Sybase 365, a subsidiary of mobile messaging and m-commerce company Sybase, has announced its intention to vigorously defend the two patent infringement lawsuits recently filed by Telecommunications Systems, Inc. (TCS), in the Eastern District of Virginia, US. Sybase 365 says it is confident that it will succeed in defeating TCS' assertions in both of these new lawsuits and that the new lawsuits will not impact the conduct of its business.
In one of the cases, TCS alleges infringement of its U.S. Patent Nos. 6,891,811 and 7,358,990, without identifying specific Sybase 365 products or services. In the other case, TCS alleges infringement of its U.S. Patent No.7,430,425, and identifies SMS Exchange as the allegedly infringing product. The complaint recites that the '425 patent issues from the same initial patent application that is the subject of other ongoing litigation between the parties (U.S. Patent No. 6,985,748) and involves the same systems and equipment as in the earlier case.
In a reexamination proceeding filed by Sybase 365, on 4 August 2009, the U.S. Patent & Trademark Office issued a notice initially rejecting all of the claims of the '748 patent, to which the '425 patent is directly related. The claims were rejected on multiple grounds of anticipation and obviousness. Issues relating to the '748 litigation are currently on appeal. However, TCS has chosen not to appeal a civil contempt order issued against it, in which the Court found that TCS had violated the Court's protective order.