Royalty Report: Telecommunications Svcs & Equip, Telecommunications Equip, Software – Collection: 5427

License Grant

The jury rendered a verdict that we infringed the nCube `804 patent.

A Delaware District Court jury unanimously upheld nCUBE's patent for VOD delivery and found that SeaChange willfully infringed the patent related to communication between a server and a set-top box, filed in 1998.

License Property

Patented technology that concerns a unique video server architecture specially suited for VOD delivery, allowing the video server to provide scalable video services to all service providers, while requiring only minimal changes to the video server in order to make it compatible with the existing systems.

License Grant

The Licensor filed a consolidated patent infringement suit against the Licensee in fiscal 2010 and after a nearly three week trial that ended October 6, 2011, the jury reached a partial verdict involving two out of the six patents.

The Court determined that one of the patents (U.S. Patent 7,058,150) [the ‘150 patent] had been infringed by the Licensee, and the jury rendered an advisory verdict to the Court that the ‘150 patent is not invalid, and awarded approximately $0.4 million in damages related to that patent.

The jury reached a unanimous verdict of non-infringement on another patent relating to the Licensees Fibre Channel switch products.

A mistrial was declared on the remaining four patents for which no unanimous verdict was reached. Subsequent to the trial, the Court issued orders consistent with the advisory verdicts of invalidity, and also issued an order that one of the four remaining patents (U.S. Patent 7,471,691) [the'691 patent] had been infringed by us.

On April 4, 2012, we filed a notice of appeal with respect to the ‘150 patent and the ‘691 patent infringement findings.

On March 16, 2012, the Court issued a decision concerning injunctive relief for the ‘150 and the ‘691 patents.

The decision provided, in part, for a sunset period of 18 months relating to the ‘150 patent, starting on October 12, 2011.

The sunset period allows the Licensee to sell the affected products to existing customers for specific customer devices, subject to limitations relating to when the products had been qualified and when certain firm orders had been placed.

The decision further provided for a sunset period of 18 months relating to the ‘691 patent, starting on December 16, 2011.

License Property

The affected products for the ‘150 patent include the BE2, BE3, XE201, and SOC 442 ASICs, products containing them, and products not colorably different from them.

The affected products for the ‘691 patent include the SOC 320, SOC 422, and SOC 442 ASICs, products containing them, and products not colorably different from them.

The decision further provided for Licensee to pay a royalty on all sales of such products made during The sunset period. The decision also clarified that foreign sales (outside the U.S.) are beyond the scope of the suit.

License Grant

Judgment was entered against a telecomm company that it has infringed U.S. Patent No. 6,985,748, the patent is not invalid, and licensee must pay approximately $12M in damages, which includes past damages through May 2007 based on a post-issuance royalty.

The final judgment does not account for any continued infringement by licensee after the May 2007 jury verdict. Accounting for any damages arising after the jury verdict will be addressed later by the Court, based on the outcome of any appeal in the case. The Court also permanently enjoined and restrained licensee from further infringement.

License Property

The case was originally filed on July 12, 2006, against licensee for infringement related to U.S. patent No. 6,985,748, Inter-Carrier Short Messaging Service Providing Phone Number Only Experience ('the '748 patent'), issued to licensor. U.S. Patent No. 7,430,425, which shares the same priority date as the '748 patent, issued on September 30, 2008 adding claims describing a method for inter-carrier digital message with user data payload messaging, and on November 26, 2008 U.S. Patent No. 6,658,260, which is the original patent issued on which the '748 patent is based, was allowed for reissuance.

License Grant

In exchange for releasing certain of the patents previously assigned to Licensor, Licensor is to arrange with Licensee that, upon consummation of this merger, Licensor will receive royalty on the net sales of digital subscriber line components that constitute part of the Traverser Digital Video and Data Delivery systems and related technology being developed.

License Grant

A  jury ruled in the U.S. District Court for the District of Delaware that the Licensee had infringed a patent owned by the Irish Licensor in relation to the application of NanoCrystal® technology.

License Property

NanoCrystal technology can improve the bioavailability of drugs by transforming them into nanometer-sized particles that can be used to create more effective and convenient dosage forms such as tablets, capsules, liquids, and powders. The Licensee has announced its intention to appeal the ruling. Consequently, pending final resolution of this matter, no settlement amount has been recognized in the interim financial statements.

License Grant

The Licensor of British Virgin Islands entered into a Licensed Works Agreement, Licensed Works Agreement Statement of Work and a Patent License Agreement with the Mexican Licensee, under which the Licensor agreed to integrate our bandwidth management technology and related intellectual property into future Lotus Unified Communications offerings by the Licensee, and to provide maintenance support services.

The Agreements have a five year term and are non-cancelable except for material default by either party.  The Agreements also convey to the Licensee a non-exclusive world-wide License to our patent portfolio existing at the time of the Agreements and for all subsequent patents issued with an effective filing date of up to five years from the date of the Agreements.

License Property

The Licensor's broad portfolio of patents covers, among other areas, video and rich media collaboration technologies, networked real-time text and non-text Communications and desktop workstation echo cancellation.

In general, patents relate to networked real-time conferencing related technology.  Patent numbers include  7,398,296; 7,206,809; 7,185,054; 7,152,093; 7,054,904; 6,972,786; 6,959,322; 6,816,904; 6,789,105; 6,594,688; 6,583,806; 6,437,818; 6,426,769; 6,351,762; 6,343,314; 6,237,025; 6,212,547; 6,081,291; 5,978,835; 5,915,091; 5,896,500; 5,884,039; 5,867,654; 5,854,893; 5,802,294; 5,758,079; 5,751,338; 5,689,641; 5,617,539.

“Node” means a single computing device, such as a hardware server.

“Session Initiation Protocol” (“SIP”) means a signalling protocol, widely used for setting up and tearing down multimedia communication sessions such as voice and video calls over the Internet.

“Multipoint Control Unit” (“MCU”) means an endpoint on the local area network that provides the capability for three (3) or more terminals and gateways to participate in a multipoint conference.

“Virtual Private Network” (“VPN”) means a computer network in which some of the links between nodes are carried by open connections or virtual circuits in some larger network (e.g., the Internet) instead of by physical wires.

Field of Use

The rights granted apply to multimedia telecommunications.

License Grant

Trial in the Company's U.S. case based on the Kastenhofer patent in Federal District Court in California concluded in October 2007 with a jury finding that the patent was invalid. The licensee was found to infringed a patent covering features of the chemically treated and multi-layered guide wire tubes that enable catheters to slide into place. The jury also found for patent owner on its counterclaim that sale by the Company of its balloon catheters and stent delivery systems infringe owner's Fontirroche patent. The Court has denied the Company's post trial motions.

License Property

Fontirroche patents pertain to designs for balloon catheters and stent delivery systems.