Sirius XM Radio Inc. has filed suit in the United States Southern District Court of New York against Technology Properties Ltd., Patriot Scientific Corp. and Alliacense Ltd. seeking a declaratory judgment that Sirius XM Radio Inc. does not infringe any valid and/or enforceable claim of United States Patent Nos. 5,030,853; 5,440,749; 5,784,584; 5,530,890; 5,809,336; 6,598,148 and 5,247,212.
Filing Excerpts: Starting in 2008 and continuing into April 2009, Defendants, through defendant Alliacense, have demanded that Sirius XM enter into a royalty-bearing license for the Asserted Patents. The ‘749 patent, ‘584 patent, ‘336 patent, ‘890 patent and ‘148 patent comprise part of Defendants’ MMP Patent Portfolio and the ‘853 patent and ‘212 patent comprise part of Defendants’ Fast Logic Patent Portfolio. Alliacense has claimed that products used in connection with the Sirius XM Services infringe one or more claims of the MMP Patent Portfolio and the Fast Logic Patent Portfolio. Alliacense has further informed Sirius XM that if it does not take a license, it may be subject to substantial liabilities........Under all of these circumstances, there is an actual, justiciable and substantial controversy between Sirius XM and the defendants having adverse legal interests of sufficient immediacy and reality to warrant the issuance of declaratory judgments with respect to the (patents).