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Kyocera Files for DJ against Imperium (IP)

March 13, 2012

Kyocera filed an action for declaratory judgment against Imperium (IP) Holdings [NPE] and ESS Technologies [NPE], seeking declaration that Kyocera’s camera phones do not infringe three patents related to CMOS sensors for digital imaging devices.  Kyocera also alleges that although Imperium claims to own the patents-in-suit, ESS is actually the rightful owner.  Therefore, Imperium does not have the right to enforce them.  According to the USPTO database, Pictos Technologies assigned the patents-in-suit to ESS in June 2004, and ESS assigned them to Imperium in June 2008 (ESS was acquired by Imperium in 2008).  Imperium filed one prior suit in March 2011 against Apple, Kyocera, LG, Motorola Mobility, Nokia, RIM, and Sony Ericsson.  3/9, Northern District of California, 5:2012cv01195.


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