International License Exchange of America LLC, the unit of Dean Becker’s Equitable IP Holding Corp. that is bringing enforcement actions of Spherix Inc. (SPEX) patents, filed new enforcement actions against DragonWave Inc. and DragonWave Corp., Fortinet Inc. and GTT Communications Inc.
The actions were filed in U.S. District Court in Wilmington, Delaware.
The patent in suit is U.S. Patent No. RE40,999, entitled “VLAN Frame Format, ” which resolves technical problems related to virtual local area network and methods to format a data frame in VLAN network devices.
ILEA is seeking an award of damages adequate to compensate for the defendants’ past infringement of the ’999 patent, and any continuing or future infringement, including interest, costs, expenses and an accounting of all infringing acts including, but not limited to, those acts not presented at trial.
The company also is seeking declarations that the cases are exceptional and an award of reasonable attorneys’ fees.
“Because the ’999 patent is necessary to practice IEEE 802.1Q technology, ILEA agrees to license users of IEEE 802.1Q technology under the ‘999 patent on reasonable, and nondiscriminatory (RAND) terms. ILEA intends to abide by such terms by furnishing a courtesy copy of this Complaint upon filing, in advance of service, so that the Parties may amicably agree
to such a RAND royalty. ILEA intends to negotiate such RAND terms in good faith, and will be amenable to a delay of service and/or an immediate stay of the matter if Defendants also negotiate in good faith, so that no party need bear any unnecessary cost or expense. If Defendants contests the obligation to abide by such terms, through action or inaction, then
Plaintiff shall proceed against Defendants as an unwilling licensee and pursue the highest damages and/or other relief available under the law.
ILEA is represented by Timothy Devlin of the Devlin Law Firm in Wilmington, Delaware.
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