Case Name: Visual Interactive Phone Concepts, Inc. v. Cellco Partnership

Docket Number: 2:2011-cv-12349

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 Cellco Partnership d/b/a Verizon Wireless (“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 customers with the following mailbox facility systems that were accessible via videophone: a video on-demand service for users to view TV episodes and sporting events; a mobile music service for users to view and use music and music videos; a V Cast media manager service for users to view and use various media content; and a Media Store service for users to view and use ringtones, games, and other applications. On October 18, 2011, the District Court granted Defendant’s Motion to Transfer Venue to the U.S. District Court for the District of New Jersey.