The Federal Circuit has upheld a final judgment of non-infringement for Google, BlackBerry, AT&T, Verizon, and T-Mobile, putting an end to the carrier billing track of a broader litigation campaign waged by CallWave Communications, LLC (2016-1684, 2016-1685, 2016-1686, 2016-1687, 2016-1688). In a Rule 36 affirmance issued on January 10, the court declined to overturn a December 2014 Markmanorder in which District Judge Richard Andrews construed two key claim terms from the patent at issue (7,907,933) such that CallWave could not prove infringement by Google, BlackBerry, and the wireless providers. The defendants had been accused of infringing the ‘933 patent through the carrier billing features offered in the Google Play Store and RIM App World. The Federal Circuit’s decision came in the same week as the entry of final judgment for the defendants in the campaign’s location services track, following the September 2016 invalidation of another CallWave patent (6,771,970) under Alice.
CallWave Communications (listed incorrectly in PACER as CallWave Communication singular) filed suits against four mobile carriers: AT&T, Sprint Nextel, T-Mobile, and Verizon alleging that mobile services related to voice, mapping and commerce technology supplied by Google infringe a number of patents. (Google is named as a co-defendant in each of the four suits.) Two patents are asserted in the suits against all five defendants. The first, a patent related to locating a mobile subscriber, originated with Locationet and was previously available on the open market in 2011 (LocationNet). The second patent, related to call billing, was previously assigned to online video conferencing provider, Fuzebox. In July 2012, Fuzebox announced that it had raised $20M in Series A funding. At the time, media sources also reported that Fuzebox was spinning out its patent portfolio for monetization as CallWave. (CallWave was the former name of Fuzebox.) Additional Fuzebox/CallWave patents are asserted in the cases against three of the carriers. The AT&T complaint also includes two additional patents, the Sprint complaint one, and the Verizon suit one more. These four additional patents also originated from Fuzebox. 12/12, District of Delaware, 1:2012cv01701; 1:2012cv01702; 1:2012cv01703; 1:2012cv01704.
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