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TDMA LAWSUIT HAS WIDE IMPLICATIONS
10/22/1993
Network Week APT Data Services No. 95
Copyright 1993 APT Data Services
If InterDigital Communications Corp (IDC) wins its lawsuit against LM Ericsson Telefon (Network Week, 091), it will have major implications for all vendors of Time Division Multiple Access cellular equipment: it has emerged that the patents which IDC is claiming are not specific to Ericsson equipment, but are central to the concept of TDMA itself.
King of Prussia, Pennsylvania-based IDC is asserting in the lawsuit that its patents cover Ericsson digital cellular telephone systems and infrastructure equipment using TDMA-based architecture, and TDMA subscriber units. The fact that these technologies are core to TDMA, however, is one of the lines that Ericsson is to use in its defence. The company says that since some of the six alleged patent infringements cover technology already in the public domain, they should not therefore have been patented in the first place. Its second line of defence is that some of the remaining patents have no relevance to its systems.
David Barrett, head of IT and Telecommunications Law at London law firm Dibb Lupton Broomhead, broadly supports the Ericsson stance that technology in the public domain cannot be patented. He says that it is a fundamental legal principle that "one can only patent an innovation and, by definition, anything in the public domain is not an innovation." Speaking generally, Barrett adds that if something is part of an existing standard, "that will strengthen the case for it being in the public domain."
IDC refutes this, describing it as "a common defence in cases such as these." The company's position is that IDC pioneered TDMA and that "the whole way you do TDMA is dependent on our patents," according to a spokesman. Ericsson's response is that it has thought its position through very carefully and "believes it is correct" in its defence. It also asserts that its customers remain confident in the company and that sales have not been affected by the forthcoming litigation.
Both companies are keeping the specific details of their cases under wraps, but part of Ericsson's defence may hinge on the fact that TDMA is basis of the GSM standard for mobile communications: the US Cellular Telecommunications Industry Association endorsed TDMA in early 1990, placing it firmly within the disputed public domain.
The stakes are high in this dispute. Although other TDMA vendors are declining to comment 'on the record' they will be watching the court action with some concern. If the court upholds IDC's view that TDMA is effectively its property, other companies will either have to agree licensing terms or bow out of the TDMA arena until the next century: IDC's patents were taken out between 1985-1992 and will run for 17 years. Regarding other companies involved in TDMA, IDC says it will 'wait and see' what happens in court - a statement carrying clear implications if it wins.
* In a parallel case, IDC sued OKI America Inc and OKI Electric Industry Company Ltd in April this year for a declaratory judgement that TDMA subscriber units to be manufactured, used and sold by them will infringe some of IDC's patents. The case is still before the courts.
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ERICSSON, INTERDIGITAL SUING EACH OTHER OVER PATENTS
09/20/1993
Mobile Phone News Phillips Business Information, Inc
COPYRIGHT 1993 BY Phillips Business Information, Inc.
"Who is infringing on whose patents?" remains the question in the latest round of cellular industry digital equipment patent suits. InterDigital Technology Corp. (ITC), an InterDigital Communications Corporation subsidiary, once again placed itself on center stage in the latest lawsuit round, filing a lawsuit against Ericsson for time division multiple access (TDMA) patent infringement.
ITC's suit asserts that infrastructure equipment and subscriber units manufactured, sold and used by Ericsson infringe ITC patents. The company is seeking a preliminary and a permanent injunction against continued patent infringement, as well as compensatory and treble damages, interest, attorney's fees and expenses.
"We have studied our patents carefully and believe them to be strong and comprehensive. We are willing to grant reasonable royalty-bearing, noncomprehensive licenses under our patents to interested parties, but we will take all necessary steps to enforce our patent rights," said Robert Bramson, InterDigital Technology and InterDigital Patents president. ITC remains con- fident about the prospects of winning its lawsuit against Ericsson, he added.
Ericsson Seeks Judgment Calling ITC's TDMA Patents Invalid
On the same day ITC filed its suit, Ericsson filed its own lawsuit seeking a court judgment declaring certain TDMA patents owned by ITC invalid and establishing Ericsson's TDMA equipment does not infringe on ITC's patents. The suit seeks a court order enjoining ITC from making any further accusations of infringement against Ericsson, as well. "Ericsson strongly believes it does not infringe any valid TDMA patents owned by ITC and that ITC's assertions to the contrary are without any merit," said Tomas Isaksson, Ericsson Radio president. Both companies claim they tried to reach a fair settlement with the other, but the intractableness of the other side forced them to turn to the courts for a final decision. As to the coincidence of both companies filing against each other on the same day, they maintain it was just that--a coincidence. Ericsson said it was not aware that ITC was filing a lawsuit.
