Fourth Litigation Campaign Linked to Westerlund and Zhone

  • November 22, 2012

Innovative Communications filed two separate suits against D-Link and Texas Instruments (TI), alleging that a D-Link modem driver product and TI chipsets infringe four patents related to voice and data transmission.  These are the first patent infringements suit initiated by Innovative Communications.  According to the complaint, Innovative Communications sent letters to D-Link and TI on November 2, 2012 and November 6, 2012 respectively, informing D-Link and TI that they were infringing the patents-in-suit. 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.   11/16, Eastern District of Texas, no judge yet assigned, 4:2012cv00725; Central District of California, assigned to Magistrate Judge Robert N. Block, 8:2012cv02006.


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