During the last few weeks, Charter Pacific has enjoyed three procedural victories in connection with its USA legal proceedings against Apple Inc. with respect to the infringement by Apple Inc. of certain patent rights of Charter Pacific, as follows:
- Apple Inc. has voluntarily dismissed its own Motion to Dismiss CPC Patent Technologies Pty Ltd’s (CPC) complaint that Apple Inc. infringes three of CPC’s patents, based upon an alleged lack of ownership interest in the patents by CPC. This is further confirmation that CPC is the owner of all rights and entitlements to its patent portfolio, as confirmed by a judgement handed down by Justice Ball of the Supreme Court of NSW on 14 December 2021;
- the United States District Judge Alan D Albright has denied Apple Inc.’s Motion to transfer CPC’s complaint against Apple Inc. from the United States District Court for the Western District of Texas to California; and
- the United States District Court for the Western District of Texas issued a ruling regarding the proper construction of the asserted patent claims in CPC Patent Technologies (Pty) Ltd. v. Apple Inc. Despite challenges by Apple Inc. to the validity of CPC’s claims based upon an alleged indefiniteness of such claims, the District Court confirmed that CPC’s claims are sufficiently definite. Further, the resulting claim constructions allow CPC to maintain its infringement claims against Apple Inc. and proceed to trial.
Prior releases on litigation
27 January 2022 – CPC Patent Technologies Pty Ltd v HMD Global Oy Claim Construction Order
19 December 2021 – Australian Company’s Patent Claim against 61 Apple Devices to proceed