Geoworks Corp. fired the latest round in its battle with Phone.com Inc. last week, asking the U.S. International Trade Commission to bar the import of wireless phones from Sanyo Electric Co. Ltd. featuring the Phone.com UP.Browser technology.
Geoworks filed the complaint against Phone.com, Sanyo and Sanyo North America Corp. because it claims the microbrowser infringes on a Geoworks patent that Phone.com refuses to recognize. As such, any importing of the technology without a license is illegal, Geoworks said.
Phone.com and Geoworks have battled over the patent issue all year, ever since Geoworks claimed its patented flexible user interface process was inherent in all WAP-related technology, applications and products and established a licensing program for it.
Phone.com filed charges first, claiming the patent is invalid and unenforceable. Geoworks responded with a countersuit. The deadline set to establish a licensing dialogue with Geoworks has passed.
Geoworks’ patent is valid only in Europe and the United States, so Sanyo is free to make WAP phones without Geoworks’ permission. However, Geoworks’ ITC filing seeks to keep those phones from entering the United States, where its patent remains in effect.
“Geoworks has always believed that licensing, not litigation, is the best route to obtain compensation for the widespread use of Geoworks’ patented Flex UI technology,” said Dave Grannan, president and chief executive officer of Geoworks. “But when Phone.com attacked our patent … we took the necessary steps to ensure our patent rights are asserted as quickly and certainly as possible. The ITC’s patent expertise and streamlined procedures provide the best way to resolve,” the matter.
Geoworks also said it has hired the legal firm of Finnegan, Henderson, Farabow, Garrett and Dunner L.L.P. to represent the company in this matter.
