Marking Object Virtualization Intelligence LLC, a Plano, Texas-based non-practicing entity with patents acquired from Rovi Corp. (ROVI), filed an enforcement action against Japan’s Hitachi Ltd., Hitachi Data Systems Corp., Hitachi America Ltd and Hitachi ID Systems.
The action filed in U.S. District Court in the Eastern District of Texas alleges that Hitachi and its affiliates have infringed U.S. Patent Nos. 6,802,006, entitled “System and Method of Verifying the Authenticity of Dynamically Connectable Executable Images,”; 7,650,504, entitled “System and Method of Verifying the Authenticity of Dynamically Connectable Executable Images;” and 7,124,114 entitled “Method and Apparatus for Determining Digital A/V Content Distribution Terms Based on Detected Piracy Levels,” .
The action notes that Rovi was a pioneer and leader in protecting computer technology, including digital rights management (DRM) and digital watermarking systems. Rovi assigned MOV Intelligence rights to over 233 patents including many of John O. Ryan’s, the founder of Rovi predecessor Macrovision, groundbreaking patents.
MOV Intelligence says in the action it is committed to advancing the current state of DRM and watermarking technologies. Its MOV Intelligence Global Licensing LLC unit assists in the licensing of MOV Intelligence’s patents in territories outside the U.S. with a focus on the European Union.
MOV’s action says the patents in suit gave been cited by dozens of companies who were issued U.S.patents including: Intertrust Technologies Corp., International Business Machines Corp., Intel Corp. Microsoft Corp., Check Point Software Technologies Inc., Nokia Corp., Ipass Inc., Nytell Software LLC, Amazon Technologies Inc., Panasonic Corp., Matsushita Electric Ind. Co. Ltd., NXP B.V., Hewlett-Packard Development Co. L.P., Apple Inc., Lockheed Martin Corp., Symantec Corp. and Zone Labs Inc.
The NPE is seeking a finding of infringement against Hitachi and its affiliates for all three patents, damages and a finding of willful infringement, which could mean triple damages. The action also seeks a declaration that the case s exceptional and an award of attorney fees.
MOV is represented by Dorian Berger and Daniel Hipskin, a partner with Berger & Hipskind LLP in Los Angeles, and Elizabeth DeRieux and D. Jeffrey Rambin, of the law firm of Capshaw DeRieux in Gladewater, Texas.
Hipskind said in a phone interview that the patent purchase agreement MOV signed with ROVI happened recently. "They haven't been sitting on these assets for long." He declined to disclose the terms of patent purchase agreement or comment on MOV's backers.
"We fully intend to pursue the idea of willfulness given the broad standard now available under the Federal Circuit's most recent rulings." He added that the patents in suit are key to the functionality of some of the accused products and those products may offer the chance for the biggest recoveries.
The company also filed an enforcement action on Sept. 28 against Symantec Corp. and earlier this month filed related actions against Fujitsu, Arris Group, SAP America, Cisco Systems Inc., Barracuda Networks Inc. and Arista Networks.
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