Voip-Pal.com Files an Opposition to Apple and Amazon’s Motion to Dismiss; The Company Also Files its Appeal with the U.S. Court of Appeals for the Federal Circuit
The Company Remains Determined to Enforce Its Intellectual Property Rights
June 26, 2019 -- Voip-Pal.com Inc. (“Voip-Pal”, “Company”) (OTCQB: VPLM) announced two significant legal filings in support of its patent lawsuits.
On June 19, 2019, the Company filed its opposition to a consolidated motion to dismiss filed by Apple and Amazon in Case Nos. 18-CV-6216-LHK and 18-CV-7020-LHK, which are overseen by the Honorable Judge Lucy H. Koh (District Court, N.D. Cal.). These cases asserted patent infringement of the Company’s U.S. Patent Nos. 9,537,762, 9,813,330 9,826,002 and 9,948,549.
Separately, on June 25, 2019, the Company filed its Appeal brief with the U.S. Court of Appeals for the Federal Circuit, strongly challenging the District Court’s decision dated March 25, 2019, granting the Defendants’ motion to dismiss under 35 U.S.C. §101 in Case Nos. 18-CV-06217-LHK, 18-CV-06177-LHK, 18-CV-04523-LHK, and 18-CV-06054-LHK, which asserted the Company’s U.S. Patent Nos. 8,542,815 and 9,179,005. Both filings can be viewed on the Company website www.voip-pal.com.
Emil Malak, CEO of Voip-Pal, explained, “Like many smaller innovators, our Company’s patents have faced serial challenges from Big Tech firms, relying on new legal loopholes. In particular, a spate of challenges are being brought against under § 101 based on a 2014 case called Alice, which has undermined patent protection of computer-based inventions. Just three weeks ago, hearings conducted before the Senate Judiciary IP Subcommittee Hearings, led by Senator Thom Tillis, highlighted widespread frustration with how Alice has destroyed patent rights since 2014.”
Mr. Malak continued, “The case law based on Alice is strongly biased against computer-implemented and software inventions—which many Courts dismiss as ‘generic and abstract’ and thus patent-ineligible. Such interpretations make no sense in a day when everybody’s phone is a mini-computer that runs via innovative data software. We are optimistic the legislators and the courts will take appropriate action to properly protect software patents that improve computer functionality.”
“As an inventor myself, I can attest that all ideas begin as an abstract dream that evolves into a practical invention. Unfortunately, misinterpretation of the Alice 101 decision by many Courts along with confusion created by the guidance given by the U.S. Supreme Court has resulted in a further killing field of many valuable patents.”
“Over the nearly 15 years since I began with Digifonica, we have experienced many ups and downs. During that time I have declined offers that could have enriched me personally but would not have been beneficial for our shareholders. The shareholders, small and large are the reason we continue to fight, and the reason we will not stop until we receive fair and just monetization for all, based on the technical merits of our patents. Patience is a virtue.”
Recently, Mr. Malak was interviewed by CEOCFO Magazine, and also authored an op-ed published on IPWatchdog.com. Both the interview and op-ed discuss the current state of U.S. patent law and can be viewed at www.voip-pal.com.