Facebook, WhatsApp can’t shake wireless patent suit
Meta Platforms Facebook and WhatsApp have failed to convince a WACO court to throw out claims that their wireless communication methods infringe two patents.
Texas-based communications company VOIP-Pal sued the two Meta-owned services in June last year, claiming that they infringe two patents—US patents 8,630,234 and 10,880,721.
The patents, both titled “mobile gateways”, cover a method for mobile phone roaming and a method of establishing communications between a wireless device and a communications network.
VOIP-Pal claims that Facebook and WhatsApp use VOIP-Pal’s proprietary communications technology to provide mobile devices “access to optimal routing infrastructure based on their location”.
Facebook and WhatsApp moved to dismiss the lawsuit, citing VOIP-Pal’s failure to adequately allege pre-suit knowledge of the patents, and also failed to prove deliberate, induced, and contributory infringement of the two patents.
However, in an order handed down on Tuesday, May 3, judge Alan Albright denied all challenges to the lawsuit, finding that VOIP-IP adequately pleaded all three infringement claims.
Albright held that ongoing litigation, a notice letter of a pending patent application and Meta’s monitoring of VOIP-Pal’s patent portfolio were “well-pleaded facts” were sufficient to prove plausible knowledge of the two patents prior to the litigation.
While Facebook and WhatsApp claim that knowledge of the asserted patents “cannot be inferred merely from the knowledge of other patents”, Albright said that the amended complaint submitted by VOIP-Pal “relies on” notice letters that specifically identify the ‘2345 patent and a patent application that would later lead to the ‘721 patent.
VOIP-Pal’s litigation
The Texas-based communications company has launched a slew of patent infringement actions against high-profile tech companies.
In June last year, the company filed patent infringement actions in the WACO court against Google, Amazon, Apple, AT&T, Verizon, and T-Mobile as well as Facebook and WhatsApp. All seven actions allege infringement of the ‘234 and ‘721 patents.
Prior to this, it also targeted Twitter for infringement of another patent US 9,935,872 in the US District Court for the Northern District of California.
However, the court approved a declaratory judgement action filed by Twitter earlier this year. VOIP-Pal has now petitioned the US Court of Appeals for the Federal Circuit to overturn the action.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories sent like this straight to your inbox
Today’s top stories
