Federal Circuit Upholds Non-Infringement Ruling for Google, BlackBerry, and Wireless Carriers

January 15, 2017

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 Markman order 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.

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