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Padcom filed a declaratory judgment action today against competitor, NetMotion
December 28, 2005
BETHLEHEM, Pa. -- Padcom®, Inc., a leading wireless mobile VPN provider, filed a declaratory judgment action today against competitor, NetMotion Wireless, Inc., of Seattle. Padcom’s suit alleges a recently issued patent assigned to NetMotion is invalid, unenforceable and not infringed.
The suit was filed in United States District Court for the District of Delaware, where another action is pending between the two companies in which Padcom alleges NetMotion infringes three of its patents: U.S. Patent Nos. 6,418,324, 6,198,920 and 6,826,405 (Civil Action No. 03-983). The technology of these patents relates to Padcom’s TotalRoam® software solutions, including TotalRoam® Mobile Virtual Network (MVN), which enable roaming across multiple active dissimilar networks.
“We were concerned that NetMotion would bring suit against Padcom based on the newly issued patent, so to adequately protect our interests we had no choice but to file the suit,” said Scott A. Stone, Padcom® President and CEO. “This market continues to expand with our technology at its core, and our customers require the protected patented solution we have to offer.”
The complaint claims that Padcom’s products do not infringe any valid claim of NetMotion’s patent. It also alleges that claims of the NetMotion patent are invalid in light of similar technology that existed prior to the filing date of the patent application, and that the patent is unenforceable because NetMotion failed to disclose material information describing pre-existing technology to the U.S. Patent and Trademark Office.
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