February 20, 2009 - 12:00am
WiAV Solutions Looks to Take a Bite out of BlackBerry Sales Posted by: Administrator

Research in Motion, Ltd. (“RIM”) is facing another yet another suit in the Eastern District of Virginia charging some of its popular BlackBerry® products with patent infringement.  Virginia-based WiAV Solutions LLC (“WiAV”) has asserted ten patents against BlackBerry devices in a complaint filed last month.  WiAV Solutions LLC v. Research in Motion, Ltd., No. 3:09cv00047-REP (filed Jan. 26, 2009).  WiAV brings its action less than three years after RIM agreed to a $612.5 million settlement to resolve a case filed by NTP, Inc. in the same court.

WiAV alleges in its complaint that it is the owner of two of the patents and the exclusive licensee with rights of enforcement in a specified field of use under the other eight patents.  (Compl. ¶¶ 5, 8.)  The ten patents are said to be “directed to various aspects of encoding and decoding of signals and signal transmission.”  (Id. ¶ 14.)  WiAV has accused numerous BlackBerry products, including several Curve, Pearl, and other models, naming over two dozen particular BlackBerries.  (Id. ¶ 9.)

The twenty-count complaint charges infringement and willful infringement of each of the ten patents by RIM and codefendant Research in Motion Corp.  (Id. ¶¶ 28-97.)  WiAV seeks a permanent injunction, treble damages, attorneys’ fees, and other relief.  (Id. ¶¶ B-H.)  The case has been assigned to Judge Robert E. Payne, in the court’s Richmond Division.

RIM’s settlement with NTP was finalized in March 2006.  That agreement ended a patent litigation filed by NTP in 2001.  See generally NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282 (Fed. Cir. 2005).  The case had been assigned to Chief Judge James R. Spencer, also in the Richmond Division.