Marathon Patent Group (MARA), the patent monetization company run by CEO Doug Croxall, said its German subsidiary TLI Communication GmbH has brought another patent infringement action in the Regional Court of Munich, Germany against Facebook Inc. (FB).
TLI Communications is asserting infringement of the German part of European patent 0 814 611 B1 by Facebook and other defendants, as well as the associated application software for smartphones and tablet computers. TLI argues the application software can be used on devices with all current operating systems: iOS (Apple), Android (e.g. Samsung) or Windows (e.g. Microsoft Lumia).
The move comes a week after TLI Communications GmbH brought a similar suit against Apple Inc., Apple Distribution International and Apple Retail Germany GmbH in the same court.
TLI Communications GmbH is asserting the German part of European patent 0 814 611 B1 against Apple’s iCloud service, as well as its iPhone and iPad devices, which include the iCloud photo sharing function.
Marathon’s German campaign comes after Marathon and other patent monetization companies have faced stiff headwinds from the courts in the U.S., especially the U.S. Supreme Court’s decision in CLS Bank v. Alice Corp., which essentially invalidated software patents as abstract ideas that aren’t patentable.
The company is planning to appeal a recent decision by Judge T.S. Ellis III of the U.S. District Court in Alexandria, Virginia in TLI Communications v. AV Automotive LLC et al to the Court of Appeals for the Federal Circuit.
Earlier this month, Croxall indicated that Marathon believes it may fare better in German courts than in the U.S. courts because that jurisdiction is not affected by the Supreme Court’s decision in Alice.
Officials from Marathon and Facebook couldn’t be reached immediately for comment.
Shares of Marathon gained 18 cents or 2.7% to $6.85 in early trading on the Nasdaq.
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