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GENBAND Suing Metaswitch Networks for Alleged Patent Infringement

January 30, 2014

GENBAND (News - Alert) has filed a lawsuit against one of its rivals – Metaswitch Networks – on grounds it infringed on its patents. The lawsuit, which was filed in federal court in Texas, calls for the court to impose an injunction, as well as award damages to GENBAND, interest and attorneys’ fees.

This is important because the case could be carefully watched given number of patent infringement cases now already underway in the United States and elsewhere.

In the lawsuit, GENBAND claims it experienced “irreparable harm” and Metaswitch “will continue to cause such harm without the issuance of an injunction.”

Also, GENBAND says it undertakes manufacturing, research and development, sales, and service of products which, “compete directly with Metaswitch products that infringe the patents at issue in this case.”

In total, GENBAND says Metaswitch Networks infringed on eight different U.S. patents. They were identified as: patent numbers: 6,772,210; 6,791,971; 6,885,658; 6,934,279; 7,047,561; 7,184,427; 7,990,984 and 7,995,589.

The patents relate to such technology as the method or apparatus for exchanging communication between telephone-based devices in Internet Protocol (IP); extending packet network functionality; interworking among IP telephony protocols; controlling voice communications over a data network; a firewall for real-time Internet applications; and communicating telecom information from a broadband network to a telecom network.

The case was filed on Jan. 21, 2014 in the Eastern District Court in Marshall TX.,  and was given to U.S. District Court Judge Rodney Gilstrap – then assigned to Magistrate Roy Payne.

GENBAND wants a jury trial and Baker Botts, a well-known law firm will represent the plaintiff in the case. It was not clear yet which lawyers would represent Metaswitch Networks.

Based in Frisco, TX, GENBAND provides smart networking solutions for service providers and enterprises in more than 80 countries. Its technology “evolves IP networks to new levels in scalability, security, profitability and efficiency,” the company said. It involves multimedia data, video and voice sessions, as well as “anywhere” and “any device” services. They are used with public and private networks.

On the other hand, Metaswitch Networks, with the parent company based in the United Kingdom, offers communications software platforms, session border controllers and service management solutions to service providers for voice and data services.

TMC’s (News - Alert) Peter Bernstein commented that this move is important because, “as the death of the public switched telephone network (PSTN) is on the horizon, it will be evolutionary and not revolutionary. Hence,  the migration to all-IP networks is still going to remain heavily reliant on being able to provide connectivity to legacy capabilities while enabling those customers during migration to enjoy all of the benefits of things like SIP and unified communications (UC).”

“Session Boarder Controllers (SBCs) are central this migration and the delivery of much needed capabilities which is why this lawsuit is one that the entire industry will have to watch closely,” Bernstein said.

Read the full lawsuit filings:

Edited by Stefania Viscusi

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