Case Name: Visual Interactive Phone Concepts, Inc. v. Google, Inc.

Docket Number: 2:2011-cv-12348

Date Filed: 5/25/2011

Judge: Hon. Lawrence P. Zatkoff 

Status: Closed  

On May 25, 2011, Visual Interactive Phone Concepts, Inc. (“Plaintiff”) filed suit against Google, Inc. (“Defendant”) for patent infringement of U.S. Patent Nos. 5,606,361 (“the ‘361 patent”) and 5,724,092 (“the ‘092 patent”). The ‘361 and ‘092 patents generally covered different interactive mailbox facilities that could be utilized by videophones. “Videophones” are defined as “any device having the capabilities to receive video/voice and or video/text as its primary function and which, in the future, may have additional capabilities added to it that will enable it to perform functions that a PC computer system performs today” and include cellular videophones, wireless videophones, and all videophones integrated with additional PC capabilities or technologies (i.e., disk storage, CDs, diskettes, and memory in megabyte range).

Plaintiff alleged that many of Defendant’s products infringed on Plaintiff’s patents and that Defendant induced infringement and/or engaged in acts of contributory infringement. Plaintiff explained that Defendant infringed on the patents by providing an application service for users to view, download, and use applications, music and books on their videophones; the system included a central data center that processed information, and facilitated and supported the purchase and delivery of applications and other products.

Plaintiff asked for the following relief: a permanent injunction, damages, treble damages for Defendant’s intentional and willful infringement of the patents, pre-judgment and post-judgment interest and costs, attorneys’ fees, and any other relief the court saw as proper.

On November 22, 2011, the District Court issued a Stipulation and Order Transferring Action to Northern District of California.