HP wants clearance over ‘power of Ethernet’ technology
Two Hewlett-Packard (HP) companies have asked a US court to clear them of infringing a patent relating to ‘power of Ethernet’ (PoE) technology and accused the patent owner of fraud.
The complaint and request for declaratory judgment of non-infringement was filed at the US District Court for the Eastern District of Michigan yesterday, November 21.
Hewlett-Packard split its printers and PCs business from its enterprise products and services division in 2015.
HP Inc is now the company in control of printers and PCs, while Hewlett-Packard Enterprise Company was charged with overseeing enterprise products and services. Hewlett-Packard Enterprise has since spun off its enterprise services and software divisions.
The plaintiffs in the lawsuit include Hewlett-Packard Enterprise and what was Hewlett-Packard.
The patent at the centre of the lawsuit is US number 9,812,825, which is owned by technology licensing company ChriMar Systems and titled “Ethernet device”.
It was renewed earlier this month and is a “continuation-in-part” of application number PCT/US99/07846, filed on April 8, 1999.
ChriMar was accused of “actively pursuing” a patent licensing deal with various companies in relation to patents covering PoE technology.
The HP companies stated that ChriMar was targeting products with PoE functionality “specified by certain standards promulgated by the Institute of Electrical and Electronics Engineers (IEEE) and sellers of such products”.
The IEEE is a member organisation which develops standards for the computer and electronics industry.
According to the plaintiffs, after claims of the patent were invalidated in a dispute at the US Court of Appeals for the Federal Circuit, ChriMar failed to disclose this to the IEEE and “continued its licensing and enforcement campaign against sellers of products with PoE functionality”.
“On July 1, 2015, ChriMar expanded its litigation campaign in the Eastern District of Texas, initiating lawsuits against 39 defendants,” the complaint read.
It added that ChriMar had committed fraudulent acts in relation to its lack of disclosure to the IEEE and its subsequent actions.
The HP companies are now seeking a judgment that they have not infringed the ‘825 patent, “a declaration that ChriMar’s ability to enforce the ‘825 patent is limited or barred in equity”, as well as injunctive relief and a jury trial.
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