Docket Number: 2:2011-cv-12303
Date Filed: 5/25/2011
Judge: Hon. Lawrence P. Zatkoff
Visual Interactive Phone Concepts, Inc. (“Plaintiff”) filed suit against AT&T, Inc. (“Defendant”) for patent infringement of U.S. Patent Nos. 5,606,361 and 5,724,092. The patents generally covered different interactive mailbox facilities that could be utilized by videophones. “Videophones” is defined as “any device having the capabilities to receive video/voice and or video/text as its primary function and which, in the future, may have additional capabilities added to it that will enable it to perform functions that a PC computer system performs today” and includes cellular videophones, wireless videophones and all videophones integrated with additional PC capabilities or technologies (i.e., disk storage, CDs, diskettes, and memory in megabyte range).
Plaintiff alleged that many of Defendant’s products infringed on Plaintiff’s patents by providing the following videophone-services: a mobile TV and video service, a mobile music service, a Media Net service, and a Media Mall services. Plaintiff asked for the following relief: a permanent injunction, damages, treble damages for intentional and willful infringement of the patents, pre-judgment and post-judgment interest and costs, attorneys’ fees, and any other relief the court saw as proper. The District Court filed an Order to Show Cause on June 3, 2011; that Order was withdrawn on that same day. On July 22, 2011, the court filed an Order for Dismissal without prejudice.