In March of 2011, NobelBiz again contacted TCN about the application,which had just issued as U.S. Patent No. 7,899,169 (the “’169 Patent”). TCN agreed tomeet with NobelBiz to discuss possible licensing or other arrangements.11.
TCN met with Mr. James Siminoff of NobelBiz in September of 2011.During that meeting, TCN explained that TCN did not infringe the ’169 Patent. TCNrequested information about any pending NobelBiz applications, and, at NobelBiz’srequest, agreed to continue discussions.12.
Mr. Siminoff never contacted TCN after that meeting.13.
In April of 2012, with no prior communication or warning, NobelBiz fileda lawsuit in the United States District Court for the Eastern District of Texas, CivilAction No. 6:12-cv-247-MHS (the “’247 Action”), alleging infringement of United StatesPatent Number 8,135,122 (the “’122 Patent”), which is a member of the same patentfamily as the ’169 Patent. NobelBiz never disclosed to TCN the existence of either the’122 Patent or the application that matured into the ’122 Patent prior to filing the ’274Action.14.
TCN has denied infringing the ’122 Patent in the ’274 Action. TCN hasalso brought counterclaims in the ’274 Action, seeking declaratory judgment that TCNdoes not infringe any claim of the ’122 Patent and that all claims of the ’122 Patent areinvalid.15.
The’274 Action is presently pending in the United States District Court for the Eastern District of Texas.16.
United States Patent Number 8,565,399 entitled “SYSTEM ANDMETHOD FOR MODIFYING COMMUNICATION INFORMATION (MCI)” (the