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Munck Carter, P.C., Announces Patent Infringement Lawsuit Against Qualcomm Inc.

10-28-2008 02:31 PM CET | Politics, Law & Society

Press release from: Munck Carter

DALLAS – Attorneys from the Texas-based law firm of Munck Carter, P.C., are announcing the filing of a federal court lawsuit against San Diego-based technology giant Qualcomm Inc. (NASDAQ: QCOM) on behalf of Omaha, Nebraska-based Gabriel Technologies Corporation and a company subsidiary.

According to the strongly-worded lawsuit, Qualcomm and its subsidiary, SnapTrack Inc., wrongly appropriated valuable intellectual property that was developed as part of a joint development agreement with Locate Networks, Inc. Rights under the joint development agreement were acquired by Trace Technologies LLC, a subsidiary of Gabriel Technologies. The lawsuit has been filed in the U.S. District Court for the Southern District of California, San Diego Division.

The complaint accuses Qualcomm of procuring more than 90 separate patents by falsely claiming ownership and failing to notify Gabriel Technologies about its secret activities. Norman Krasner, SnapTrack’s then vice-president of technology, also is named as a defendant.

“Qualcomm has a long history of failing to respect the technological innovation and intellectual property rights of its competitors and other companies,” says attorney William Munck, counsel for Gabriel Technologies and chairman of Munck Carter. “The courts know Qualcomm’s track record, and in this case we are seeking more than $1 billion in damages.”

The disputed technology involves significant refinements and enhancements to what is commonly known as “assisted GPS.” Assisted GPS allows global positioning technology to be integrated into mobile devices, enabling a wide-variety of wireless services such as driving directions, identifying closest restaurants or banks, and tracking of assets or individuals for safety or in emergency situations.

The lawsuit specifically accuses Qualcomm of misappropriating intellectual property related to thirteen (13) “core inventions” embodied in at least ten (10) U.S. patents and four (4) U.S. patent applications:

U.S. Patent No. 6,377,209
U.S. Patent No. 6,583,757
U.S. Patent No. 6,661,372
U.S. Patent No. 6,799,050
U.S. Patent No. 6,861,980
U.S. Patent No. 6,895,249
U.S. Patent No. 7,254,402
U.S. Patent No. 7,289,786
U.S. Patent No. 7,319,876
U.S. Patent No. 7,421,277
Application Serial No. 10/418,799
Application Serial No. 10/792,062
Application Serial No. 10/956,409
Application Serial No. 10/961,986

According to the complaint, Krasner and SnapTrack began taking and unlawfully patenting Locate’s technology, motivated by a desire to add to SnapTrack’s patent portfolio in hopes of enticing an acquisition by a larger company such as Qualcomm. In 2000, Qualcomm purchased SnapTrack for $1 billion in stock. The lawsuit states that Krasner and his wife received 300,000 shares of Qualcomm stock.

”Qualcomm continuously touts its position as a leading innovator and patent accumulator,” says attorney Munck. “In this case, Qualcomm’s supposed innovations are actually the misappropriation of our client’s technology. We believe that after acquiring SnapTrack, Qualcomm made a business decision to continue the process started by Krasner and SnapTrack.”

Gabriel Technologies is asking the court to declare that the company owns the contested technology and related patents and other intellectual property. The lawsuit includes claims against SnapTrack for breach of the joint development agreement. Also, defendants are accused of fraud, misappropriation, unfair competition and patent infringement.

Gabriel Technologies Corporation is a publicly traded corporation focused on two rapidly growing segments of the homeland security market - asset tracking and physical security. Through its wholly-owned subsidiary, Gabriel Technologies, LLC, a Nebraska limited liability company, the company designs, develops, manufactures and sells a series of physical locking systems for the transportation and shipping industries collectively known as the War-Lok™ security system. Security has evolved substantially in recent years due to increased risks from theft and terrorism. With the implementation of the award-winning War-Lok™, Gabriel Technologies provides cost-efficient security measures to prevent national and global theft and homeland security issues. The Company's other wholly-owned subsidiary, Trace Technologies, LLC, a Nevada limited liability company, was formed to develop location based services to enable customers to track assets and personnel worldwide.

Munck Carter, P.C., has carved out a practice devoted to trials, transactions and technology. With offices in Dallas and Marshall, Texas, the firm offers full-service counsel in the areas of complex commercial litigation, intellectual property management and protection, corporate transactions and securities, and employment matters. Munck Carter represents clients from start-ups to Fortune 50(TM) companies. Learn more about the firm at http://www.munckcarter.com

To interview attorney William Munck about the Gabriel Technologies lawsuit, please contact Mike Androvett at 214.559.4630, toll free 800.559.4534, cell 214.507.5456 or e-mail mike@androvett.com.

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