Pursuant to our last post on this theme, SpicyIP just heard that Micromax, a dual SIM cell phone importer filed a declaratory suit for non infringement before a court in Gurgaon (very close to New Delhi and part of the NCR region). This suit asks the court to declare that Micromax’s imports of dual SIM phones do not infringe Ramkumar’s patent, since they are outside the scope of the claims in his patent. Do any of our readers have more news on this?
I believe the court has not passed a final order here yet, but restrained Ramkumar from preventing the export or import of dual SIM phones by Micromax. This may perhaps explain why Ramkumar desisted from impleading Micromax as a party in the suit before the Madras High Court. I’m also guessing that once the defendants’ appear in the Madras High Court in response to the ex parte order, they will likely challenge of the validity of Ramkumar’s patent.
Dear Shamnad,
I drafted one declaratory suit on behalf of Micromax against Ramkumar, for a law firm (Sondhi Narula & Dalal). But after micromax was approched by Anand and Anand and they offered to fight their case for free, i have not heard from said law firm. but the strategy to move to gurgaon where the wharehouse of Micromax is located is of said firm. if i hear anything further in the matter will let you know.
Dear Shamnad
I donot why do u take so offensive about Ramkumar, infact i would say with out knowing fact about other companies. I would sugges you look into matter and help Indian innovator if he is right
regards
anon-1
Mr.Ramkumar is eligible to claim for infringement with respect to the pluaral sim mobiles which will have provision for multiple sim cards,multiple bletooth devices,multiple earphone jacks in order to operate the phone simultaneously in multiple communication network and multiple incoming and /or outgoing calls can be communicated simultaneously.
But he cannot make infirngement claims on all the dual sim mobiles which will not have all the above facilties.
This is where we have to oppose Mr.Inventor Ramkumar’s intention of trying to cover his patent rights beyond its boundary.
otherwise we can be proud of his invention and he can sue any MNC’s in this regard.
Preface
This document is intended to the put some light on Mr. S.Ramkumar’s (Inventor) Patent of dual SIM card Phone. In this document we shall be discussing following points
Inventor amended his objective of Invention in various filling
Inventor amended his Primary Independent calm number one in various filling
Inventor classification of Claims changed in various filling
World Intellectual Property Organization (WIPO) International Search Report on patent application submitted by inventor
Prior art work document cited on the same subject matter by other inventors having priority dates prior to Mr. S.Ramkumar (Inventor) patent application
1. Inventor amended his objective of Invention in various filling
a. Document Number: 161/MAS/2002, Filing Date: 4th March 2002:
The invention relates to mobile phone in particular. The invention relates to SIM cards incorporated. At present the mobile phone has the capacity to incorporate only one SIM card. This provision of limitation leads to lot of constraints in using the mobile phone. The object of the invention is to incorporate two or more than one SIM cards in a mobile phone. The Idea of using more than one SIM card is thought of by Inventor for the first time and such a novel concept is no where Known.
b. International Publication Number: WO 03/075543 A2, International application number: PCT/IN03/00044, Filing Date: 3rd March 2003:
The invention relates to mobile phone in particular. The invention relates to SIM cards incorporated. At present the mobile phone has the capacity to incorporate only one SIM card. This provision of limitation leads to lot of constraints in using the mobile phone. The object of the invention is to incorporate two or more than one the SIM cards in a mobile phone. The Idea of using more than one SIM card is thought of by Inventor for the first time and such a novel concept is no where Known.
c. Document Number: 161/MAS/2002, Amended and Filed on: 17th Nov 2006:
The invention relates to mobile phone in particular. The invention relates to SIM cards incorporated. The object of invention is a mobile phone is to be incorporated with the provision for plurality of current simcards and / or modified simcards, a plurality of current simsockets and / or plurality of modified simsockets for accepting a plurality of current simcards and or modified simcards, a pluarity of headphone/earphone Jacks for accepting a plurality of headphone/earphone plugs and/or plurality of Bluetooth devices in order to operate simultaneously the said mobile phone in said different communication network is presented, and a plurality of incoming and / or outgoing calls can be communicated simultaneously with the said respective simcards
2. Inventor amended his Primary Independent calm number one
a. Document Number: 161/MAS/2002, Filing Date: 4th March 2002:
A mobile phone having provision for incorporation of two or more than SIM cards wherein two (or) more than one SIM card to receive and/or send two signals or more than one signal at a time.
