Patent Law Updates | New Settlements and Verdicts
October 6, 2008
Motorola, Zoltar Settle "E-911" Patent Dispute in CA District Court
Zoltar Satellite Alarm Systems, Inc. v. Motorola, Inc., et al.
No. C 06-00044 JW, U.S. District Court for the Northern District of California, 9/22/2008
Holding:
Zoltar Satellite Alarm Systems, Inc. ("Zoltar") and Motorola, Inc. settled their dispute over patents relating to a “911” emergency locating feature for cellular phones, otherwise known as "Self-Locating Remote Monitoring Systems." Specifically, on September 22, 2008, both parties filed a stipulation of dismissal stating that all claims, counterclaims and defenses by Zoltar against Motorola and by Motorola against Zoltar are to be dismissed. The parties agreed to bear their own costs of suit and attorney's fees. On the same day, the U.S. District Court for the Northern District of California approved the stipulation. The parties further agreed that no claims or counterclaims by or between Zoltar and any defendant other than Motorola are dismissed.
Detailed Summary:
In its amended complaint, Zoltar accused defendants LG Electronics Mobile Communications Company a.k.a. LG Electronics MobileComm, LG Electronics Inc., Audiovox Communications Corp., UTStarcom Inc., UTStarcom Personal Communications f.k.a. Audiovox Communications Corp., Sanyo North America Corp., Sanyo Electric Co., Ltd., PalmOne, Inc., Sprint Corp., Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America LLC., Nokia Corp., and Nokia Inc. of infringing its U.S. patents ‘770, ‘130, ‘390, and ‘889, Entitled “Self-Locating Remote Monitoring Systems.”
According to Zoltar, the infringing acts included at least inducing and contributing to the manufacture, use, sale, and/or offer for sale of cellular telephones equipped with E-911 technology.
Zoltar prayed for the issuance of preliminary and permanent injunction to enjoin the acts of infringement, payment of actual damages with prejudgment interest, enhanced damages, and an award of attorney’s fees, plus costs of suit.
On the other hand, Motorola in its Answer denied the accusations alleged in the amended complaint. Specifically, it denied that it has infringed any valid claim of the patents-at-issue whether directly or by inducing infringement or contributing to infringement. It also denied that it was liable for infringement of any claim of the patents, and further denied Zoltar’s allegations that the manufacture, use, sale, and/or offer for sale of cellular telephones equipped with E-911 technology constituted direct or indirect infringement.
Motorola likewise raised the defense of invalidity, res judicata and/or collateral estoppel, prosecution estoppel , and unenforceability in its answer.
The case against the other defendants is still pending.
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