3Com Corp., Santa Clara, Calif., said today that a federal court denied a motion by Xircom, Inc. to stay the preliminary injunction which is currently in effect against 26 of Xircom's products.
The ruling was made on July 31 by Judge Tena Campbell of the United States District Court. Xircom is a subsidiary of Intel Corp.
3Com filed the patent infringement lawsuit on May 26, 2000. It filed its motion for a preliminary injunction against Xircom, Inc. on February 8, 2001, after which the defendant was acquired by Intel later in 2001.
According to 3Com, the court ruled on March 22, 2002, that 3Com was likely to prevail on its claim that Xircom infringes claim 29 of U.S. Patent # 6,146,209. On July 19, 2002 the court granted 3Com's motion for preliminary injunction, according to 3Com.
The court has prohibited Xircom and those in active concert or participation with it from "making, using, selling, offering to sell within the U.S., or importing into the U.S.," the products in question. Additionally, 3Com has filed an Order to Show Cause alleging Xircom and Intel have violated the Court's injunction by continuing to sell the enjoined products on the Xircom/Intel website.
Xircom has indicated that it intends to seek a stay of the preliminary injunction from the Court of Appeals for the Federal Circuit. No trial date has yet been set for this action.
News source: EBN - 3Com claims another win over Intel subsidiary
