WASHINGTON, D.C.—MDS America Inc., the North American licensee for French company MDS International, which builds systems for the high-speed wireless broadband delivery of video and Internet data by terrestrial transmission, announced it has counter sued Northpoint Technology Ltd. regarding Northpoint’s claim of patent infringement.
In the counter suit, brought in the U.S. District Court for the Southern District of Florida, MDS America seeks to have the court declare that MDS America’s transmitter technology does not infringe upon any enforceable claim within three Northpoint patents.
In its counter suit, MDS America seeks to have the court declare the three Northpoint patents invalid by demonstrating that Northpoint was barred by statute from obtaining its patents, filed in October 1996, because of published prior uses of the technology in Europe in the early and mid 1990s.
MDS America also said it will demonstrate that its own uses of the technology to provide land-based video and data services in the 12.2 GHz to 12.7 GHz frequency range, started in Europe well before Northpoint’s patent filing date.
The company said it hopes to begin deployment of its technology for commercial use in the United States in the coming year.
