued
and published a new patent number #7,321,783 |
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Patent
infringement suit filed by Minerva Industries, Inc. |
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Apple faces new lawsuit over iPhone
concept
By
Kasper Jade
Published:
January 23, 2008
01:00 PM EST
A little-known California
company is suing Apple Inc. and
satellite phone company Atlantic RT,
Inc. for patent infringement after
having just recently beat both firms
to a new patent covering mobile
entertainment and communications
devices.
Los Angeles-based Minerva
Industries, Inc. filed the patent
infringement lawsuit in the Eastern
District of Texas on Tuesday, just
hours after having been granted
United States Patent No.
7,321,783 entitled "Mobile
Entertainment and Communication
Device."
The 6-page formal complaint alleges
that representatives from Minerva
informed Apple of their pending
application with the United States
Patent and Trademark Office covering
iPhone concepts back in November,
but that Apple "waited until
approximately one week before the
patent was to issue before sending
prior art" in an attempt to trump
the filing with one of its own.
After subsequently examining both
claims, however, the patent office
definitively ruled in Minerva's
favor, determining the claims within
its application were patentable over
Apple's prior art and all other art
that had been submitted to the
office.
"On information and belief, Apple
monitored the progress of [Minerva's
Application during the continued
reexamination, and became aware on
or about November 20, 2007 that the
Patent Office rejected its
contention that the Apple Prior Art
rendered the claims of [Minerva's]
Application invalid and had issued a
notice of allowance," Minerva's
attorneys at Russ August & Kabat
wrote in the suit.
"As a result of these Defendants’
infringement of the ‘783 Patent,
Minerva has suffered monetary
damages in an amount not yet
determined, and will continue to
suffer damages in the future unless
Defendants’ infringing activities
are enjoined by this Court."
Similarly, the complaint claims,
Atlantic is also liable of
infringement of the '783 Patent "by,
among other things, making, using,
offering to sell, or selling mobile
entertainment and communication
devices covered by one or more
claims of the ‘783 Patent, including
without limitation the Thuraya
SG-2520."
Minerva is seeking a permanent
injunction enjoining Apple and
AtlanticRT from further
infringement, a judgment and order
requiring both firms to pay damages,
attorneys’ fees, as well as an award
of enhanced damages due to the
pair's "deliberate and willful"
conduct.
Minerva on Tuesday also filed two
additional suits of similar nature.
One targets Research In Motion and
Cricket Communications, while the
other names 29 defendants, including
AT&T Mobility, LG, Palm, Motorola,
Nokia, Alltel, Dobson Cellular,
Helio, HP, MetroPCS Wireless, Sprint
Spectrum, Nextel, T-Mobile USA,
Tracfone Wireless, Cellco
Partnership, Virgin Mobile, HTC,
Kyocera Wireless, Pantech Wireless,
Sanyo, Sony Ericsson, and Samsung.
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