Apple in a counter-complaint filed in California is seeking to nullify a new assertion from patent holdings firm Traxcell, which is suing the tech giant in Texas for alleged infringement of intellectual property covering navigation systems, the media reported on Friday.
Traxcell, a non-practicing entity, sued Apple in January on claims that the company’s Maps product infringes on US Patent Nos. 9,918,196 and 9,549,388.
The IP covers locating and providing directional assistance to devices on a mobile network and hardware that facilitates such capabilities, reports AppleInsider.
It appears, however, that Traxcell is attempting to slip in claims from a third, heretofore unmentioned invention in US Patent No. 10,820,147 for a “Mobile wireless device providing off-line and on-line geographic navigation information”.
As explained by Apple in a complaint filed on Thursday with the US District Court for the Northern District of California, Traxcell served the iPhone maker with its preliminary infringement contentions as related to the lawsuit in Texas.
Despite not asserting the 147 patent in its original filing, the NPE included attached claims in the document and in July said it intends to assert the IP against Apple, the report said.
On Wednesday, Traxcell sent Apple a draft complaint set for filing in the Western District of Texas. Apple is looking to win a declaratory judgment that it does not infringe on the ‘147 property’.
“This Court should not allow the threat of a future lawsuit and uncertainty surrounding Traxcell’s allegations to harm and cause unpredictability to Apple’s business,” Apple asserts.
Apple lists several reasons why Maps does not infringe on the ‘147 patent, mostly leaning on the fact that it does not own or operate the cellular network through which its devices access mapping tools. That stipulation is detailed in multiple claims of the ‘147 property, Apple argues.
As for jurisdiction, Apple said California is the appropriate venue given Traxcell continues to communicate with the company’s offices in the state, the report said.
Further, one of the named inventors of the ‘147 patent participated in prosecution activities while living in Redondo Beach, Apple alleges.