Mauriello Law Firm Serves as Counsel for VIPC in Patent Infringement Actions Against Apple and Google

In January 2012, the Mauriello Law Firm was hired as California counsel by Visual Interactive Phone Concepts, Inc. ("VIPC") in patent infringement actions against Apple, Inc. and Google, Inc. Both cases are pending in the United States District Court for the Northern District of California, after being transferred from the United State District Court for the Eastern District of Michigan. VIPC is a New York corporation that owns patents that cover (1) a system to enable and facilitate mobile transactions that includes a video-capable telephone and a data center that transmits, receives, and stores transaction information, and (2) a method for conducting mobile transactions using VIPC's patented system.

In the Apple action, Case No. 4:11-cv-6238-YGR, VIPC alleges that Apple has infringed on two of VIPC's patents entitled "Videophone Interactive Mailbox Facility System and Method of Processing Information." VIPC alleges that Apple designs, manufactures, uses, and sells mobile communication devices, such as Apple's iPhone, that are videophones as described in VIPC's patents. VIPC also alleges that Apple provides products and services that are available for purchase and/or download on Apple's videophones. VIPC alleges that, for example, Apple provides the iTunes Store entertainment service for iPhone operators to view and use music videos, movies, and TV shows. VIPC alleges that these transactions occur via a central data center, manufactured and operated by Apple, which facilitates the storage, purchase and delivery of said entertainment products. Apple has denied infringement and alleges that the patents-in-suit are invalid. Apple has asserted counterclaims for declaratory judgment of non-infringement and invalidity of the patents-in-suit. A copy of the Apple complaint may be found here.

In the Google action, Case No. 3:11-CV-05766-SI, VIPC alleges that Google infringes on the same "Videophone Interactive Mailbox Facility System and Method of Processing Information" patents, by making, using, and selling systems and methods that enable the completion of millions of commercial transactions with consumers that own video-capable wireless telephone handsets, which transactions are routed through Google data centers that collect and store transaction information. For example, Google develops and supports a mobile operating system known as Android, which is designed, according to Google' specifications, to be installed on millions of video-capable wireless handsets produced by Google and other manufacturers, and distributed by Google and various wireless service providers throughout the United States and the world. Consumers with video-capable wireless handsets running variants of the Android operating system may initiate transactions from such handsets to make purchases of goods from the Google Android Market, which sells various games and mobile handset applications, and also offers video content such as feature films for rent or purchase by Android Market customers. These transactions are routed through Google's data center and for which Google collects and stores certain transaction information. In order to employ certain features of handsets that use the Android operating system, handset owners are required to create an email account using Google's "Gmail" email system. A copy of the Google complaint may be found here.

The Mauriello Law Firm is serving as local counsel in these actions and is working as co-counsel with the Michigan law firm Mantese Honigman Rossman and Williamson, P.C.