Skip to Content »

Wireless Federation » archive for 'Lawsuit'

 Motorola wins the patent lawsuit appeal (US)

  • July 28th, 2008
  • 6:47 am

Motorola has won the patent lawsuit which is related to the use of text messaging in mobile phones.

The ‘112 patent claims a method for communicating text over telephones using vocabularies of “syllabic elements.” The University of Texas System had asserted the ‘112 patent infringement claim against Motorola and over 30 additional handset manufacturers that incorporated text messaging software into their handsets. The University of Texas System claimed that nearly all mobile handsets in the industry infringed the ‘112 patent and it sought several hundreds of millions of dollars in damages.

In affirming summary judgment in Motorola’s favor, the Federal Circuit held that the District Court correctly construed the phrase “syllabic element,” as set forth in the infringement claim, to be limited to character strings of a single syllable in length. The Federal Circuit further held, based on the plain language of the patent, as well as declarations and disclaimers made during the prosecution history, that the ‘112 patent was limited to a vocabulary of only syllabic elements. Because it was undisputed that neither Motorola nor any of its customers used text messaging software with a vocabulary of only syllabic elements, the Federal Circuit held that there was “no substantive dispute regarding the relevant issues of fact” and affirmed the District Court’s ruling of non-infringement.

   

 T-Mobile faces a US$ 1.25 billion lawsuit claimed by VIP Communications (UK)

  • July 17th, 2008
  • 8:11 am

UK’s T-Mobile faces a US$ 1.25 billion (£625 million) latent lawsuit for damages from a former reseller of SIM cards, VIP Communications. According to VIP Communications, the claim is based on the report prepared by T-Mobile internal staff to calculate the economic impact of VIP Communications’ business model valued at some £57 million per year.According to Mobile News, UK trade magazine, T-Mobile has not recieved a legal claim and dismissed the actions.

VIP Communications, a telecom reseller, until 2004 offered GSM Gateway products, these are routers which the direct office landline calls to mobile calls via GSM SIM card, which otherwise is costlier than network mobile to mobile calls. The business model is that a GSM Gateway would lower an office call costs. On the other hand, operators have been arguing that GSM Gateways create an abnormal concentration of outbound mobile call traffic in a specific area and disrupt their networks.

VIP Communications, in order to overturn the descision to block it from selling T-Mobile SIM cards for use in the GSM Gateways,is engaged in further legal action in the UK’s High Court of Appeal. VIP’s win will open a flood of litigations from the previous resellers who were all prohibited from selling the SIM cards around the same time.