Voip-Pal Files a Second Lawsuit Against Apple for Infringement of Four New Patents
The Company expands the scope of its patent litigation against Apple, Inc.
May 29, 2018 -- Voip-Pal.com Inc. (“Voip-Pal”, “Company”) (OTCQB:VPLM) has filed a second patent infringement lawsuit against Apple, Inc. in U.S. District Court (Nevada), based on four additional patents granted by the U.S. Patent Office, namely, U.S. Patent No. 9,537,762, U.S. Patent No. 9,813,330, U.S. Patent No. 9,826,002, and U.S. Patent No. 9,948,549, each belonging to the Company’s “RBR” patent family, which relates to various aspects of routing, billing and/or rating of network-based communications. This latest legal action is separate and independent from the previously filed ongoing lawsuit against Apple.
In 2016, the Company sued Apple, AT&T, Twitter and Verizon for patent infringement based on its U.S. Patents 8,542,815 and 9,179,005. Even as the original litigation is proceeding, these four new patents are being asserted against specific communication features provided by Apple products and services including Apple’s iMessage® and Facetime® services operating with Apple devices such as iPhone®, iPad® and Mac® computers. The lawsuit asserts that Apple systems, processes and devices, using Voip-Pal’s patented technologies, conduct voice/audio, video and/or messaging communications with other communication devices by relying on attributes associated with a user profile in order to classify and/or route the communications.
iMessage® is Apple’s highly popular built-in instant messaging (IM) service, which allows the user to send text, picture, video, and audio messages from iPhones, iPads, Mac computers and Apple watches. According to Apple’s senior vice president of Internet Software and Services, Eddy Cue, the scale and usage of Apple products and services such as iMessage® is truly amazing: “We peak out at 200,000 messages a second that are sent on messages, for example.” (Source: February 12, 2016 podcast at https://daringfireball.net/thetalkshow/2016/02/12/ep-146 (accessed May 28, 2018)).
As previously announced, Voip-Pal is in the process of engaging expert witnesses to prepare damages analyses for submission to the District Court in connection with the Company’s infringement cases.
Emil Malak, CEO of Voip-Pal, stated, “We have long believed that the subject-matter of Voip-Pal’s patents is being incorporated into many aspects of social media and network-based communications. Our technical and legal teams have been working on procuring patents for our innovations since our original ‘routing, billing and routing’ (RBR) parent patent, U.S. Patent No. 8,542,815, was issued in 2013. After further analysis of Apple’s products, systems and processes, we have concluded that these four additional patents are also being infringed by Apple and so, the Company is seeking to be fairly compensated in the new lawsuit. The four patents at issue each have more than nine years of patent term remaining. This is a significant period of time during which others cannot lawfully use our patented technologies without a license.”
Mr. Malak continued, “We hope to reach a fair and amicable settlement with Apple for their use of our intellectual property. While we have the utmost respect for Apple and recognize their tremendous technological and financial accomplishments, we feel we have a duty to our shareholders to pursue any legal action necessary to protect their investment and monetize our patents. We are confident those using our patented technologies will recognize their legal obligations to fairly compensate the company for their use. We believe it will take time, effort and much patience, but sooner or later, those who are using our technology will have to deal with Voip-Pal. The Company is committed to seeing these matters through to the end. As I always say, ‘patience is a virtue.’"