b. International Publication Number: WO 03/075543 A2, International application number: PCT/IN03/00044, Filing Date: 3rd March 2003:
A mobile phone having provision for incorporation of multiple number of simcards (two or more simcards) wherein multiple number of simcards can transreceive multiple number of mobile companies tower at a time.
c. International Publication Number: WO 03/075543 A3, International application number: PCT/IN03/00044, Amended and Filed on: 4th Jan 2004
A mobile phone is modified for incorporation of plurality of simcards allocated to different communication networks in order to simultaneously operate said mobile phone in said different communication network, a plurality of simsockets or a plurality of modified simsockets and a plurality of headphones/earphones jacks.
d. International Publication Number: WO 03/075543 A3, International application number: PCT/IN03/00044, Amended and Filed on: 23rd Jan 2006:
A mobile phone is to be incorporated with the provision for plurality of current simcards and / or modified simcards, a plurality of current simsockets and / or plurality of modified simsockets for accepting a plurality of current simcards and or modified simcards, a pluarity of headphone/earphone Jacks for accepting a plurality of headphone/earphone plugs in order to operate simultaneously the said mobile phone in said different communication network is presented, and a plurality of incoming and / or outgoing calls can be communicated simultaneously with the said respective simcards.
e. Document Number: 161/MAS/2002, Amended and Filed on: 17th Nov 2006:
A mobile phone is to be incorporated with the provision for plurality of current simcards and / or modified simcards, a plurality of current simsockets and / or plurality of modified simsockets for accepting a plurality of current simcards and or modified simcards, a pluarity of headphone/earphone Jacks for accepting a plurality of headphone/earphone plugs and/or plurality of Bluetooth devices in order to operate simultaneously the said mobile phone in said different communication network is presented, and a plurality of incoming and / or outgoing calls can be communicated simultaneously with the said respective simcards.
3. Inventor classification of Claim changed in various documents
a. Document Number: 161/MAS/2002, Filing Date: 4th March 2002:
i. Claim 1 to 4 is directed to a mobile phone having provision for utilizing more than one SIM in order to simultaneously operate in different communication network.
b. International Publication Number: WO 03/075543 A2, International application number: PCT/IN03/00044, Filing Date: 3rd March 2003:
i. Claim 1 to 4 is directed to a mobile phone having provision for utilizing more than one SIM in order to simultaneously operate in different communication network.
ii. Claim 5, 6 and 7 is directed to a mobile phone that can be used by more than one user, by providing multiple number of headphones in a single mobile.
iii. Claim 8 to 11 is directed to different design of simcards and simsockets.
c. International Publication Number: WO 03/075543 A3, International application number: PCT/IN03/00044, Amended and Filed on: 4th Jan 2004:
i. Claim 1 to 6 is directed to a mobile phone having provision for utilizing more than one SIM in order to simultaneously operate in different communication network.
ii. Claim 7, 14 to 19 is directed to a mobile phone that can be used by more than one user, by providing multiple number of headphones in a single mobile.
iii. Claim 8 to 13 is directed to different design of simcards and simsockets.
d. International Publication Number: WO 03/075543 A3, International application number: PCT/IN03/00044, Amended and Filed on: 23rd Jan 2006:
i. Claim 1 to 11, 15 to 17 is directed to a mobile phone having provision for:
A Plurality of current and / or modified Simcard
A Plurality of current and / or modified simsockets for accepting current and / or modified Simcards
A Plurality of Headphones/Earphone Jacks for accepting plurality of Headphones/Earphone plugs
In order to operate simultaneously in different communication networks
ii. Claim 12 to 14 is directed to different design of simcards and simsockets.
e. Document Number: 161/MAS/2002, Amended and Filed on: 17th Nov 2006:
i. Claim 1 to 13, 17 to 20 is directed to a mobile phone having provision for:
A Plurality of current and / or modified Simcard
A Plurality of current and / or modified simsockets for accepting current and / or modified Simcards
A Plurality of Headphones/Earphone Jacks for accepting plurality of Headphones/Earphone plugs and / or a plurality of Bluetooth devices
In order to operate simultaneously in different communication networks
ii. Claim 14 to 16 is directed to different design of simcards and simsockets.
