Apple, 9 others added to expanded patent infringement suit brought by Typhoon Touch Technologies

Typhoon Touch Technologies, Inc. announced today that it has significantly expanded its patent infringement suit commenced in December 2007 against Dell, Inc. by adding Apple Inc. and the following additional defendants via amended complaint: Fujitsu Computer Systems Corporation; Toshiba America Information Systems, Inc.; Lenovo (United States) Inc.; Panasonic Corporation of North America; HTC America, Inc.; Palm, Inc.; Samsung Electronics America, Inc.; Nokia Inc.; and LG Electronics USA, Inc.

“As alleged in the amended complaint, Typhoon believes that numerous defendants are selling and/or offering for sale — what could be millions of devices — which may infringe Typhoon’s patents. The addition of these defendants is a further step in protecting Typhoon’s IP from being unfairly exploited. Hopefully, the world of potential infringers will take notice that it is the Company’s intent to aggressively protect its intellectual property,” stated Craig Weiner, Esq., from the law firm of Hofheimer, Gartlir & Gross LLP in New York City, Director of Legal Affairs and Licensing for Typhoon. “As alleged in the amended complaint, Typhoon believes that numerous defendants are selling and/or offering for sale — what could be millions of devices — which may infringe Typhoon’s patents.”

Typhoon Touch Technologies and its licensee and co-plaintiff, Nova Mobility Systems, Inc., previously reached an out-of-court settlement with Motion Computing, Inc. and recently completed a settlement with Electrovaya Inc., wherein Electrovaya recognized the validity of Typhoon’s patents at issue in the litigation, acknowledged infringement of one or more of the patent claims and made an undisclosed royalty payment of at least 20% on past and future sales of its Scribbler Tablet PC’s in the United States.

In the last month, Typhoon withdrew from preliminary settlement talks with defendant Sand Dune Ventures (Tabletkiosk). The Action, which seeks damages for lost profits as well as a permanent injunction from continued infringing activity by the defendants, is pending in the United States District Court, Eastern District of Texas, Tyler Division, Case No. 6:07-cv-546. The Action was filed on behalf of the Plaintiffs by Blank Rome LLP and shall proceed against both Sand Dune (Tabletkiosk) and the other remaining defendants.

MacDailyNews Note: Eastern District of Texas = Rocket Docket.

Typhoon’s complaint alleges that defendants have infringed and continue to infringe its U.S. Patent No. 5,379,057 (“the ‘057 patent”) issued January 3, 1995 and entitled “Portable Computer with Touch Screen and Computer System Employing Same,” and U.S. Patent No. 5,675,362 (“the ‘362 patent”) issued October 7, 1997 and entitled “Portable Computer with Touch Screen and Computing System Employing Same,” through various actions including the manufacturing, selling, offering for sale, and/or importing of a variety of portable computer products, including but not limited to tablet PCs, slate PCs, handheld PCs, personal digital assistants (PDAs), ultra mobile PCs (UMPCs), smart phones, and/or other products covered by the patents-in-suit.

Source: Typhoon Touch Technologies

28 Comments

  1. @huh?

    The sensed the market is “big enough” to go after now. Why go after the first company with their first device? Suppose the device does not sell well. Where is the profit in that? No better to wait until everyone uses the technology then sue.

    With the US Congress being primarily composed of lawyers – why overhaul the system when the current system provides so much work for lawyers?

    Such a sad system the US has for patents and IP.

    Peace.

  2. Obama / McCain . . . one of you better be paying attention and put a leash on these kinds of activities . . . the Eastern District of Texas is a joke . . .

    It’s the Tim Donaghy of courts

  3. they don’t have the patent for the touch screen but whoever does could make a fortune. since no one has claimed it by now, I’m assuming it’s in the public domain, like windows, or the gui interface

    what all the sued companies should do is file a counter claim for harassment and make the lawyers pay for it, the actual company is probably bankrupt by now.

  4. These idiots do not make anything. They are parasites!

    Their MISSION STATEMENT:
    “Typhoon Touch Technologies, Inc., is committed to maximizing shareholder value by monetizing its foundational and highly relevant intellectual property through negotiated license and royalty agreements, and where necessary, through active litigation.”

    “If you are interested in licensing our technology please contact Jim Shepard.”

    http://www.typhoontouchtech.com/mission.shtml

  5. Cue the mood lighting… fire up Powerpoint… toss the dice… and take your chances to hit the lottery, baby! Schemes to keep us entertained, I tell you.

    People are stupid and messy. I try not to step in it and will walk a mile to avoid it.

    If someone else owns the intellectual property of my Touch tomorrow, who cares! Why should I suddenly expect the bottom to fall out of my experience? I don’t, I’ll want it to continue and even if the technology fell into the hands of private equity, their gonna milk that fsckr for all it’s worth.

    Capitalism cannibalizes its young and every thing is negotiable, including the rules!

    … I think I’ll put the pipe down for a while… it’s not even noon and I gotta go wash my car.

  6. Hmmm… Apple should be able to fight this if the Apple Newton had such technology before Typhoon applied for the patent, which would be superceeded by prior art exceptions. Apple might be able to fight this with ease all thanks to the Apple Newton ” width=”19″ height=”19″ alt=”grin” style=”border:0;” />

  7. This is how they work:
    Typhoon Touch Technologies crates a second “Non related” company that uses his patent and built any product. They sue them, since they are the same company, they lost the suit. That leaves a suit precedent in the court, and under the same resolution, they sue the rest of the companies.

    Once one company lost the suit, the judge has to resolve in the same mater to the rest. But the problem is that the first company that lost the suit, belongs to the same company that sue them.

  8. Had to think back away.

    Twenty one years ago, 1987, I installed a touch screen.

    I worked in the back shop of an Apple Dealer fixing Macs. Had someone from OSU bring in a Mac II and the Apple Hi Res Color Display 13″. They had bought a third party touch screen that could be installed onto this monitor. Needed to use it for handicapped kids. I got to be the lucky one to install it.

    Tools required: screw driver, wrench, pliers, hammer and saw. I kid you not. It was one of the funnest installs I ever did. Had to modify the plastic housing and metal frame. It was a piece of glass the same size as the screen and it was attached with double stick tape along the edges. Once all the modifications were done and the monitor put back together, it looked perfect. You just had an extra wire coming out the back that plugged into a NuBus card.

    Installed the software, calibrated it and it worked just like the mouse. One tap to highlight and two taps to open stuff. Drag finger to move stuff.

    I believe the touch screen was a capacitance type.

  9. “personal digital assistants (PDAs), ultra mobile PCs (UMPCs), smart phones, and/or other products covered by the patents-in-suit.”

    I do not see where the iPhone is a computer nor are smart phones or pdas.

    Their patent clearly says computer. Since they do not have a patent on a touch screen, how can they patent its use???

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