Apple Wants ‘Judicial Declaration’ That It’s Not Infringing Zipit Patents
Apple seeks declaratory judgment iPhones don’t infringe two Zipit Wireless instant messaging patents, said its complaint (in Pacer) in U.S. District Court in San Francisco. Zipit alleged infringement June 11 in U.S. District Court in Atlanta, then voluntarily dismissed the…
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lawsuit without prejudice two weeks later. Zipit maintained through years of negotiations that Apple “required a license,” but Apple disagreed, and the two sides never reached an accord, said Friday's complaint. It’s “highly likely” Zipit will again sue, it said: “The cloud of Zipit’s allegations and litigation hangs over Apple.” There’s a “real, immediate, and justiciable controversy,” it said. A “judicial declaration is necessary” to resolve it, said the complaint. Zipit didn’t comment Monday.