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Patriot Settles HTC Chip Patent Battle, 8 More IP Fights Ahead

By Quinten Plummer, Tech Times | January 9, 12:02 PM

http://www.techtimes.com/articles/25595/20150109/patriot-acts-settles-with-htc-before-pursuing-other-alleged-infringersothers.htm

HTC
Patriot is claiming victory in the first of what could be nine patent battles regarding its microprocessor patent portfolio as HTC has agreed to a settlement regarding intellectual property infringement claims. HTC avoids paying six years worth in damages and Patriot says its claims have been validated, empowering it to go after eight more companies.
(Photo : Karlis Dambrans | Creative Commons)

Patriot is settling its lawsuit against HTC regarding infringment claims related to three chip patents and is now turning its attention to get court wins against eight more companies it claims are infringing on its intellectual property.

The patent battle list includes Barnes & Noble, Garmin, Huawei, LG, Nintendo, Novatel, Samsung and ZTE.

Patriot alleges the nine companies are infringing on various patents in its Moore Microprocessor Patent (MMP) portfolio, specifically the '336, '749 and '890 patents.

The initial legal action brought Patriot Scientific Corp. a victory from the U.S. District Court for the Northern District of California, but HTC appealed and that appeal was in progress before a San Jose jury when the two came to settlement terms.

The settlement absolves HTC of infringement allegations related to Patent 890 of the MMP portfolio, explains Jordan Sigale, director of IP at the law firm Dunlap Codding.

"As such, while the resolution frees Patriot up to spend more time licensing, and perhaps even suing, alleged infringers of the '336 patent, it resulted in a loss of rights under the '890 patent," Sigale told Tech Times in an interview.

Tech Times reached out to Patriot's interim CEO, Cliff Flowers, for details on the settlement and he declined to comment, providing a prepared statement. In it, he says the settlement is a vindication of infringement claims with regards to the '336 patent.

"We believe the MMP Portfolio has near-universal applicability in microprocessor design and companies utilizing this technology should take note of our successes at the USPTO and in court," Flowers states.

An HTC spokesperson told Tech Times the company is in the process of preparing to issue a statement on the settlement.

Sigale says the settlement was spurred by two motivating factors: a failed appeal by HTC would have likely resulted in additional court fees and Patriot needed to settle the issue before its patent expired. If upheld by the appeals court, Patriot would have likely received payment for six years of back damages, according to Sigale.

"As for HTC, it fought a good, long fight against Patriot -- unfortunately, the facts and the law led the jury to decide against them on the '336 patent," Sigale says. "Still, HTC appealed the verdict to the Federal Circuit. So, I have to believe the settlement must have presented a better pragmatic ending to the dispute for HTC than waiting for the Federal Circuit's ruling could have."