Net Talk.Com, Inc. (NTLK)

[TOUCAN]

$NTLK $200M Patent Infringement Lawsuit Against MagicJack

Find this info below here:

http://en.wikipedia.org/wiki/MagicJack

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 ($200,000,000.00) 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.

Update (Patent Win for NTLK): 5/21/14

netTALK Prevails in Patent Reexamination by the United States Patent and Trademark Office

http://www.nettalk.com/nettalk-prevails-in-patent-reexamination-by-the-united-states-patent-and-trademark-office/

Patent Enforcement Litigation Resumes

Miami, Fla. and West Palm Beach, Fla. — May 21, 2014 — NETTALK.COM INC. (“netTALK”) (OTC:NTLK) announced that it received a United States Patent Office (“USPTO”) Ex Parte Reexamination Certificate (“EPRC”) for netTALK’s U.S. Patent Number 8,243,722 (the “’722 Patent”), which is owned by netTALK. The EPRC signifies the termination of the reexamination. All three claims of the ‘722 Patent survived the reexamination proceeding.

netTALK sued magicJack VocalTec, Ltd. (“magicJack”) (Nasdaq:CALL) and other defendants on September 21, 2012, in the United States District Court for the Southern District of Florida for infringement of the ‘722 Patent. That case was stayed pending the outcome of the reexamination. The District Court has lifted its stay order to allow the infringement litigation to proceed. The case is currently scheduled for trial.

"According to Anastasios “Takis” Kyriakides, Chief Executive Officer of netTALK, “We are very pleased, although not surprised, that the USPTO terminated the reexamination of the ‘722 Patent, and are even more pleased that our case against magicJack and the other defendants can now proceed. We intend to vigorously pursue this litigation, in which we are seeking, amongst other things, substantial monetary damages and an injunction prohibiting the future sale of the magicJack Plus and magicJack Plus 2014 devices. Clearly, with that level of materiality to the Company, this is a top priority for us now and going forward.” netTALK was represented in the reexamination by Joseph R. Englander, Esq. and Daniel J. Barsky, Esq. of Shutts & Bowen LLP.