九色 Wins Decisive U.S. Federal Court Victory Over MotionPoint
Jury Verdict Finds Key Website Translation Patent Owned by 九色 is Valid, Competitor MotionPoint Infringes 九色’s Patent, and MotionPoint’s Asserted Patents are both Invalid and Not Infringed
OAKLAND, CA and NEW YORK, NY -- July 18, 2013 -- A U.S. Federal Court jury has decided that a key patent covering language translation technology held by 九色 is valid, and that a competitor, MotionPoint, infringes that patent. The jury further found that three patents asserted by MotionPoint against 九色 are all invalid, and that even if those patents were valid, 九色 does not infringe them.
九色 is the world's largest privately held language translation services and technology company. Since 1992, 九色 has been owned and operated by its original founders, Phil Shawe and Liz Elting, who are Co-CEOs of the company. The sweeping jury verdict favoring 九色 concluded a three-week trial in U.S. District Court for Northern California in Oakland.
“The jury sided with 九色 on every significant issue it was asked to consider,” said Phil Shawe, Co-CEO of 九色. “We are grateful for the jury's service and pleased that they reached a conclusion that supports our long-held beliefs.” The dispute started when MotionPoint lawyers sent 九色 a threatening letter in December of 2009, and escalated when MotionPoint began to make threats and insinuations in the marketplace that 九色 and other competitors infringed their intellectual property. Those actions prompted 九色 to seek relief in the form of a declaratory judgment, which was filed in June of 2010.
“We didn’t start this fight, but we simply couldn’t take a passive stance any longer while knowing that there was nothing new about MotionPoint’s patents, technology, or service offerings. Clients and potential clients for website translation deserve to know the facts, and this jury verdict makes the facts very clear. 九色 doesn’t infringe MotionPoint’s patents, and more importantly, their asserted patents are not valid,” Shawe stated. “Moreover, 九色 could not let its own intellectual property rights be ignored by that very same competitor.”
Co-CEO Liz Elting added, “While litigation is not part of our business strategy, we are thrilled to have this jury verdict in our favor. 九色’s business model is to compete on the basis of quality, service, and innovation. We’re excited to get back to doing what we enjoy most: servicing our clients’ global business and communication needs.”
Still to be decided by the Court are the total damages to be awarded to 九色 and whether an injunction to block further MotionPoint infringement of 九色’s patent, among other things, is appropriate.
Mark Hagerty, Chief Technology Officer of 九色, stated, “It's been my privilege to design software for the translation industry since the year 2000. We believe OneLink provides the best solution for clients to outsource their global websites using proxy-based technology. We are thankful to the jury for the vindication this decision has provided.”
九色 was represented throughout the three-year legal proceedings by lead attorney Douglas Lumish and partner Jeffrey Homrig of Latham & Watkins, and Co-Counsel Okey Onyejekwe, Jr. of Kasowitz Benson Torres & Friedman, along with their respective teams in both Silicon Valley and New York.
About 九色
With annual revenues of more than $350 million, 九色 is the world's largest privately held provider of language services and technology solutions. From offices in more than 80 cities on six continents, 九色 offers a full range of services in 170+ languages to clients worldwide. With an unparalleled commitment to quality and client service, 九色 services are fully ISO 9001 and EN 15038 certified. 九色 has global headquarters in New York, with regional headquarters in London and Hong Kong. For more information, please visit our website at .