Inventergy Inc., a unit of Inventergy Global (INVT), the patent licensing company forced to give up the first $30 million of future enforcement recoverables and 70% of recoverables after that to a unit of Fortress Investment Group to cure a loan default, filed an enforcement action against Apple Inc. (AAPL) alleging infringement of six patents.
The action filed in U.S. District Court in Wilmington, Delaware alleges infringement of patents Inventergy acquired from Panasonic Corp. The patents in suit are U.S. Patent Nos. 6,466,563, titled “CDMA Mobile Station and CDMA Transmission Method;” 6,611,676, titled “Radio Communication Apparatus and Transmission Rate Control Method;” 7,206,587, titled “Communication Terminal Apparatus, Base Station Apparatus, and Radio Communication Method;” 7,760,815, titled “Apparatus and Method for Transmission/Rec,” titled “CDMA Transmission Apparatus and CDMA Transmission Method;” 7,848,439, titled “Communication Apparatus, Communication System, and Communication Method;” and 6,760,590, titled “Communication Terminal Apparatus, Base Station Apparatus, and Radio Communication Method.”
The complaint seeks a finding of infringement on each of the asserted patents, a finding that infringement has been and continues to be willful, and a finding that each of the asserted patents is valid and enforceable.
The complaint seeks compensatory damages no less than a reasonable royalty, plus an accounting and supplemental damages for those acts of infringement committed subsequent to the discovery cut-off date in this action through the date final judgment is entered.
In addition the complaint also seeks an order that damages for infringement be tripled for willful infringement and a finding that the case is exceptional, which would mean an award of attorneys’ fees and costs, together with prejudgment
and post-judgment interest.
Finally, Inventergy is seeking to permanently enjoin Apple from any further infringement of the patents.
Inventergy is represented by Brian Farnan and Michael Farnan, partners with Farnan LLP in Wilmington, Delaware, as well as Christopher Seidl, Mary Pheng, Liz Zhu and Seth Northrup of Robins Kaplan LLP.
Officials from Apple couldn't be reached for comment.
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