The controversy is over Simon's new application for mobile phones that allows users to access information about shopping malls and merchandise. NorthMobileTech is the owner of patent no. 7,805,130, which has been issued by the US Patent Office. This patented technology is a mobile phone application that allows shopping store and merchandise information to be transmitted to a wireless phone. According to an exhibit attached to Simon's Complaint, a patent attorney for Fenwick Corporation, which has assigned its patent rights to NorthMobileTech, has sent a letter to Simon alleging that Simon's mobile phone application infringes its patent. Simon's application is called "Simon Malls - more choices."
In its complaint, Simon seeks a declaratory judgment declaring the '130 patent invalid as failing to comply with the conditions of patentability under the Patent Act. In the alternative, Simon seeks a declaratory judgment that Simon is not infringing the '130 patent. NorthMobileTech's Complaint seeks a judgment declaring that Simon's app infringes its patent and an injunction, damages, and attorneys' fees.
This case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana, and assigned case no. 1:11-cv-00527-TWP-DML. In the Western District of Wisconsin, the case has been assigned to Judge William N. Conley and Magistrate Stephen L. Crocker, and assigned case no. 3:11-cv-00287-wmc.
Practice Tip: In this case, Simon filed in the Southern District of Indiana and NorthMobileTech filed in the Western District of Wisconsin on the same date making the claims about the same controversy. It is inevitable that the two cases will be consolidated in one of the two courts through a petition to transfer venue. Both parties will seek to have the court they filed in be the court to hear the controversy. 28 U.S.C. § 1404 governs change of venue in federal courts. The factors considered are the convenience of the parties and witnesses and the interests of justice.Complaint - Simon Properties v North Mobile Tech
Further information about this case is as follows:
Filed: April 20, 2011 as 1:2011cv00527 Updated: April 27, 2011 21:00:15
Presiding Judge:Judge Tanya Walton Pratt
Referring Judge:Magistrate Judge Debra McVicker Lynch
Cause Of Action: Patent InfringementIntellectual Property > Patent