VoIP-Pal Sues Apple with Newer Patents as the PTAB Considers Sanctions Under “Extraordinary Circumstances”

May 26, 2018

Publicly traded VoIP-Pal.com, Inc. has filed a second District of Nevada case against Apple (2:18-cv-00953), asserting four, more recent patents in the same family as those at issue in the NPE’s previous, February 2016 suit. The patents generally relate to routing messages between private and public networks based on stored caller profiles, with Apple once more accused of infringement through its devices’ iMessage and WiFi calling features. The new complaint follows by six months final written decisions in two inter partes reviews (IPRs) of the previously asserted patents, sustaining all of the claims challenged by Apple. In both of those proceedings, Apple has since asked the Patent Trial and Appeal Board (PTAB) to enter judgment against VoIP-Pal (or, alternatively, vacate those decisions and restart “a constitutionally correct process going forward”) in light of allegedly improper ex parte communications with the Board (also copied to various other government officials), Apple beginning its brief by noting that “[e]xtraordinary circumstances call for extraordinary measures”.

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