Malikie, based in 2023 to commercialise the BlackBerry patent portfolio, is a part of the Irish firm Key Patent Innovation. The NPE holds all kinds of mental property rights, each SEPs and non-SEPs, for wi-fi, safety, messaging and server applied sciences which might be utilized in numerous industries – from shopper electronics to automotive, cybersecurity, AI and medical units.
Malikie has not too long ago filed a lawsuit towards Nintendo on the UPC native division Hamburg based mostly on two of those patents (case IDs: ACT_53365/2024 and ACT_52355/2024). EP 2 448 225 protects a “Navigation device holder” and EP 2 579 551 is titled “Methodology and equipment pertaining to mechanically performing an software perform of an digital system based mostly upon detecting a change in bodily configuration of the system”. Each patents aren’t associated to any customary.
In Malikie’s opinion, these are infringed by merchandise from the Japanese video games console producer.
In Hamburg, UPC judges Sabine Klepsch, Stefan Schilling and Marije Knijff will rule on the 2 instances. Additional proceedings are pending within the USA.
Massive battle probably
This might mark the beginning of a significant patent battle over totally different IT associated patents on the UPC. Though Blackberry licensed numerous corporations, the Canadian firm was primarily centered on utilizing the know-how in its personal merchandise. “The portfolio is unlicensed to a lot of corporations”, says Angela Quinlan, Managing Director of Malikie and amongst different issues answerable for licensing and litigation methods, in an interview with JUVE Patent.
Angela Quinlan
She is satisfied of the excessive worth of the portfolio. “Quite a few patents are carried out in lots of merchandise of assorted producers in a variety of industries,” she says. Based on Quinlan, some massive companies have already taken licenses. She introduced that Malikie would implement IP rights towards potential infringers.
A number of actions are at the moment being ready in several jurisdictions, together with the UPC. “Europe is a vital market and the UPC is subsequently very related for us,” says Quinlan. Not one of the patents within the portfolio are opted out of the system.
Robust UPC presence
For its first lawsuits on the UPC, Malikie is counting on a group from the German IP boutique Peterreins Schley. Associate Frank Peterreins, Thomas Adam and Marc Grunwald are within the lead. They’re assisted in technical issues by the agency’s patent attorneys and companions Jan Malte Schley and Felix Glöckler.
The Munich IP agency has made a powerful begin on the UPC, suing Xiaomi and MediaTek on behalf of Daedalus Prime, in addition to for Headwater Analysis towards Samsung Electronics, and Nera Improvements towards Xiaomi. Along with these three cellular communications instances, the consumer Lionra Applied sciences can also be entrusting the agency with proceedings towards Cisco over semiconductors.
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- Thomas Adam
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- Marc Grunwald
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- Frank Peterreins
Quinlan is aware of the agency from earlier collaborations. She is an engineer and patent lawyer and has expertise in patent lawyer companies similar to Carpmaels & Ransford and FRKelly in addition to numerous positions as in-house vice chairman licensing. She works intently along with in-house gaming specialists Anthony Kavanagh and Stephen Cunningham.
Nintendo’s consultant shouldn’t be but identified. Nevertheless, prior to now Bardehle Pagenberg represented the Japanese firm, e.g. in a dispute against competitor Bigben over Wii consoles. The patent attorneys of the combined legislation agency are additionally lively in prosecution for the Japanese firm. Moreover, Bardehle is likely one of the most lively companies on the UPC so far, and already boasts in depth expertise representing shoppers similar to Dolby, 10x Genomics and Amgen, in addition to the automotive corporations Bentley and BMW.
