A Texas judge has upheld a noninfringement verdict for HP and HP Enterprise (HPE) in a Network-1 Technologies, Inc. lawsuit but overturned the jury’s finding of invalidity as to the asserted Power-over- Ethernet (PoE) patent (6:13-cv-00072). In a sealed August 29 order addressing a variety of post-trial motions, as well as issues from a May 2018 bench trial, District Judge Robert W. Schroeder III denied Network-1’s motion for a new trial on infringement yet granted judgment as a matter of law of validity, ruling that the patent is not invalid as obvious as found by the jury. Publicly traded Network-1 previously disclosed to investors that the newly revived patent-in-suit had been responsible for the majority of its licensing revenue prior to the invalidation of the claims asserted against HP and HPE.
The Federal Circuit has upheld a Patent Trial and Appeal Board (PTAB) decision that a media content identification patent held by publicly traded Network-1 Technologies, Inc. is not invalid over certain prior art (2017-1379). In a two-page order issued on January 23, the court affirmed the PTAB’s October 2016 holding in a covered business method (CBM) review filed by Google (CBM2015-00113) that the patent at issue is not invalid as obvious, ruling that the Board did not err in its construction of a key claim term.
Following reported settlements over the past year with Apple, Dell, Sony, and others, publicly traded Network-1 Technologies, Inc. announced this week that it has reached an agreement with Polycom, ending its litigation against the company over the NPE’s 6,218,930 patent. In a press release issued on October 4, Network-1 reported that under the terms of the settlement, Polycom has agreed to license the patent and pay a license initiation fee of $5M “for past sales of its Power over Ethernet (“PoE”) products” plus ongoing royalties based on its sales of PoE products. To date, Network-1 has sued over 20 companies for alleged infringement of the ‘930 patent, which generally relates to detecting PoE compatibility of networked devices. Active defendants in the campaign currently include Avaya, Canon (Axis Communications), Hewlett Packard Enterprise (HPE), and Juniper Networks.