Monday, June 13, 2011

Lodsys: NYT, OpinionLab follow ForSee, ESET with DJs

On June 13, 2011, both the New York Times and OpinionLab, Inc. filed motions for declaratory judgment against Lodsys, LLC in the Northern District of Illinois. These cases come on the heels of ForSee's June 6 filing, also in the Northern District of Illinois, and ESET, LLC's filing on June 10 in the Southern District of California.

From the OpinionLab complaint:


This is an action for declaratory relief that: (a) the OpinionLab Online User Feedback Technology (as defined herein) does not infringe any valid claim of United States Patent Nos. 5,999,908 (“the ‘908 patent”), 7,133,834 (“the ‘834 patent”), 7,222,078 (“the ‘078 patent”) or 7,620,565 (“the ‘565 patent”) (collectively, the “Patents-in-Suit”); and (b) the claims of each of the Patents-In-Suit are invalid and unenforceable. This is also an action for injunctive relief against LodSys that it be permanently restrained and enjoined from making any further allegations that OpinionLab and its clients and customers are infringing any of the claims of the Patents-In-Suit. This is also an action for damages against LodSys because its intentional, unfounded, and repeated allegations of infringement have the tendency to cause, and have caused, confusion, mistake, and deception in the marketplace and have inflicted harm to the goodwill, reputation, and business interests of OpinionLab in the business community in this judicial district and beyond.


Both OpinionLab and the New York Times seek declaratory judgment of non-infringement and invalidity of the Lodsys patents.

Screen shot 2011 06 13 at 10 43 22 PM


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