Typo Won’t Undermine Cellphone Patent Suit

SHERMAN, Texas (CN) - A typographical error is no reason to toss patent-infringement claims against cellphone maker Kyocera, a federal judge ruled.

Imperium Holdings claims eight companies violate its patents with their cellphone image sensors. The companies include Kyocera Communications, Apple, Nokia, Motorola Mobility Holdings, LG Electronics USA, LG Electronics Mobilecomm USA, Research in Motion and Sony Ericsson Mobile Communications (USA).

Imperium filed its federal complaint for patent infringement on March 30, 2011.

Among the phones at issue are Apple's iPhone 3G and Research in Motion's Blackberry Storm2.

U.S. District Judge Ron Clark refused Monday to dismiss Kyocera as a defendant, adopting the recommendation of U.S. Magistrate Judge Amos Mazzant.

Kyocera's demand for dismissal relies on an alleged break in the chain of assignments from the original patent inventors to Imperium.

But Imperium countered that claim as a mere "typographical error," according to Mazzant's June report.

"Plaintiff asserts that this does not defeat standing where, as here, the intent of the parties to complete a valid assignment is clear," Mazzant wrote.

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