ITC filed several lawsuits involving digital patent technology in the past year. This spring, ITC filed TDMA patent infringement lawsuits against Oki America Inc. and Oki Electric Industry Company Ltd. This summer, ITC targeted Qualcomm Inc. and Oki Electric, charging the two companies with patent infringement on ITC's code division multiple access (CDMA) technology. The move caused industry fears that CDMA equipment manufacturing would be hampered until the lawsuits are settled (MPN, July 26, pp. 3-4). Recently, ITC added another patent to its claim against Qualcomm and Oki. Qualcomm denies ITC's #375 patent has any application to CDMA equipment built in compliance with the Telecommunication Industry Association's CDMA standard IS-95.
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InterDigital Works For Expedited Patent Hearing 09/17/93
09/17/1993
Newsbytes News Network Newsbytes News Network
COPYRIGHT 1993 by Newsbytes News Network
KING OF PRUSSIA, PENNSYLVANIA, U.S.A., 1993 SEP 17 (NB) -- InterDigital Technology expects expedited trials, perhaps as early as January, on its patent infringement suits involving the digital cellular technologies known as time division multiple access, or TDMA, and code division multiple access, or CDMA.
Spokesman Dave Buckingham told Newsbytes the company filed its TDMA complaint against Ericsson in Virginia because that court has a "rocket docket" which aims to bring such cases to trial quickly. Ericsson has also counter-sued, in a different court, arguing the TDMA patents should be held invalid. InterDigital is best known for its TDMA technology.
The company is also engaged in lawsuits over CDMA with Qualcomm. Buckingham told Newsbytes that the Eastern District of Pennsylvania, where InterDigital filed its CDMA suits, also has expedited procedures. Qualcomm, in which regional Bells NYNEX and Pacific Telesis both hold interests, recently said it won authorization of its version of the technology as a standard before the Telecommunications Industry Association.
It has also convinced such major cellular operators as US West and Bell Atlantic to switch to CDMA instead of TDMA, arguing it offers more capacity. It has also convinced a number of Korean manufacturers to make CDMA equipment, both for their home market and for export.
InterDigital sued Qualcomm in June, after acquiring the patent portfolio of SCS Mobilecom, which has done much of its work on CDMA in conjunction with military contracts aimed at making battlefield order transmissions impossible to jam. Recently, InterDigital sought to add another patent, which underlies both TDMA and CDMA - it involves how files are set-up before they are digitally encoded, according to Buckingham - to its complaint. Qualcomm is fighting that move. Oki Electric Industry Company Ltd., and Oki America, which has signed to make CDMA equipment, are also parties to the suits.
Over the long run, CDMA is considered a far more important technology than TDMA by many analysts, although in the short-run TDMA is being installed in some US cellular systems, notably by McCaw Cellular. CDMA is expected to be the basis for microwave- based cellular service called personal communication networks, or PCNs, which could result in a flood of royalties to whomever the courts rule owns the technology. The 800 megahertz networks being developed using specialized mobile radio, or SMR, frequencies, also depend on a version of CDMA technology.
(Dana Blankenhorn/19930917/Press Contact: Dave Buckingham, InterDigital Technology, 215-278-7910)
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INTERDIGITAL ANNOUNCES FURTHER RESPONSE TO ERICSSON LAWSUIT
09/15/1993
PR Newswire
(Copyright (c) 1993, PR Newswire)
KING OF PRUSSIA, Pa., Sept. 15 /PRNewswire/ -- InterDigital Communications Corporation (AMEX: IDC) and its subsidiary, InterDigital Technology Corporation (InterDigital Technology) announced today that InterDigital has been served with a copy of the previously announced declaratory judgment lawsuit filed by Ericsson (NASDAQ-NMS: ERICY), and that InterDigital is also a defendant.
Since the patents in Ericsson's action are owned by InterDigital Technology, InterDigital believes that it has been incorrectly named as a defendant. InterDigital and InterDigital Technology have also evaluated several additional causes of action seeking unspecified damages that have been asserted by Ericsson, and believe that these causes of action are without merit. Ericsson's suit was filed in the Federal District Court for the Northern District of Texas several hours before InterDigital Technology filed a patent infringement suit against Ericsson in the Federal District Court for the Eastern District of Virginia. Although location, continuation, and timing of the suits are subject to the discretion of the courts, InterDigital Technology continues to believe that its lawsuit will proceed in Virginia.
