Court awards US$3.3 million to Nomadix and issues Permanent Injunction against Second Rule over IP3 NetAccess Gateway solution
California, 1 April 2009 DOCOMO interTouch announced that its subsidiary Nomadix Inc. has won a patent enforcement action against Second Rule LLC, the maker of the IP3 NetAccess gateway. The Federal Court in the Central District of California ruled on March 31, 2009, in favour of Nomadix on its claims that Second Rule willfully infringed five of Nomadix’s patents. The Court awarded Nomadix a total of US$3.3 million in damages and attorney fees. The Court also issued a Permanent Injunction against Second Rule.
The Permanent Injunction prevents Second Rule from manufacturing, selling, importing, exporting, and transferring the IP3 NetAccess gateway or any other gateway that infringes any of the five Nomadix patents involved in the lawsuit. In addition, it prohibits Second Rule from upgrading, supporting and servicing any existing IP3 NetAccess gateways, and from assisting anyone else to make, use or sell the gateway technology found to infringe Nomadix’s patents.
“DOCOMO interTouch and Nomadix have invested significant effort and resources over the past several years to uphold the patents and enforce them against those in our industry who are adopting and competing on Nomadix’s patented technology without regard to our patents,” Charles Reed, CEO of DOCOMO interTouch, said. “We are extremely pleased by the judgment and the injunction granted by the Court today.”
Doug Muehlhauser of Knobbe Martens, counsel for Nomadix, said: “We trust that the Court’s ruling will send a strong message to the industry on Nomadix’s patented technology as well as DOCOMO interTouch’s commitment to enforce these patents.
Nomadix has long considered its technology fundamental to mobile computing, especially in the hospitality industry. The successful conclusion of this litigation against Second Rule truly underscores the growing value of Nomadix’s patent portfolio in the area of mobile computing.”
The suit against Second Rule involved five U.S. patents relating to several High-Speed Internet Access (HSIA) gateway features, including plug-and-play, home-page redirection, zero-configuration proxy service, and automated billing via seamless integration between the gateway and a hotel’s property management systems. Supported by the opinions of computer networking expert Dr. Stuart Stubblebine, who carefully studied the IP3 NetAccess software, Nomadix presented strong evidence that the Second Rule’s IP3 NetAccess gateways infringed all five of Nomadix patents.
“The evidence of infringement that we obtained through this litigation unquestionably establishes that a hotel would infringe Nomadix’s patents by using an IP3 NetAccess gateway in its HSIA system.” said Mr. Muehlhauser.
DOCOMO interTouch will assist hotels and end users who have been adversely affected by the Court’s infringement ruling against Second Rule, as well as continue to evaluate whether others in the industry are respecting Nomadix’s U.S. and foreign patents.
Those interested in speaking with representatives from Nomadix to help evaluate how best to protect their ongoing business and to ensure continuity should call 1-800-666-2349 in the U.S. or email at sales@nomadix.com. Customers in other countries should visit our website www.nomadix.com for local/regional phone numbers and email addresses.
About DOCOMO interTouch DOCOMO interTouch provides a full suite of integrated solutions to the global hospitality industry. We are one of the world’s largest hotel technology service providers, delivering reliable and secure wired and wireless broadband connectivity services, multi-media services, and interactive television and managed network solutions. Our one-stop-shop solution, round-the-clock network monitoring and multi-lingual customer support enable hotels to offer a superior guest experience, facilitating communications for today’s business travellers.
Since 1998, DOCOMO interTouch has been serving the hospitality industry, managing more than seven million broadband connections each year in guest rooms, meeting rooms and business centres worldwide. Our innovative technologies provide travellers and conference attendees with convenient access to enjoy communication, information and entertainment services in over 63 countries.
Headquartered in Singapore and with operations throughout Asia Pacific, Europe, Africa, the Middle East and the Americas, DOCOMO interTouch is growing into the Americas and has offices in 50 countries worldwide on these continents. DOCOMO interTouch is a wholly-owned subsidiary of NTT DOCOMO, a global leader in mobile telecommunications technologies.
More information on DOCOMO interTouch is available on http://www.docomointertouch.com
About Nomadix Nomadix offers gateways for seamless wired and wireless connectivity solutions across public access networks and enterprise. Powered by patented technology, Nomadix enables revenue generation and customisation in a number of business models. With Nomadix, public access network providers are able to deploy cost-effective, secure and easy to use network services that adhere to high industry standards. Nomadix is a wholly-owned subsidiary company of DOCOMO interTouch. For more information, visit http://www.nomadix.com
About Knobbe Martens Knobbe Martens’ attorneys specialize in intellectual property law. The firm is one of the largest intellectual property law firms in the United States and clients around the globe in all areas of intellectual property law. Knobbe Martens’ clients include public and private companies at various stages of growth from start-up to Fortune 500.