SEATTLE--(BUSINESS WIRE)--Typhoon Touch Technologies, Inc. (TYPT.OB) (www.typhoontouchtech.com), a leader in creating, developing, acquiring and licensing touch-screen technology, announced today that it has commenced an action against Dell, Inc. (NASDAQ: DELL) and Motion Computing, Inc for patent infringement. The Complaint seeks damages and a permanent injunction enjoining Dell and Motion Computing from continued infringing activity. The Complaint was filed on Wednesday in the United States District Court, Eastern District of Texas, Tyler Division, Case No. 6:07-cv-546. Typhoon commenced the action as co-plaintiff with its licensee, Nova Mobility Systems, Inc., an innovative provider of tablet personal computers and handheld systems.
Typhoon’s (TYPT.OB) complaint alleges that Motion Computing and Dell have infringed and continue to infringe its U.S. Patent No. 5,379,057 (“the ‘057 patent”) issued January 3, 1995 and entitled “Portable Computer with Touch Screen and Computer System Employing Same,” and U.S. Patent No. 5,675,362 (“the ‘362 patent”) issued October 7, 1997 and entitled “Portable Computer with Touch Screen and Computing System Employing Same,” through various actions including the manufacturing, selling, offering for sale, and/or importing a variety of portable computer products, including but not limited to tablet PCs, slate PCs, handheld PCs, personal digital assistants (PDAs), ultra mobile PCs (UMPCs), smart phones, and/or other products covered by the patents-in-suit.
“As alleged in our Complaint, we believe that both Dell and Motion Computing are using and profiting from our patented technologies. It is our responsibility to ask the Court to enjoin Dell and Motion Computing from the continued violation of our patents and seek recovery of lost profits. In addition, it is our intention to protect the interests of our shareholders, licensed users and our future business, by seeking all damages available, including treble damages,” James Shepard, CEO & President of Typhoon Touch Technologies (TYPT.OB) said. “At the core of our offering is to partner with companies to bring our unique technology to the market for their own competitive advantage. As further set forth in our Complaint, the alleged infringement by both Dell and Motion Computing absolutely impedes on our offering and has prevented us from obtaining our due royalties. We believe that their infringement was willful and therefore entitles us to treble damages.”
Nova Mobility is a provider of tablet personal computers (PCs) for data collection in industries including the health and medical, retail field service, fleet management and building inspection. Products offered by Nova Mobility include the NMS-5000, NMS-4000, NMS Sunpad-10, and NMS Sunpad-8 tablet PCs.
Typhoon (TYPT.OB) has retained Craig Weiner, Esq. a skilled litigation/corporate strategist and licensing counsel from the law firm of Hofheimer, Gartlir & Gross LLP in New York City to oversee Typhoon’s patent infringement litigation and licensing program. Typhoon has also retained the Intellectual Property Department of Blank Rome LLP as Typhoon’s patent infringement trial counsel. Blank Rome LLP has been working closely with and reports to Mr. Weiner.
