Fenwick successfully represented Twitter in defending Cooper Notification’s 2009 patent infringement suit accusing Twitter of infringing its methods for sending messages to several places at once.
Cooper claimed that Twitter had infringed the '428 patent titled “Systems and methods for messaging to multiple gateways” which covers non-voice message delivery “with increased speed and reliability to multiple users on multiple platforms,” … “using a messaging subsystem configured to optimize text message delivery to communication gateways”.
Cooper’s failed assertion was that Twitter's entire service allegedly infringed the '428 patent.
Twitter successfully argued that the twitter system did not transmit a gateway message to a plurality of user terminals, as required by the ‘428 patent, and U.S. District Judge Leonard P. Stark subsequently granted a motion for summary judgment in the U.S.D.C. in Delaware based upon defendants' non-infringement.