Just like CSIRO did a Telstra spinoff is now trying to use the US legal system to seek hundreds of millions of dollars for patent infringments.
Hot on the heels of CSIRO’s recent US court win in its bid to seek hundred of millions of dollars from Intel, Microsoft, Dell and others for what it says are WiFi patent infringements, WA-based (and ASX-listed) Ipernica – a Telstra spinoff formerly known as QPSX – is also looking toward a possible big payoff via the US legal system.
Ipernica says a favourable US ruling last week has put it significantly closer to a trial of its claims of patent infringement by US giants Cisco, Lucent, Alcatel, Juniper Networks and Nortel Networks.
Ipernica/QPSX holds a US patent over technology known as statistical multiplexing (“Stat Mux”) used for managing traffic flow in networks. A successful case could net the Australian company hundreds of millions in damages and future royalties.Judge Ward of the US District Court for the Eastern District of Texas, last week issued a ruling on the arguments previously presented at a so-called “Markman” hearing. The receipt of this ruling completes an important stage of the litigation, and takes the company a significant step closer to trial, Ipernica told the ASX.
The judge’s decision provides the company with a much greater degree of certainty as to how its patent will be interpreted at trial, and enables it to focus its efforts on trial preparation, Ipernica said. “The decision is an important step forward … we are happy that the case can now proceed to trial,” says Ipernica MD Graham Griffiths. “Separately, the certainty which this ruling provides will assist our ongoing efforts to enforce and license the Stat Mux patent.” The parties are scheduled to attend pre-trial mediation in Texas on February 6-7. If that doesn’t result in a settlement, the case goes to trial before a jury on April 2.
