AT&T’s motion for summary judgment of
invalidity of the Ring Plus patent (U.S. No. 7,006,608) was denied by
the federal court on the 13th of February 2008.
The Court found that AT&T has not proven by clear and convincing
evidence that all elements of asserted claims of the Ring Plus patent
are disclosed in a Korean Patent Application. As a result, the court
denied AT&T’s attempt to declare Ring Plus’
patent invalid.
The Ring Plus patent claims a software-based algorithm for operation of
a telephone system in which a generated sound presentation can replace
or overlay a ring-back signal (otherwise known as a ring-back tone or
"RBT").
The value of RBT replacement technology is globally USD 2.7 Billion and
increasing.
Ring Plus filed its lawsuit for patent infringement on April 14, 2006.
According to Technology Law 360, Cingular started selling its Answer
Tones ring back services on its website for USD .99 per month in 2005.
AT&T´s website is currently offering Answer Tones for USD 1.99 a
download, plus a monthly subscription rate of USD .99.
The court has not yet ruled on a motion filed by Ring Plus to disqualify
AT&T’s attorneys from the law firm of
Baker Botts from representing AT&T. The motion is based on ex-parte
communications with Mr. Tom Garretson who exchanged emails with Baker
Botts over a period of several months offering to provide Ring Plus’
litigation strategy to Baker Botts.
A Sealed Motion is pending from Ring Plus for Summary Judgment of
Infringement which asks the Court to make a ruling based on undisputed
facts that AT&T is infringing on Ring Plus’
patents.
Ring Plus, situated in Longview, Texas, is the holder of U.S. Patent No.
7,006,608, invented by Karl Seelig et al. in 1997 and granted by the
United States Patent and Trademark Office on February 28, 2006.
AT&T offers Answer Tones Service which is described by AT&T as a way to
"Save your friends from having to listen to that plain old ring when
they call you. Answer Tones let your friends enjoy cool music before you
answer your phone."
The case number is 2:06-cv-0159
The Attorneys representing AT&T Wireless Services, Inc. are Larry
Carlson, Doug Kubehl, David Taylor, Michael Jones, and Diane DeVasto.
The Attorneys representing Ring Plus are Frederic M. Douglas, Jerry L.
Mowery, Timothy J. Midgley, Sang Dang, and George Fountain.
Perceptive Impression
Press Room / Ruth McDonald
310-247-9002,
Ext 60