Implicit Networks Sued by Sun

It's been a bad month for local patent licensing company, Implicit Networks. Its case against Intel, Sun, Real, and AMD was stayed in view of reexamination, and now, it has been DJed (pronounced "dee-jay-ed," yes, it can be a verb, meaning "to sue for a declaratory judgment") by Sun.

Sun filed a complaint on January 15, 2009, asking for an order invalidating US Patent Nos. 6,324,685 and 6,976,248, and further asking for an order of noninfringement and unenforceability (apparently based on laches and equitable estoppel, not inequitable conduct). Both patents-in-suit relate to software methods for providing applets and enhanced security features for computer-servers. The complaint was filed in the USDC, Northern District of California by Fish and Richardson. The complaint contains some interesting allegations of personal jurisdiction over Implicit Networks (a small Seattle-based company with few contacts, if any, in California), and incorrectly refers to a related case involving these patents (filed against Adobe, IBM, Oracle, and SAP) as filed in the "Middle Western District of Washington." Implicit's WDWA case against IBM, Oracle, Adobe, and SAP involves Infringement allegations targeting IBM's Websphere Application Server, Oracle's Application Server and BEA WebLogic Server, SAP's NetWeaver and Adobe's JRun and ColdFusion products.


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