Publicly traded Marathon Patent Group, Inc. has announced a settlement with Symantec, ending the company’s litigation against the NPE and several other defendants over alleged fraud and misrepresentations stemming from a 2012 patent monetization agreement. As Marathon recently disclosed in an SEC filing, the settlement was executed on March 8 and has led to the dismissal of litigation filed by Symantec in California state court against Marathon; IPNav and its founder and former CEO Erich Spangenberg; two other entities involved in the relevant transactions, Marathon’s Clouding Corp. and IPNav’s Clouding IP LLC; and Clouding IP’s manager, William J. Carter. The settlement also resolved a related Delaware District Court suit filed by Symantec against IPNav and Spangenberg alone.
Clouding IP filed eight separate suits against CNN, Dow Jones & Company, Fox News, Gannett, Huffington Post, New York Times, Thomson Reuters and Time alleging that the defendants’ websites and mobile applications infringe two patents related to remote data access. Clouding IP is a plaintiff entity under the control of IP Navigation (IPNav). Clouding IP launched litigation efforts in May of 2012 and has filed seven prior cases against Amazon.com, Apple, Google, Microsoft, Motorola Mobility, Oracle and Rackspace. The patents-in-suit were assigned by Symantec to Clouding’s predecessor entity, Stec IP, in February 2012 along with 34 other patents and one published application. Additional patents from Symantec are the subject of two other IPNav-led litigation campaigns, ReefEdge and Data Carriers. 12/4, District of Delaware, 1:2012cv01639, 1:2012cv01640, 1:2012cv01641, 1:2012cv01642, 1:2012cv01643, 1:2012cv01644, 1:2012cv01645, 1:2012cv01646.
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