14 DAY TRIAL // Recent news on the IT market lets me draw but a conclusion: if you can't sell more than they do, then sue them. It was a hard week, with companies moving their wars from the market directly into the courtroom: it was the Nigerian LANCOR to sue OLPC over their laptop, then it was IBM to sue Asustek for multiple patent infringement, then it's Typhoon Touch to smash Dell's head against the wall.
Typhoon Touch Technologies is the owner and developer of the touch-screen technology and took action against Dell and Motion Computing for an alleged patent infringement concerning the U.S. Patent No. 5,379,057 (the '057 patent) issued on January 3, 1995 and entitled "Portable Computer with Touch Screen and Computer System Employing Same", as well as U.S. Patent No. 5,675,362 (the '362 patent) issued on October 7, 1997 and entitled "Portable Computer with Touch Screen and Computing System Employing Same".
"As alleged in our Complaint, we believe that both Dell and Motion Computing are using and profiting from our patented technologies. It is our responsibility to ask the Court to enjoin Dell and Motion Computing from the continued violation of our patents and seek recovery of lost profits. In addition, it is our intention to protect the interests of our shareholders, licensed users and our future business, by seeking all damages available, including treble damages", James Shepard, CEO & President of Typhoon Touch Technologies (TYPT.OB) said. "At the core of our offering is to partner with companies to bring our unique technology to the market for their own competitive advantage. As further set forth in our Complaint, the alleged infringement by both Dell and Motion Computing absolutely impedes on our offering and has prevented us from obtaining our due royalties. We believe that their infringement was willful and therefore entitles us to treble damages."
It is believed that the lawsuit has to do with Dell's tablet PC launch on Tuesday. If the US Court settles in the favor of the complaint, Dell might have to either acquire a license for the used technology, or postpone the launch until further instructions.