/delval/
CONTACT: Dave Buckingham of InterDigital Technology, 215-278-7910/ 16:46 EDT
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InterDigital Commun Says It Shouldn't Be Named In Lawsuit
09/15/1993
Dow Jones News Service - Ticker
(Copyright (c) 1993, Dow Jones & Co., Inc.)
KING OF PRUSSIA, Pa. -DJ- InterDigital Communications Corp. (IDC) and its InterDigital Technology Corp. unit said the parent firm has been served with a copy of the previously announced declaratory judgment lawsuit filed by Ericsson (ERICY), and that the parent is also a defendant.
In a press release, InterDigital Communications said, since the patents in Ericsson's action are owned by InterDigital Technology, it believes it has been incorrectly named as a defendant. The parent and InterDigital Technology said they have also evaluated several additional causes of action seeking unspecified damages that have been asserted by Ericsson, and believe that these causes of action are without merit.
InterDigital said Ericsson's suit was filed in the Federal District Court for the Northern District of Texas several hours before InterDigital Technology filed a patent infringement suit against Ericsson in the Federal District Court for the Eastern District of Virginia. Although location, continuation, and timing of the suits are subject to the discretion of the courts, InterDigital Technology continues to believe that its lawsuit will proceed in Virginia, it said.
Details of the suits were previously reported Sept. 10.
(END) DOW JONES NEWS 09-15-93
5:33 PM
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09/14/1993
COMMUNICATIONS DAILY Warren Publishing, Inc.
COPYRIGHT 1993 BY WARREN PUBLISHING, INC.
Ericsson filed suit against InterDigital Technology (IDT) Fri. in U.S. Dist. Court, Northern Dist. of Tex., seeking judgment declaring that "certain Time Division Multiple Access (TDMA) patents" owned by IDT are invalid and are not infringed by TDMA equipment it sells. Suit also seeks court order enjoining IDT from "making any further accusations of infringement against Ericcson," company said. Suit counters one filed Thurs. by IDT in U.S. Dist. Court, Eastern Dist. of Va. IDT charged that Ericsson is infringing on its own TMDA patents. IDT said it "expects that the Ericsson lawsuit will be dismissed or stayed," and won't interfere with its own suit. IDT Pres. Robert Bramson said Ericcson suit was "anticipated, since it is usual practice in patent litigation to respond to the filing of a patent infringement suit with a declaratory judgment action." Meanwhile, IDT also is fighting court battle on patents involving Code Division Multiple Access (CDMA). It said Mon. it filed motion adding 3rd patent to CDMA suit that seeks infringement declaratory judgment against Qualcomm, Oki Electric Industry and Oki America. Motion and original suit were filed in U.S. Dist. Court, Eastern Dist. of Pa. Patent (5,119,375), which was issued to IDT June 2, 1992, is called Subscriber RF Telephone System for Providing Multiple Speech and/or Data Signals Simultaneously Over Either Single or Plurality of RF Channels, IDT said. Addition of that patent to IDT's claim against Qualcomm is "important" because invention covered "is believed" to predate Qualcomm's CDMA work and is basic to digital wireless telephone, IDT said. Suit asserts that CDMA handsets, to be made by Oki under license to Qualcomm, will infringe on 3 IDT CDMA patents. Suit seeks preliminary and permanent injunctions against Qualcomm, Oki Electric and Oki America from manufacturing, using and selling products complying with IS-95, narrowband CDMA standard, IDT said.
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Ericcson - InterDigital Tech -2-: Suit Filed In Texas >ERICY
09/10/1993
Dow Jones News Service - Ticker
(Copyright (c) 1993, Dow Jones & Co., Inc.)
RESEARCH TRIANGLE PARK, N.C. -DJ- Ericsson (ERICY) said that it has filed suit against InterDigital Technology Corp., a subsidiary of InterDigital Communications Corp. (IDC).
The suit, which was filed in the Federal District Court for the Northern District of Texas, seeks a judgment from the court declaring that certain Time Division Multiple Access patents owned by ITC are invalid and are not infringed by TDMA equipment sold by Ericsson. The suit also seeks a court order enjoining ITC from making any further accusations of infringement against Ericsson.
