Judge approves two patent infringement suits against BlackBerry

By Chandra Lye | Feb 22, 2017

MARSHALL – A magistrate judge has given the go-ahead for two patent-infringement lawsuits against BlackBerry.

MARSHALL – A magistrate judge has given the go-ahead for two patent-infringement lawsuits against BlackBerry.

The decision came after PanOptis Patent Management LLC and Optis Cellular Technology LLC filed two complaints against the cellphone company in January 2016. They claimed that BlackBerry infringed on eight wireless communications and mobile phone patents.

Blackberry filed to dismiss the lawsuits in May claiming that PanOptis complaints lacked detail. All the patents in questions cover inventions that pertain to wireless communication and mobile phones or similar devices.

Patent No. 8,019,332, which is called the Method for Transmitting and Receiving Control Information Through PDCCH, was issued on Sept. 13, 2011. The inventors were Dae Won Lee, Ki Jun Kim, Dong, Wook Roh, Yu Jin Noh, Joon Kui Ahn and Jung Hoon Lee.

Another patent in the case is No. 8,102,833 called the Method for Transmitting Uplink Signals and was issued on Jan. 21, 2012, to inventors Daw Won Lee, Bong Hoe Kim, Young Woo Yun, Ki Jun Kim, Dong Wook Roh, Hak Seong Kim and Hyun Wook Park.

Patent No. 8,437,293 called Methods and Systems for Scheduling Resources in a Telecommunication System was issued on May 7, 2013, to inventors Kristian Jersenius, Henning Wiemann, Anna Larmo, Peter Moberg and Eva Englund.

As well as Patent No. 8,174,506 called Method of Displaying Object and Terminal Capable of Implementing the Same was issued on May 8, 2012. The inventors behind the technology were Tae Hun Kim, Boem Young Woo, Jeong Hyuk Yoon, Hyun Ju Ahn, Seung Sook Han, Jun Serk Park and Ho Sang Cheon.

While the plaintiffs have their main operations in the United States, BlackBerry has its main operations in Canada. However, the plaintiffs claim that by importing and selling phones in the U.S., Blackberry has infringed on the patents. They also assert that the company was placed on notice of the patent infringement. However, according to the filing “the defendants continue to import into, market, offer for sale and/or sell in the United States products that infringe the Asserted Patents.”

The devices that the plaintiffs accused were violating the patent included the BlackBerry 4G LTE Playbook, BlackBerry Priv, BlackBerry Passport, BlackBerry Q5, BlackBerry Q10, BlackBerry Z10, BlackBerry Z30, BlackBerry Classic, BlackBerry Leap, Porsche Design P’9982, Porshe Design P’9983.

The plaintiffs claim they have informed BlackBerry that they are willing to offer them an irrevocable license under the LTE Essential Patents. They claim BlackBerry needs the license because their devices have been designed to operate “in compliance with the LTE Standards.”

They allege they have been trying to negotiate the license terms with BlackBerry since April 2014. One of those times has been a face-to-face meeting at BlackBerry offices in Irving, Texas.

“During that meeting, plaintiffs presented, in good faith, material concerning plaintiffs’ LTE Essential Patents, along with FRAND terms and conditions for license of the LTE Essential Patents,” according to the suit.

They say they have also written and phoned the company but have not received an answer. The plaintiffs had requested a jury trial.

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