Intellectual Property Development, Inc.
C O M P A N Y   N E W S

 

INTELLECTUAL PROPERTY DEVELOPMENT, INC. AND ROGERS COMMUNICATIONS SETTLE PATENT INFRINGEMENT SUIT INVOLVING HYBRID FIBER-COAX CABLE TECHNOLOGY

  

CORAL GABLES, FL, May 15, 2000 - Intellectual Property Development, Inc. (“IPD”) headquartered in Coral Gables, FL, announced today that a settlement has been reached in the patent infringement lawsuit between IPD and Rogers Communications, Inc. (NYSE: RG, TSE: RCL.A, TSE: RCL.B)

Toronto-based Rogers becomes the first settlement with a cable company involving infringement of Canadian Patent No. 1058293, which covers the Hybrid Fiber-Coax cable (HFC) technology widely used throughout the cable industry.  The HFC technology is also covered by U.S. Patent No. 4,135,202.  Terms of the IPD-Rogers settlement were not disclosed.

"We are pleased to resolve this matter with Rogers and we look forward to working with Rogers on future projects," said Howard Krass, President of IPD.  "IPD has always been and remains willing to offer reasonable licenses under the HFC patents to all cable companies.  We are currently in discussions with many of the other major cable companies and we expect these discussions will result in licenses of the HFC technology."

The case was filed on October 18th, 1996, in the Federal Court, Trial Division, in Ontario.  HFC technology involves the use of a hybrid fiber-coax architecture in which optical fibers bring a signal from a central source to a distribution point near a group of subscribers.  A coaxial network is then used to take the signal from the distribution point to the subscribers.  This same method is widely used thoughout the North American cable industry.

The HFC technology was invented in the laboratories of England's Rediffusion Group, which later became a subsidiary of Robert Maxwell Private Group of Companies.  The U.S. patent was issued on January 16th, 1979 and expired in 1996. IPD owns the exclusive rights to commercialize the HFC patents and a group of other communications-related patents under an agreement with the liquidator of Robert Maxwell Private Group of Companies through its liquidator, a partner at Arthur Andersen in London.

IPD's lawsuit under the U.S. patent against Tele-Communications, Inc. (TCI) which is now a subsidiary of AT&T (NYSE: T) continues in the Federal District Court for the Southern District of New York (Civil Action No. 94CIV62960) and is expected to come to trial soon.  In March of 1998, Federal Judge Sonia Sotomayor ruled that the patent claims cover hybrid fiber-coax cable networks after a five day "Markman Hearing," in which both IPD and TCI presented evidence and witnesses.  In its ruling, the court stated hybrid fiber-coax is "...the system architecture most commonly used in the delivery of cable television today."  IPD is represented by the law firm of Baker & McKenzie in the U.S. lawsuit.

Privately held, Intellectual Property Development, Inc. based in Coral Gables, Florida, is in the technology transfer business, concentrating on the worldwide commercialization and licensing of intellectual property rights in selected technologies.  IPD both acquires patents and other intellectual property rights for commercialization and licensing on its own behalf and acts as a licensing agent for third parties.  IPD also provides intellectual property evaluation services.

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