Tomas Isaksson, president of Ericsson Radio Systems Inc. said ''Ericsson strongly believes that it does not infringe any valid TDMA patents owned by ITC and that ITC's assertions to the contrary are without any merit. This litigation will have absolutely no adverse effect on our implementation plans and schedules for TDMA digital technology.''
Earlier this week, InterDigital Technology filed a lawsuit in Virginia against Ericsson and General Electric Co. (GE) charging infringement of eight of its patents.
(END) DOW JONES NEWS 09-10-93
8:40 AM
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INTERDIGITAL TECHNOLOGY RESPONDS TO ERICSSON LAWSUIT
09/10/1993
PR Newswire
(Copyright (c) 1993, PR Newswire)
KING OF PRUSSIA, Pa., Sept. 10 /PRNewswire/ -- InterDigital Technology Corporation (InterDigital Technology), a subsidiary of InterDigital Communications Corporation (AMEX: IDC), announced today that it has learned of a patent declaratory judgment suit filed by Ericsson (NASDAQ-NMS: ERICY)in the Federal District Court for the Northern District of Texas, although the company has not yet received a copy of the complaint. This lawsuit was filed in response to the patent infringement suit filed by InterDigital Technology against Ericsson yesterday. Because the InterDigital Technology lawsuit was filed first, and was filed by the patent owner, the company said it expects that the Ericsson lawsuit will be dismissed or stayed, and will not interfere with the progress of its lawsuit filed in the Federal District Court for the Eastern District of Virginia.
Commenting on this announcement, Robert S. Bramson, president of InterDigital Technology, said, "Ericsson's lawsuit was anticipated, since it is usual practice in patent litigation to respond to the filing of a patent infringement suit with a declaratory judgment action. The purpose of these declaratory judgment actions is to try to gain a strategic advantage, such as by slowing down the infringement suit. It is our understanding that, notwithstanding Ericsson's suit, a trial of our lawsuit in Virginia should take place in about five months, and we are excited and looking forward to a judicial determination that infrastructure equipment and cellular phones complying with IS-54 infringe our patents. In the patent licensing field, patent holders must often enforce their rights in court in order to maximize their royalty income. InterDigital Technology believes that its patent portfolio is very strong. We are not prepared to compromise our position that we are entitled to a fair and unrestricted return on the R&D investment that led to our patents."
InterDigital Technology is represented in the Ericsson lawsuit by the Washington-based law firm of Dickstein, Shapiro & Morin, which represents InterDigital Technology in two other patent infringement lawsuits involving its TDMA and CDMA patents. Dickstein, Shapiro has agreed to handle all of these lawsuits on a partial contingent fee basis under which InterDigital Technology is obligated to pay only a portion of Dickstein, Shapiro's legal fees, up to a predetermined cap. Bramson stated, "Dickstein, Shapiro did further investigation of our TDMA and CDMA patents involved in the lawsuits before agreeing to expand the contingent fee agreement. This gives InterDigital Technology even better assurance that we will have the people and financial resources to pursue these lawsuits to a final and successful conclusion." Dickstein, Shapiro & Morin, a nationally prominent law firm with 180 attorneys, specializes in litigation of major cases, including patent infringement actions.
CONTACT: Dave Buckingham of InterDigital Technology, 215-278-7910/ 13:59 EDT
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Ericsson files for declaratory relief from patents owned by InterDigital Technology Corp.
09/10/1993
Business Wire
(Copyright (c) 1993, Business Wire)
RESEARCH TRIANGLE PARK, NC--(BUSINESS WIRE)--Ericsson Friday announced that it has filed suit against InterDigital Technology Corp. (ITC), a subsidiary of InterDigital Communications Corp.
The suit, which was filed in the Federal District Court for the Northern District of Texas, seeks a judgement from the court declaring that certain Time Division Multiple Access (TDMA) patents owned by ITC are invalid and are not infringed by TDMA equipment sold by Ericsson. The suit also seeks a court order enjoining ITC from making any further accusations of infringement against Ericsson.
The filing of this law suit comes after a lengthy and thorough investigation of the validity and scope of the ITC TDMA patents, and after repeated attempts to reach a fair resolution with ITC.
Tomas Isaksson, president of Ericsson Radio Systems Inc. said "Ericsson strongly believes that it does not infringe any valid TDMA patents owned by ITC and that ITC's assertions to the contrary are without any merit. This litigation will have absolutely no adverse effect on our implementation plans and schedules for TDMA digital technology."
