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 filed two new suits, one against RingCentral, and the other against AT&T and RIM. The first suit, filed on December 21 against RingCentral, alleges that RingCentral’s Office product infringes two patents related to telecommunications services (7,397,910, 7,555,110). The second suit against AT&T and RIM was filed on December 28 and alleges infringement of two additional patents related to mobile subscriber systems (6,771,970) and call routing (7,907,933). AT&T and RIM are accused of violating the patents through their family location and direct carrier billing services. CallWave Communications previously asserted the same patents in a prior suit against AT&T and other mobile wireless carriers on December 12, 2012. The ‘970 patent originated with LocationNet and was reviewed by RPX as an open market opportunity (LocationNet) in November 2011. The other three patents were assigned to FuzeBox (formerly CallWave Inc.) in March 2012, before being assigned to CallWave Communications in September 2012. 12/28, District of Delaware, 1:2012cv01788. 12/21, District of Delaware, 1:12cv01748.
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