Innovative Communications filed five separate suits against A3J Engineering, AOpen America, ENR Technologies,Loop Telecommunication International and Radicom Research. The complaints allege that the defendants’ modem products infringe four patents related to voice and data transmission. Innovative Communications has previously asserted the same four patents against D-Link and Texas Instruments (TI). The patents-in-suit originated with AT&T and were assigned to Patent Business Development by Zhone Technologies in February 2011. The patents-in-suit are part of a portfolio of at least 41 patents patent broker Robert Westerlund marketed on behalf of Zhone in 2009. In September 2004, Paradyne retained Robert Westerlund and Eric Dowling as consultants to represent Paradyne in the sale or licensing of their patents. The agreement specified that each would be paid 7.5% of up to ten million in net revenues. A year later, Paradyne was acquired by Zhone. In May 2010, Westerlund and Dowling sued Zhone for $750,000 in damages from alleged breach of the agreement between Westerlund and Dowling and Paradyne. A stipulation of dismissal in the case was entered on February 14, 2011, the same day the patents were assigned to Patent Business Development. Westerlund is the correspondent for Patent Business Development. Other patents from the Zhone portfolio have been asserted in litigation campaigns by plaintiff entities Digital Signal Innovations, Telecomm Innovations,and Driden Communications. RPX reviewed the patents-in-suit on the open market (Zhone – Acq) in August 2009. 11/19, Central District of California, assigned to Judge Michael W. Fitzgerald and referred to Magistrate Judge Stephen J. Hillman, 2:2012cv09905; 11/20, Central District of California, assigned to Judge James V. Selna and referred to Magistrate Judge Arthur Nakazato, 8:2012cv02021; assigned to Judge Josephine Staton Tucker and referred to Magistrate Judge Marc L. Goldman, 8:2012cv02023; assigned to Judge David O. Carter and referred to Magistrate Judge Robert N. Block, 8:2012cv02024; 11/21, Central District of California, assigned to Andrew J. Guilford and referred to Magistrate Judge Arthur Nakazato, 8:2012cv02036.
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