Ericsson has been a pioneer in developing many communication technologies, including TDMA equipment. Ericsson's 70,000 employees are active in more than 100 countries. Their combined expertise in switching, radio and networking makes Ericsson a world leader in telecommunications.
CONTACT: Kathy Egan or Lars Jonsteg, 212/685-4030 06:33 ET SEP 10, 1993
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INTERDIGITAL TECHNOLOGY FILES SUIT AGAINST ERICSSON FOR TDMA PATENT INFRINGEMENT
09/09/1993
PR Newswire
(Copyright (c) 1993, PR Newswire)
KING OF PRUSSIA, Pa., Sept. 9 /PRNewswire/ -- InterDigital Technology Corporation (InterDigital Technology), a subsidiary of InterDigital Communications Corporation (AMEX: IDC), filed suit today, in the U.S. District Court for the Eastern District of Virginia, against Ericsson GE Mobile Communications Inc. and Telefonaktiebolaget LM Ericsson for infringement of its U.S. Patents 4,675,863; 4,779,262; 4,785,450; 4,912,705; 4,817,089; 5,022,024; 5,119,375; and 5,121,291 (InterDigital Patents).
InterDigital Technology has asserted that the InterDigital Patents cover Ericsson wireless digital telephone systems and infrastructure equipment, using a Time Division Multiple Access (TDMA)-based architecture, and TDMA subscriber units. The Eastern District of Virginia has a "rocket docket," which should enable the case to go to trial within about five months.
The lawsuit asserts that infrastructure equipment and subscriber units manufactured, sold and used by Ericsson infringe the InterDigital Patents.
In the lawsuit, InterDigital Technology seeks a preliminary injunction and a permanent injunction against continued infringement of its patents, as well as compensatory and treble damages, interest, attorneys' fees and expenses.
This is the second lawsuit InterDigital Technology has filed to enforce its patents, which InterDigital Technology believes are fundamental to the U.S. Digital Cellular Standard, IS-54. On April 16, 1993, InterDigital technology sued OKI America, Inc. and OKI Electric Industry Company, Ltd. for a declaratory judgment that TDMA subscriber units to be manufactured, used and sold by them will infringe some of the InterDigital patents.
President of InterDigital Technology Robert S. Bramson said, "We have studied our patents carefully and believe them to be strong and comprehensive. We are willing to grant reasonable royalty-bearing, non- exclusive licenses under our patents to interested parties, but we will take all necessary steps to enforce our patent rights. We had been negotiating actively with Ericsson for about six months but were unable to reach an agreement."
InterDigital is represented in the lawsuit by the Washington-based law firm of Dickstein, Shapiro & Morin.
CONTACT: Dave Buckingham of InterDigital Communications, 215-278-7910/ 15:57 EDT
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InterDigital Sues -2-: Seeks Injunctions, Damages
09/09/1993
Dow Jones News Service - Ticker
(Copyright (c) 1993, Dow Jones & Co., Inc.)
KING OF PRUSSIA, Pa. -DJ- InterDigital Technology Corp., a unit of InterDigital Communications Corp. (IDC), said it filed a federal lawsuit against Ericsson GE Mobile Communications Inc., a joint venture of Ericsson Telephone Co. (ERICY) and General Electric Corp. (GE), and against Ericsson's parent company, Telefonaktiebolaget LM Ericsson, for infringement of eight of its U.S. patents.
In a press release, the company said it filed the suit in the U.S. District Court for the Eastern District of Virginia,. and expects the case to go to trial within about five months.
The company said the InterDigital Patents cover Ericsson wireless digital telephone systems and infrastructure equipment, using a Time Division Multiple Access (TDMA)-based architecture, and TDMA subscriber units.
InterDigital said the lawsuit asserts that infrastructure equipment and subscriber units manufactured, sold and used by Ericsson infringe the InterDigital Patents.
In the lawsuit, the company said it seeks a preliminary injunction and a permanent injunction against continued infringement of its patents, as well as compensatory and treble damages, interest, attorneys' fees and expenses.
President of InterDigital Technology Robert S. Bramson said the company was willing to grant non-exclusive licenses under its patents, and it ''had been negotiating actively with Ericsson for about six months but were unable to reach an agreement.''
InterDigital said it is represented in the lawsuit by the Washington-based law firm of Dickstein, Shapiro & Morin.
Comment from GE and Ericsson was not immediately available.
(END) DOW JONES NEWS 09-09-93
4:53 PM |
