Constant Contact Files DJ against Umbanet
- November 15, 2012
Constant Contact filed a complaint for declaratory judgment against Umbanet, seeking declarations that Constant Contact’s email marketing product and other commercial email services it provides to customers do not infringe two patents related to email composition and associated tools that allow for the creation of hidden parts in an email that are not shown to the receiver. According to the complaint, Constant Contact’s customers, including Englewood Wine Merchants, have been sued by Umbanet and have sought indemnification and defense from Constant Contact. Umbanet has filed four prior suits since September 2012 against Cape Resorts Group, Classic Auto Spa, Englewood Wine Merchants, and Tumi. The patents-in-suit were issued to Intellinet and assigned to Umbanet in December 2009. Umbanet was founded in April 2000 by Michelle Baker, the named inventor on the patents-in-suit, and reportedly evolved from an Intellinet research project to develop education software for children. Additionally, Baker founded Intellinet in 1992, which reportedly developed and patented software technologies to be licensed to others for commercialization and was funded by grants from the National Science Foundation. 11/14, District of Delaware, no judge yet assigned, 1:2012cv01467.