iPhone eventSource: Apple

What you need to know

  • Zipit sued Apple last month over two instant messaging patents.
  • It then withdrew its lawsuit without warning.
  • Apple is now seeking a judgement to bring a permanent end to the matter.

Apple is seeking a final legal judgement against Zipit, a company which filed and then withdrew a lawsuit against Apple last month.

As AppleInsider reports:

Apple is seeking a declaratory judgement to determine that it does not infringe on two instant messaging patents owned by a company named Zipit Wireless, which previously levelled claims against the tech giant.

In a complaint filed Friday with the U.S. District Court for the Northern District of California, Apple argues that it does not infringe on Zipit's intellectual property. Zipit Wireless is the creator of a secure messaging platform.

According to the lawsuit, Apple is seeking a declaratory judgement that it does not infringe two patents help by Zipit, as was alleged in the initial lawsuit. Zipit filed the suit on June 11 in a civil action, before voluntarily dismissing the litigation without prejudice less than two weeks later.

Apple maintains in the suit that it has had previous extended discussions with Zipit, which alleges that it infringes on two instant messaging patents and that the parties have never reached an agreement.

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The lawsuit notes that it is "highly likely" that Zipit will again assert infringement of these patents at a later date, notably because the recent suit was dismissed without prejudice. As such, Apple maintains it does not infringe on these patents and is seeking a jury trial and a judicial declaration to that effect to bring the matter to a final resolution. Apple's full demands are judgement in regard to both patents, its legal fees and expenses, and any other relief that it might be entitled to, or which the court deems proper.

The suit was submitted yesterday, July 3.

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