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ipernica, Ericsson dispute

WEST Perth-based intellectual property company ipernica Ltd has launched a second legal case against Sweden’s Ericsson Inc, with a trial in the US set for 2010. ipernica is alleging that Ericsson, along with a number of other defendants, have been using the Statistical Mutliplexing technology, patented to ipernica, without permission. The Stat Mux technology covers a widely used methodology for ensuring that telecommunications switches and routers operate efficiently, in circumstances where the capacity of the switches or routers is threatened by an overflow of traffic. A spokesperson for ipernica said the company was seeking damages and or an injunction to stop the defendants from infringing the patent. A trial will be held during November in 2010, while a ‘markman’ hearing will take place on July 14 2010. A markman hearing is a pre-trial hearing at which a judge decides how the disputed claims of an asserted patent are to be interpreted. The case is separate to the legal clash with Ericsson earlier this year where the Swedish company agreed to settle in the Federal Court of Australia on a no-liability basis with a payout of $30 million cash to ipernica. ipernica, formerly QPSX Ltd, had alleged Ericsson did not pay royalties on its use of the company’s patented asynchronous transfer mode technology (ATM) and segmentation and reassembly licence. ipernica initiated the lawsuit in April last year. Chapman to Kennedys Veronica Chapman will join law firm Kennedys following her appointment as partner. Kennedys says she will extend and enhance the firm’s existing capability, particularly in the professional indemnity (PI) and directors and officers (D&O) areas.

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