Two Defendants Join Akoloutheo’s Network Management Campaign, as Another Seeks a More Definite Statement

January 11, 2019

Akoloutheo, LLC has added two more cases to its network management campaign, suing Mitel Networks (4:19-cv-00021) and Palo Alto Networks (4:19-cv-00014), both in the Eastern District of Texas. The sole patent asserted generally concerns “controlling any type of transaction between providers and consumers of information services”. In the Mitel complaint, Akoloutheo identifies “Mitel Software” (as covering “Mitel’s Teamwork, MiCollab, MiTeam, OfficeLink, MiCloud, MiContact, MiVoice and Phone Manager software systems”), “Mitel Network Devices” (as including “Mitel’s Sky, MiCloud, Clearspan, Collaboration Service, StreamLine, and MiVoice Appliances, Consoles, Controllers, Devices, Gateways, Routers and Switches”), and “Network Resources” (as “components that are communicably coupled to, and provide access to, a plurality of networked data, communication, information and application resources”) before collectively defining all of them as a “Mitel System” that the NPE identifies as the “infringing instrumentalities”. Faced with analogous definitions and identifications, prior defendant Netscout Systems has, in lieu of answering the complaint filed against it, moved under Rule 12 for a more definite statement concerning the products specifically accused of infringement in that case, characterizing Akoloutheo as having attempted to meet its pleading obligations “through length, rather than clarity”.

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