4. World Intellectual Property Organization (WIPO) International Search Report on patent application submitted by inventor
a. Document Number: WO 2003/075543 A3, International search report published on 8th Jan 2004 on inventors patent application submitted to WIPO
i. Observation where unity or invention is lacking
The search has revealed that the concept of a mobile phone having provisions for utilizing at least two SIM cards allocated to different communication networks in order to simultaneously operate said mobile phone in said different communication networks according to the subject of independent claim 1 is not novel since a mobile phone providing the same features as claim 1 to 6 of the present application are directed to is as least disclosed in German Offenlegungsschrift DE 199 19 389 A1 (SIEMENS AG) 2 November 2000 (02.11.00)
As the subject matter of independent claim 1 is already known, the requisite unity of invention therefore no longer exists inasmuch as the subject-matter of dependent claim 7, 8, 13 to 15 defining further details of how to the mobile phone is arranged in order to be used by more than one user and the subject-matter claims 9 to 12 defining further details on the design of SIM card/SIM sockets, even when considering the description, are no longer linked with the subject of dependent claim 1 by a common inventive concept.
Consequently it appears that, a posteriori, requirement of unity of invention is not compiled with.
b. Document Number: WO 2003/075543 A3, International search report published on 5th Jan 2006 on inventors patent application submitted to WIPO
i. Observation where unity or invention is lacking
The search has revealed that the concept of a mobile phone having provisions for utilizing at least two SIM cards allocated to different communication networks in order to simultaneously operate said mobile phone in said different communication networks according to the subject of independent claim 1 is not novel since a mobile phone providing the same features as claim 1 to 5 of the present application are directed to is as least disclosed in German Offenlegungsschrift DE 199 19 389 A1 (SIEMENS AG) 2 November 2000 (02.11.00)
As the subject matter of independent claim 1 is already known, the requite unity of invention therefore no longer exists inasmuch as the subject-matter of dependent claim 6, and 7, defining further details of how to the mobile phone is arranged in order to be used by more than one user and the subject-matter claims 8 to 11 defining further details on the design of SIM card/SIM sockets, even when considering the description, are no longer linked with the subject of dependent claim 1 by a common inventive concept.
Consequently it appears that, a posteriori, requirement of unity of invention is not compiled with.
5. Prior art work document cited on the same subject matter by other inventors having priority dates prior to Mr. S.Ramkumar patent application
a. International Publication Number: WO 01/30097
i. Applicant: SIEMENS AKTIENGESELLSHAFT
ii. International Application Number: PCT/DE00/01419
iii. Priority Date: 21st Oct 1999
iv. International filing Date: 5th May 2000
v. Title: Radio Station with several user identification modules
vi. Abstract: The invention relates to a radio station which is provided with several user identification modules that are allocated to different communication network. Said radio station is simultaneously logged into different communication networks on the basis of said different user identification modules
vii. International Preliminary Examination Report
PTC application WO A 99/662282, which was published on December 1990 and has a filing date of 25 May 1999, claim a priority of 22 May 1998
This earlier application discloses a mobile station with the possibility of using multiple subscriber identity modules on one or more separate SIM cards, the individual modules being activtable independent of each other (page 8 line 40 to page 9 line 9). Calls can, moreover, be executed in parallel, i.e. it is possible to switch between two simultaneously incoming calls, or one of the calls can be transferred (page 37, line 34 to page 38, line 8).
PCT application WO A 99/62282 therefore discloses the subject matter of claim 1-8 of the present application.
US application US A 5 987 325, which was published on 16 November 1999 and has a filing date of 19 May 1997, claim a priority of 19 May 1997.
The earlier application discloses a mobile station with the possibility of using multiple subscriber identification module, the individual module being activeable independently of and parallel to each other (column 3, lines 1-16; column 3, line 66 to column 4 line 8). The mobile station can be provided with a plurality of receivers and so can also communicate in a plurality of system at one (column 4, line 40-59).
US application US A 5 987 325 therefore discloses the subject matter of claims 1-4, 7 and 8 of the present application
b. International Publication Number: WO 99/62282
i. Applicant: TELEFONAKTIEBOLAGET LM ERRICSSON
ii. International Application Number: PCT/EP99/03556
iii. Priority Date: 22nd May 1998
iv. International filing Date: 25th May 1999
v. Title: Mobile station, mobile radio communication network and communication method using several subscriber profiles
vi. Abstract: A mobile station (MS) has a receiving means (H) for receiving two or more subscriber identity modules (SIM1-SIMn) each having stored in a home location register (HLR) of a network (PLMN) a corresponding subscriber profile data set (SPDS1…SPDSn). The mobile station (MS) comprises an activation/deactivation means (AC) for selectively activating/deactivating one or more of said subscriber identity modules (SIM1-SIMn) inserted in the mobile station (MS). The subscriber profile data sets (SPDS1…SPDSn) which belong to the same subscriber and which have been stored in the home location register (HLR) and in the mobile switching center/visitor location register (MSC/VRL) handling the communication in a cell where the mobile station (MS) is located. When several subscriber identity modules (SIM1-SIMn) belong to different users, the mobile station (MS) cab thus be used commonly by several users.
