Communication Technologies, Inc. (d/b/a COMTek) has filed a second complaint over a single patent broadly directed to a script for automating the removal of information from a computing system. This one, filed in the Eastern District of Texas against Samsung ( 2:21-cv-00444), targets features for erasing all data after a determined set of unsuccessful attempts to enter a passcode, within certain Samsung devices (i.e., Galaxy-series phones and tablets, as well as Tizen-series products) that support its Knox mobile security solution and/or Knox Tizen Wearable operating system (Wear OS). Litigation against the first defendant in this campaign, Citrix Systems, was dismissed with prejudice from the District of Massachusetts after roughly five uneventful months.
The asserted patent ( 6,725,444) issued in April 2004 with an estimated priority date in December 2000. Joseph E. Fergus is the patent's sole named inventor; Fergus assigned the asset, during prosecution, to COMTek, which appears to have provided IT services from its formation, by Fergus, in Virginia in 1990 through early 2019. In late 2020, the company's website bore a 2009 copyright, archived press releases through 2010, and noted government contracts, the most recent of which appeared to have lapsed in April 2019. (COMTek appears to have other government contracts with end dates that have yet to pass.) The message from the CEO (Fergus), again on a page copyrighted in 2009, indicates that COMTek's goal was "to establish, improve, or expand your communications infrastructure, increase your productivity, even add new business capabilities".
The plaintiff's public website has since been updated, at least as to its copyright date (now in 2021), with continued citations to government contracts to provide security services. In its complaints, COMTek has suggested ongoing operations, describing itself as "a leading technology firm which offers an array of telecommunications and IT managed services as well as training support to government and commercial enterprises". COMTek has further trumpeted reception of its "patented solution in the form of COMTek's No*Trace software tool" by the US Department of Defense—in part through a 2001 memorandum, an image of which is included in the complaint. COMTek also touts Fergus's resume, alleging that he started the company after spending ten years with AT&T Bell Labs; detailing work of the company, largely for the federal government; and identifying several accomplishments, awards, and accolades collected through 2009.
In its 2020 case against Citrix, COMTek targeted a similar set of data-erasing features within Citrix's Workspace platform and certain integrated software products, including Citrix Virtual Apps and Desktops, Citrix Endpoint Management (CEM), and XenMobile. The '444 patent comprises a family of one; currently available USPTO records do not identify other patents held by COMTek, which is represented by Zimmerman Law Group and Hoffberg & Associates, two small east coast firms, in the new litigation.
COMTek pleads that it seeks monetary damages "and injunctive relief", later repeating that it "seeks a permanent injunction and damages" for the alleged infringement. Its prayer for relief, however, omits any mention of injunctive relief, focusing on money damages only. The '444 patent issued in April 2004 with estimated priority in December 2000. It appears to have expired. The suit against Samsung has been assigned to District Judge Rodney Gilstrap. 12/2, Eastern District of Texas.
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