Ring Plus Defies AT&T Wireless Services, Inc.’s (hereafter “AT&T”) Attempt to Declare Its Ring Back Signal Patent Invalid

AT&T’s motion for summary judgment of invalidity of the Ring Plus patent (U.S. No. 7,006,608) was denied by the federal court on the 13th of February 2008.

The Court found that AT&T has not proven by clear and convincing evidence that all elements of asserted claims of the Ring Plus patent are disclosed in a Korean Patent Application. As a result, the court denied AT&T’s attempt to declare Ring Plus’ patent invalid.

The Ring Plus patent claims a software-based algorithm for operation of a telephone system in which a generated sound presentation can replace or overlay a ring-back signal (otherwise known as a ring-back tone or “RBT”).

The value of RBT replacement technology is globally USD 2.7 Billion and increasing.

Ring Plus filed its lawsuit for patent infringement on April 14, 2006. According to Technology Law 360, Cingular started selling its Answer Tones ring back services on its website for USD .99 per month in 2005. AT&T’s website is currently offering Answer Tones for USD 1.99 a download, plus a monthly subscription rate of USD .99.

The court has not yet ruled on a motion filed by Ring Plus to disqualify AT&T’s attorneys from the law firm of Baker Botts from representing AT&T. The motion is based on ex-parte communications with Mr. Tom Garretson who exchanged emails with Baker Botts over a period of several months offering to provide Ring Plus’ litigation strategy to Baker Botts.

A Sealed Motion is pending from Ring Plus for Summary Judgment of Infringement which asks the Court to make a ruling based on undisputed facts that AT&T is infringing on Ring Plus’ patents.

Ring Plus, situated in Longview, Texas, is the holder of U.S. Patent No. 7,006,608, invented by Karl Seelig et al. in 1997 and granted by the United States Patent and Trademark Office on February 28, 2006.

AT&T offers Answer Tones Service which is described by AT&T as a way to “Save your friends from having to listen to that plain old ring when they call you. Answer Tones let your friends enjoy cool music before you answer your phone.”

The case number is 2:06-cv-0159

The Attorneys representing AT&T Wireless Services, Inc. are Larry Carlson, Doug Kubehl, David Taylor, Michael Jones, and Diane DeVasto.

The Attorneys representing Ring Plus are Frederic M. Douglas, Jerry L. Mowery, Timothy J. Midgley, Sang Dang, and George Fountain.

Contacts

Perceptive Impression
Press Room / Ruth McDonald
310-247-9002, Ext 60