A Texas court declined to halt sales of Seven’s wireless e-mail products, a move that paves the way for a jury trial in the patent lawsuit between Seven and rival wireless e-mail company Visto Corp. Both companies hailed the ruling as a victory.
The court “found that Seven had raised substantial issues of patent validity and infringement, which renders preliminary injunctive relief improper. Seven will continue to focus its resources on its customers, product innovation and the expansion of the mobile e-mail market,” the company said in a statement.
“The arguments made in court were reinforcing, and by July, we will have closure. The noose around Seven’s neck just got tighter,” said Brian Bogosian, Visto’s president and chief executive officer. “With over 21 patents worldwide, Visto is setting the industry standard with secure synchronization technologies that deliver performance, reliability and security. By protecting our intellectual property against unauthorized use by companies like Seven, with no patents of its own, we hope to foster a creative environment where true innovation is rewarded.”
Visto’s battle against Seven is somewhat reminiscent of a similar wireless e-mail patent battle between BlackBerry maker Research In Motion Ltd. and patent holding company NTP Inc. Indeed, wireless e-mail startups are using any means necessary-from acquisitions to lawsuits-to stake out their claims in the emerging market.
