20 September 2017
Washington DC
Reporter: Barney Dixon

Motorola wins direct infringement challenge

Motorola has won its direct patent infringement appeal against Intellectual Ventures, but failed to secure an invalidity ruling.

The telecommunications company failed to convince the panel at the US Court of Appeals for the Federal Circuit, which upheld the validity of two Intellectual Ventures patents relating to a file transfer system and portable computing devices.

But the court did not support the district court jury’s finding of direct infringement, because Intellectual Ventures had failed to demonstrate that Motorola had obtained “benefit” from each and every element of the system.

Intellectual Ventures claimed that evidence of Motorola customers using Multimedia Messaging Services (MMS) on their Motorola phones directly infringed its patents and that Motorola had also directly infringed the patents by testing the service’s functionality.

The court said: “The critical question here is whether there was substantial evidence that Motorola’s customers obtained a ‘benefit’ from the generation of delivery reports.”

“Neither of Intellectual Ventures’s direct infringement theories purported to explain how Motorola’s customers satisfied this claim limitation by using the accused phones. Indeed, there is no evidence that the customers ever ‘generated a delivery report’.”

Instead, the court said that Intellectual Ventures had relied on testimony and evidence that delivery reports were generated by MMS Centres maintained and operated by the customers’ wireless service carriers, when the customers used the accused phones.

“Here, IV’s sole record citation contains just one sentence about the delivery report, and that sentence says nothing about the benefits flowing from the delivery reports to the customer sending the message,” the court added.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Patent perception must shift, says Schecter
13 December 2017 | London | Reporter: Barney Dixon
Public perception must shift if the US is to find feasible solutions to patent abuse, according to chief patent counsel at IBM Manny Schecter
Patent owners winning in IPR
12 December 2017 | New York | Reporter: Barney Dixon
Patent owners are winning more than losing in IPR proceedings, according to a study from law firm Fitzpatrick, Cella, Harper & Scinto
High tech companies weigh in on Allergan deal
11 December 2017 | Washington DC | Reporter: Barney Dixon
Tech companies have argued that Allergan should not be allowed to circumvent the inter partes review process with its controversial patent deal with the Saint Regis Mohawk Tribe
BlackBerry to pay $137 million to Nokia
08 December 2017 | Waterloo | Reporter: Barney Dixon
BlackBerry will pay $137 million to Nokia after the International Chamber of Commerce’s International Court of Arbitration ruled against the company in a patent licensing dispute
ILO ruling “vote of no confidence” for Battistelli, says CSC
07 December 2017 | Munich | Reporter: Barney Dixon
In an open letter to the EPO’s heads of delegations, the CSC said that it interpreted the ILO’s decision as a “massive vote of no confidence in the president of the EPO"
China world’s top patent filer in 2016
07 December 2017 | Geneva | Reporter: Barney Dixon
China has emerged as the top patent filer in the world, accounting for nearly all of the 8 percent growth in patent applications in 2016
EPO president’s impartiality questioned at ILO
06 December 2017 | Geneva | Reporter: Barney Dixon
The International Labour Organisation has questioned the impartiality of EPO president Benoît Battistelli, in two tribunal decisions concerning an EPO employee, and found that there was a conflict of interest on the part of the president