Circuit patent suit refiled against Motorola
Less than a week after a federal judge threw out a patent-infringement case against Motorola Inc., the patent-holder filed a new complaint, according to court filings.
Gregory Bender of San Jose, California, sued Schaumburg-based Motorola in federal court in March 2009, claiming his 5,203,188 patent was infringed. He claimed he was "the quintessential little-guy lone inventor" who by himself invented and patented the analog amplifier electrical circuit at issue in the dispute.
On Feb. 26, Judge Saundra Brown Armstrong dismissed the case, saying that Bender failed to state an adequate claim for infringement. His complaint lacked "the requisite level of factual detail, the particular product or line of products that allegedly infringe."
She said it wasn't enough for him to "recite a laundry list of electronic devices," and gave him five days to file a better complaint.
His new filing, made March 3, now includes "Motorola-brand mobile phones, mobile phone accessories, two-way radios, cordless and corded phones, home digital video, cable modems and gateways, hope IP video, DSL modems" among the items he says infringe the patent. Bender didn't list model numbers or names for any of the items in his new complaint.
On the same day Bender filed his initial complaint against Motorola, in separate cases he also sued Siemens Corp., Agilent Technologies Inc., Nokia Inc., Cirrus Logic Inc., Sony Corp. and International Business Machines Corp.
His counsel in the cases and the dispute with Motorola is David Noel Kuhn of the Law Offices of David N. Kuhn of Piedmont, California.
The case against Motorola is Bender v. Motorola Inc., 5:09- cv-1245-PVT, U.S. District Court, Northern District of California (San Jose).