Tuesday, October 26, 2004

Polycom drops counterclaims in Avistar case

As noted in previous posts, there are examples of cases wherein a patentee brings an infringement suit, but ends up losing not only the infringement suit but also loses on counterclaims.

In Avistar v. Polycom, the counterclaims were dropped but the original suit remains.

from businesswire:

REDWOOD SHORES, Calif.--(BUSINESS WIRE)--Oct. 26, 2004--Avistar Communications Corporation, a provider of business video collaboration solutions, and Collaboration Properties, Inc. (CPI), its wholly owned subsidiary, today announced that they have reached agreement with Polycom, Inc. wherein Polycom agrees to drop its counterclaim lawsuit against Avistar regarding infringement of U.S. Patent No. 5,767,897. CPI's original infringement lawsuit against Polycom on four Collaboration Properties patents continues. A trial date is currently set for January 24, 2005.

In the original patent lawsuit, CPI alleged that several Polycom videoconferencing products infringe four of its patents: U.S. Patent No. 5,867,654; No. 5,896,500; No. 6,212,547; and No. 6,343,314. The suit was filed in the U.S. District Court for the Northern District of California by the law firm of Simpson Thacher & Bartlett LLP on September 23, 2002. In a response to this lawsuit, Polycom brought countersuit against Avistar on four patents, three of which were previously dropped. This agreement drops the last of the four.


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