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Wednesday, March 16, 2016 7:58:48 PM
MagicJack sued netTalk in April of 2012 for patent infringement. The federal court has dismissed the entire case with prejudice, including all claims, counterclaims, defenses and causes of action..[12]
On September 21, 2012, NetTalk.com, Inc. filed a complaint in United States District Court For the Southern District of Florida, Civil Action No.: 9:12-cv-81022-CIV-MIDDLEBROOK/BRANNON, against MAGICJACK VOCALTECLTD, MAGIJACK HOLDINGS CORPORATION f/k/a YMAX HOLDINGS CORPORATION and DANIEL BORISLOW. In the complaint, netTalk alleges patent infringement by the defendants, seeking injunctive relief and damages of two hundred million dollars ($200,000,000) as a result of the alleged patent infringement by defendants.
As a result of this action, MAGICJACK/ VOCALTEC LTD filed a document with the United States Patent Office (“USPTO”) requesting reexamination of netTALK patent 8,243,722. The USPTO granted the reexamination petition and the claim against MAGICJACK/VOVALTEC LTD was stayed pending the outcome of the USPTO reexamination.
In December 2013 netTALK received a USPTO Notice of Intent to Issue Ex Parte Reexamination Certificate (“NIRC”) for netTALK’s U.S. Patent Number 8,243,722.
In January 2014, netTALK petitioned the courts to restart the aforementioned lawsuit against MAGICJACK VOCALTECLTD, MAGIJACK HOLDINGS CORPORATION f/k/a YMAX HOLDINGS CORPORATION and DANIEL BORISLOW. The case is set for trial in early 2015.
On February 27, 2014, netTALK received the reexamination certificate which restated that all three claims of the ‘722 Patent are deemed allowable by the USPTO. The three claims of the ‘722 Patent were minimally amended during the proceeding. [13]
On April 2, 2014 DANIEL BORISLOW and TECHNOCHAT INC. sued MAGICJACK VOCALTEC LTD and YMAX CORP for defamation, fraudulent inducement and many other allegations. That case is ongoing. [14]
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