Mountain View, Calif. (November 7, 2014) – Fenwick & West announced that client VoxerNet has been awarded $820,000 in attorney’s fees, following a July 2014 summary judgment of non-infringement in a patent dispute with plaintiff IPVX Patent Holdings, Inc. Fenwick is legal counsel to VoxerNet.
“We are very pleased with the court's order,” said Fenwick partner and lead attorney David Hadden. “Hopefully orders like this will help deter frivolous patent suits.”
VoxerNet is a San Francisco-based start up that provides an innovative push-to-talk voice messaging solution for Apple and Android devices. IPVX is a non-practicing patent assertion entity whose ’576 patent is directed to an improvement on a telephone answering machine that displays a list of missed calls and voicemails so that a user can selectively retrieve a desired voicemail message without having to listen to each recording sequentially. IPVX and its predecessor, Klausner Technologies, have asserted the ’576 patent against dozens of companies.
The case was originally filed in March 2012 in the Eastern District of Texas by IPVX’s predecessor, Klausner. Fenwick attorneys succeeded in transferring the case to the Northern District of California, where it was assigned to United States Magistrate Judge Howard R. Lloyd. On July 2, 2014, the parties appeared before Judge Lloyd and presented their arguments on claim construction and non-infringement. The Court granted VoxerNet’s motion for summary judgment the very next day, finding that its push-to-talk voice messaging system cannot possibly infringe IPVX’s ’576 answering machine patent.
In addition to Hadden, the Fenwick team included Hector Ribera, Michael Saunders and Kunyu Ching.
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