Court grants Apple’s appeal to bar the Zipit Wireless from filing patent infringement lawsuits

The U.S. Court of Appeals for the Federal Circuit has ruled in favor of Apple and has given the Cupertino tech giant the green signal to pursue its lawsuit against Zipit Wireless Wi-Fi messaging patent infringement claims.

According to Reuters, Zipit Wireless contacted Apple regarding patents for sending and receiving instant messages via a Wi-Fi connection in 2013. Both parties entered a dialogue to discuss patent licensing or sale. But in 2016, talks broke down, and accusing Apple of infringement, Zipit sued the tech giant at a Georgia federal court in 2020. However, Zipit withdrew its lawsuit voluntarily a few weeks later.

Apple iMessage app

As a preemptive measure, Apple countersued Zipit in San Jose California to seek a judicial declaration that the company did not infringe in order to prevent Zipit from filing any other lawsuits in the future and recover damages.

But, the U.S. District Judge Edward Davila dismissed the case in 2021 ruling that Zipit is based in South Carolina and its only contacts with the district were its communications with the tech giant. Therefore, “it lacked specific personal jurisdiction over Zipit.”

Apple can pursue its lawsuit against Zipit Wireless for Wi-Fi messaging patent infringement claims

The three-judge panel of the U.S. Court of Appeals for the Federal Circuit reversed Judge Davila’s ruling and stated that no there is no rule which blocks the creation of personal jurisdiction.

The appeals court said a California court wrongly decided it lacked jurisdiction over Apple’s adversary, Greenville, S.C.-based Zipit Wireless.

Zipit’s communications with Apple’s Cupertino, California, headquarters were enough to justify bringing the case in Northern California federal court, the Federal Circuit said.

The three-judge panel said other factors favored hearing the case in California and that holding the case there would not unfairly burden Zipit. – Reuters

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