December 15, 2009 by Robert Tharp at 4:16:16 pm
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The folks over at the Legal Bytes blog have an interesting take on the recent settlement struck by NetMass regarding a cloud computing patent held by inventor Mitchell Prust. Says Legal Bytes: This may be just the beginning of a wave of intellectual property lawsuits as cloud computing begins to evolve and become part of a commercial operational toolkit around the globe - not much different from those surrounding ATMs, online banking, networking and other once-emergent technology platforms. Stay tuned. You will be hearing more from us about clouds in the year ahead.
According to the settlement signed off on by Judge T. John Ward of the U.S. District Court for the Eastern District, NetMass admitted to infringing three online storage and computing patents(specifically U.S. Patent Numbers 6,714,968; 6,735,623 and 6,952,724) held by Prust and permanently enjoining NetMass from infringing on those patents in the future.
"We are extremely pleased to have resolved this matter in favor of Mr. Prust," says Christopher D. Banys of The Lanier Law Firm , who represtented Mr. Prust. "The patents in this litigation represent the building blocks for some of today's most sophisticated online applications, and we will continue to help our client protect his interests in these valuable patents."
IP Law 360 weighed in on the case, writing: Cloud storage and cloud computing technology has to do with moving away from storing information in physical locations like hard drives and instead keeping that data "in the ether," Banys said. Prust has been working on cloud technology for some time, but the technology "is just now catching fire."
Prust also is asserting the three patents against Apple Inc. in a separate case pending in the U.S. District Court for the Northern District of California.
The stipulated judgment and request for permanent injunction filed on behalf of Prust and NetMass in the Texas court on Monday said NetMass admitted every allegation in the complaint, except to the extent that willful infringement is alleged or exceptional case status was sought.
The case is ongoing with respect to Softlayer Technologies Inc., which Prust also named as a defendant when he filed the suit Aug. 5, though the parties are in settlement talks.
Prust's case against Apple was filed in the Texas court in April, and Judge Ward granted a motion to transfer the case to California in October.
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