vii. Claim 1 to 4 cited in the document:
I. A mobile station (MS1-MS4) for performing communication in a telecommunication system (TELE) including at least one mobile radio communication network (PLMN) using several subscriber profiles, comprising:
a. Receiving means (H) for receiving two or more subscriber identity modules (SIM1-SIMn) each having stored in a home location register (HLR) of said at least one network (PLMN) a corresponding subscriber profile data set (SPDS1…SPDSn, MSP) simultaneously in the mobile station (MS); and
b. Activation/deactivation means (AC) for selectively activation/deactivating one or more of said subscriber identity modules (SIM1-SIMn) for communication in said network (PLMN)
II. A mobile station (MS1-MS4) according to claim 1, characterized in that said subscriber identity modules (SIM1-SIMn) are provided on a single SIM card (MSIM) and said receiving means (H) comprising a single SIM card holding device (MSL) for receiving said single SIM card (MSIM).
III. A mobile Station (MS1-MS4) according to claim 1, characterized in that said subscriber identity modules (SIM1-SIMn) are provided on separate SIM cards (SIM1-SIMn) and said receiving means (RC) comprises several SIM card holding devices (SL1-SLn) for receiving said separate SIM cards (SIM1-SIMn).
IV. A mobile Station (MS1-MS4) according to claim 1, characterized by a display means (DSP) for indicating to the user which of the received subscriber identity modules (SIM1-SIMn) are active and / or which of the activated subscriber identity modules (SIM1-SIMn) have been successfully registered in the network (PLMN) and / or the available basic services and the supplementary services per subscriber identity modules (SIM1-SIMn) and / or a default subscriber identity module (SIMn)
c. International Publication Number: WO 99/27731
i. Applicant: MACCARONI
ii. International Application Number: PCT/IT98/00308
iii. Priority Date: 26th November 1997
iv. International filing Date: 3rd November 1998
v. Title: Multi-sim card GSM cellular Telephone
vi. Abstract: A cellular telephone into which several SIM cards can be inserted is disclosed, thereby permitting the use of several telephone numbers without being necessary to change the card manually each time. This offers two significant advantages: time saving over the conventional procedure for replacement of one SIM card with another and avoidance of damage to the SIM card microchip and mounting inside the telephone caused by repeated replacement of the card.
d. International Publication Number: WO 01/03413
i. Applicant: TELIT MOBILE TERMINALS S.P.A
ii. International Application Number: PCT/EP00/06265
iii. Priority Date: 2nd July 1999
iv. International filing Date: 29th June 2000
v. Title: Interphone apparatus with connection to a cellular telephone
vi. Abstract: An interphone apparatus comprises two headphones (11) each associated with a microphone (12) and an electronic circuit (13) for sending on command the audio signals of each microphone to the headphone associated with the other microphone. The electronic circuit comprises a connector (20) for connection with a corresponding connector (21) of a cellular phone (19) for exchanging on command with the latter the respective audio signals in such a manner as to send to the telephone the audio signal of at least one of said microphone for its transmission and to send to at least one of said two headphones the audio signal received by the telephone.
Leave apart the WIPO ISR report and the validity of his patent.
Only forum like SPICY IP can fight the validity of the patent in the best interest of the business and the society.
Our present question is:
Does a mobile phone with out the provision of multiple earphone jack or bluetooth devices and a mobile phone with which one can not talk simultaneously in both the SIM CARD lines is infringing his patent?
The infringment is claimable only if all the elements or points of his abstract or the independant claim numbered 1 is existing in the imported products.
As a patent expert Mr.Ramkumar’s legal advisers should make this point clear to the customs and try to enforce his infringment only on such mobile phones which have all the lements of his abstract or his claim 1.
Then we can appriciate their effort.
Just to make money, by forcing the customs to implement the patent act on Imports of all dual sim mobiles (as per the order of their WP/1570/2009)and delaying the clearance without giving any decisions and making the small traders to go for NOC and collecting money is really not in good spirit.
Definitely the result will show the truth in the end.
As a small importer we are fighiting with customs and definitely will make them understand that all the dual sim mobiles are not covered under this patent.
Only time is the factor.
Micromax X2i is a very stylish looking phone with a very bright and attractive colors to choose from namely Blue and Red. The phone is a Dual Sim phone both GSM and also Dual stand by means both cards will be active simultaneously no need to switch off and switch on the phone to change the cards like in others.