VoIP-Pal Files a Petition for a Writ of Mandamus with the U.S. Court of Appeals for the Federal Circuit
The Company seeks to overturn the Northern District of California District Court’s order in its cases vs. Apple, Verizon, and AT&T
January 14, 2021 -- VoIP-Pal.com Inc. (“VoIP-Pal”, “Company”) (OTCQB: VPLM) announces that on January 12, 2021 the Company filed a petition for a Writ of Mandamus with the United States Court of Appeals for the Federal Circuit (CAFC), challenging the decisions of the U.S. District Court for the Northern District of California in Case Nos. 20-CV-02460-LHK, 20-CV-02995-LHK and 20-CV-03092-LHK.
In April 2020, shortly after VoIP-Pal filed patent infringement suits based on U.S. Patent 10,218,606 (“the ’606 patent”) in the Western District of Texas (WDTX), the Respondents Apple, Verizon and AT&T filed declaratory-judgment actions in the Northern District of California in an attempt to prevent VoIP-Pal from pursuing its earlier-filed actions in the WDTX forum. VoIP-Pal filed a motion to dismiss the Respondents’ declaratory-judgment actions, which was denied by the district court in the Northern District of California.
The Company has now sought mandamus relief, asking the CAFC to reverse the district court’s order denying VoIP-Pal’s consolidated motion to dismiss the declaratory-judgment actions under the first-to-file rule. The Company believes there is no legitimate dispute that VoIP-Pal filed suit asserting its ’606 patent against the Respondents in the Western District of Texas before the Respondents filed their suits in the Northern District of California, and that VoIP-Pal is entitled to pursue its litigation in the Western District of Texas. Accordingly, VoIP-Pal has asked the Federal Circuit to order the Northern District of California district court to dismiss the Respondents’ declaratory-judgement actions to clear the way for the WDTX litigation.
Emil Malak, CEO of VoIP-Pal, said, “I am personally saddened by the recent departure of these two giants of the telecommunications industry. Dr. Tucker and Professor Candy were pioneers in wireless telephony in Europe and have been working with me for more than 15 years. All of us owe them a debt of gratitude for their substantial contributions to VoIP-Pal.”
Emil Malak, CEO of VoIP-Pal, said, “The mandamus speaks for itself, please read it carefully. We know the litigation process is very slow and we appreciate the patience shown by our shareholders. The continued support of our shareholders is vital. Patience is a virtue.”
The petition for Writ of Mandamus has been posted on the Company website www.voip-pal.com. Additionally, a December op-ed article authored by Emil Malak regarding the departure of Dr. Tucker and Professor Candy can be viewed on ceocfomagazine.com.