New NPE Sues Motorola Solutions and Seven Other Wireless Equipment Providers

  • January 20, 2012

M2M Solutions [NPE] filed five separate suits against Cinterion Wireless Modules, Enfora, Gemalto, Motorola Solutions, Novatel Wireless, Sierra Wireless, SIMCom Wireless, and Telit Wireless, alleging that the defendants’ wireless modules and mobile tracking devices infringe two patents related to programmable wireless communications circuits.  These are the first patent infringement suits initiated by M2M.  Eveline Wesby-Van Swaay is the named inventor on the patent-in-suit, which she assigned to M2M Solutions on January 8, 2012.  According to a patent related rights decision from the United Kingdom, ”Dr Wesby-Van Swaay’s case can be summarised as follows. She is a Dutch national, a paediatrician by profession, and was living in Finland at the time that she invented the device to which the patent applications in suit (‘the applications’) relate. She currently lives in the United Kingdom. Her husband, Mr Philip Wesby, who was working for Nokia at the time, helped her to draft the applications. In 2001, the couple agreed with others to set up a company initially called SmartLink and then renamed as Actineon Inc (‘Actineon’), the defendant in these proceedings. Actineon was eventually set up on 1 May 2002 with a board of directors which included Mr Wesby, who remains a director. Prior to that, on 1 November 2001, Dr Wesby-Van Swaay assigned the applications, under duress, to Actineon. The assignment was made with a view to attracting investment to the company and on the understanding that she would be paid retrospectively from such investment. However in the event, Actineon closed at the end of April 2004 for lack of financing. Dr Wesby-Van Swaay states that she has received no payment and seeks an order under section 12 reinstating her rights.”  M2M maintains its principal place of business in the United Kingdom.  1/13, District of Delaware, 1:2012cv00030; 1:2012cv00031; 1:2012cv00032; 1:2012cv00033; 1:2012cv00034.


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