Motorola prevails in Taiwan

Motorola has had charges of alleged copyright and patent infringement relating to the Motorola C289 mobile phone dismissed by a court in Taipei.

Motorola has had complaints of alleged copyright and patent infringement dismissed by the Prosecutor’s Office of the Taipei District Court. The complaints were filed by Taipei-based DBTEL in September 2002.

DBTEL, formerly a manufacturing subcontractor for Motorola’s Personal Communications Sector (PCS), alleged that Motorola had infringed on copyright and design patents relating to the Motorola C289 mobile phone.

DBTEL originally filed a criminal complaint alleging that the Motorola C289 mobile phone infringed upon DBTEL’s copyright on its printed-circuit-board drawings. DBTEL also claimed that the Motorola C289 infringed upon DBTEL’s design patent for the Motorola T189 mobile phone, which DBTEL produced for Motorola under an original equipment manufacturer (OEM) contract, which reserved technology rights to Motorola.

The Prosecutor’s Office of the Taipei District Court determined that DBTEL had provided no evidence to demonstrate infringement by Motorola. The Prosecutor’s Office added that DBTEL had no legal basis to file a criminal complaint for any alleged design patent infringement. As a result, the Prosecutor’s Office dismissed all claims filed by DBTEL against Motorola.

Motorola is pursuing claims against DBTEL in Taiwan and in the US. In October 2002, as a response to DBTEL’s filing, Motorola filed an invalidation action against DBTEL with the Intellectual Property Office of the Taiwan Ministry of Economic Affairs. In the filing, Motorola asked the Intellectual Property Office to invalidate DBTEL’s registered design patent on the T189 phone.

‘Motorola filed a civil suit against DBTEL in May 2002 seeking more than $48 million dollars in damages,’ said Cynthia Photos Abbott, senior legal counsel for Motorola PCS. ‘We assert that DBTEL violated parameters of our business contract and unlawfully used Motorola trade secrets to compete against Motorola.’

Both the request for an invalidation action and the civil suit are ongoing.

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