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Message: Sirius XM Radio Inc.
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Sirius XM Radio Inc. files complaint against Technology Properties Ltd., Patriot Scientific Corp. and Alliacense Ltd.
Sirius XM Radio Inc. has filed suit in the United States Southern District Court of New York against Technology Properties Ltd., Patriot Scientific Corp. and Alliacense Ltd. seeking a declaratory judgment that Sirius XM Radio Inc. does not infringe any valid and/or enforceable claim of United States Patent Nos. 5,030,853; 5,440,749; 5,784,584; 5,530,890; 5,809,336; 6,598,148 and 5,247,212.
Filing Excerpts: Starting in 2008 and continuing into April 2009, Defendants, through defendant Alliacense, have demanded that Sirius XM enter into a royalty-bearing license for the Asserted Patents. The ‘749 patent, ‘584 patent, ‘336 patent, ‘890 patent and ‘148 patent comprise part of Defendants’ MMP Patent Portfolio and the ‘853 patent and ‘212 patent comprise part of Defendants’ Fast Logic Patent Portfolio. Alliacense has claimed that products used in connection with the Sirius XM Services infringe one or more claims of the MMP Patent Portfolio and the Fast Logic Patent Portfolio. Alliacense has further informed Sirius XM that if it does not take a license, it may be subject to substantial liabilities........Under all of these circumstances, there is an actual, justiciable and substantial controversy between Sirius XM and the defendants having adverse legal interests of sufficient immediacy and reality to warrant the issuance of declaratory judgments with respect to the (patents).
Filing Excerpts: Starting in 2008 and continuing into April 2009, Defendants, through defendant Alliacense, have demanded that Sirius XM enter into a royalty-bearing license for the Asserted Patents. The ‘749 patent, ‘584 patent, ‘336 patent, ‘890 patent and ‘148 patent comprise part of Defendants’ MMP Patent Portfolio and the ‘853 patent and ‘212 patent comprise part of Defendants’ Fast Logic Patent Portfolio. Alliacense has claimed that products used in connection with the Sirius XM Services infringe one or more claims of the MMP Patent Portfolio and the Fast Logic Patent Portfolio. Alliacense has further informed Sirius XM that if it does not take a license, it may be subject to substantial liabilities........Under all of these circumstances, there is an actual, justiciable and substantial controversy between Sirius XM and the defendants having adverse legal interests of sufficient immediacy and reality to warrant the issuance of declaratory judgments with respect to the (patents).
| Date | # | Docket Text |
| 4/28/2009 | 7 | NOTICE OF APPEARANCE by Aaron Haleva on behalf of Sirius XM Radio Inc. (Haleva, Aaron) (Entered: 04/28/2009) |
| 4/28/2009 | 6 | NOTICE OF APPEARANCE by Mark Anthony Baghdassarian on behalf of Sirius XM Radio Inc. (Baghdassarian, Mark) (Entered: 04/28/2009) |
| 4/28/2009 | 5 | NOTICE OF APPEARANCE by Mark Anthony Baghdassarian on behalf of Sirius XM Radio Inc. (Baghdassarian, Mark) (Entered: 04/28/2009) |
| 4/28/2009 | 4 | NOTICE OF APPEARANCE by Jonathan S. Caplan on behalf of Sirius XM Radio Inc. (Caplan, Jonathan) (Entered: 04/28/2009) |
| 4/28/2009 | 3 | NOTICE OF APPEARANCE by William John Spatz on behalf of Sirius XM Radio Inc. (Spatz, William) (Entered: 04/28/2009) |
| 4/28/2009 | Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) (Entered: 04/28/2009) | |
| 4/24/2009 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Liberty Media Corporation as Corporate Parent. Document filed by Sirius XM Radio Inc..(rdz) (Entered: 04/28/2009) |
| 4/24/2009 | 1 | COMPLAINT against Technology Properties Ltd, Patriot Scientific Corp., Alliacense Ltd. (Filing Fee $ 350.00, Receipt Number 686349)Document filed by Sirius XM Radio Inc..(rdz) (Additional attachment(s) added on 4/28/2009: # 1 Exhibit A, # 2 Exhibit A Part 2, # 3 Exhibit Exhibit B, # 4 Exhibit B Part 2) (ad). (Additional attachment(s) added on 4/28/2009: # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit, # 9 Exhibit G) (ad). (Entered: 04/28/2009) |
| 4/24/2009 | Case Designated ECF. (rdz) (Entered: 04/28/2009) | |
| 4/24/2009 | Magistrate Judge Henry B. Pitman is so designated. (rdz) (Entered: 04/28/2009) | |
| 4/24/2009 | SUMMONS ISSUED as to Technology Properties Ltd, Patriot Scientific Corp., Alliacense Ltd. (rdz) (Entered: 04/28/2009) |
http://www.filingwatch.com/2009/04/sirius-xm-radio-inc-files-complaint.html
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