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Padcom files pre-emptive legal strike against NetMotion

BETHLEHEM, PA-Padcom Inc., a provider of wireless mobile virtual private networks, filed a lawsuit against competitor NetMotion Wireless Inc. of Seattle. The complaint alleges that a patent recently issued to NetMotion is “invalid, unenforceable and not infringed,” according to a Padcom statement.

Padcom filed the lawsuit in the U.S. District Court for the District of Delaware, which is also handling another case involving the two companies. In 2003, Padcom accused NetMotion of infringing on three of Padcom’s patents that enable roaming across multiple dissimilar networks.

The most recent complaint claims that Padcom’s products do not infringe on NetMotion’s recently received patent. It also charges that the NetMotion patent is invalid because similar technology existed prior to NetMotion’s patent filing, and asserts that NetMotion’s patent is unenforceable because the company did not disclose information related to the pre-existing technology to the U.S. Patent and Trademark Office.

“We were concerned that NetMotion would bring suit against Padcom based on the newly issued patent, so to adequately protect our interests, we had no choice but to file the suit,” said Scott A. Stone, president and CEO of Padcom.

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