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According to Magic Jack's EULA (End User License Agreement): 4.
As a result of this action, MAGICJACK/ VOCALTEC LTD filed a document with the United States Patent Office (“USPTO”) requesting reexamination of net TALK patent 8,243,722.
The USPTO granted the reexamination petition and the claim against MAGICJACK/VOVALTEC LTD was stayed pending the outcome of the USPTO reexamination. In January 2014, net TALK petitioned the courts to restart the aforementioned lawsuit against MAGICJACK VOCALTECLTD, MAGIJACK HOLDINGS CORPORATION f/k/a YMAX HOLDINGS CORPORATION and DANIEL BORISLOW. On February 27, 2014, net TALK received the reexamination certificate which restated that all three claims of the ‘722 Patent are deemed allowable by the USPTO.
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In December 2013 net TALK received a USPTO Notice of Intent to Issue Ex Parte Reexamination Certificate (“NIRC”) for net TALK’s U. The three claims of the ‘722 Patent were minimally amended during the proceeding.
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In March 2009, Magic Jack took legal action for defamation against Boing Boing over its assessment of Magic Jack's terms of service, which included assertions that the Magic Jack End User License Agreement (EULA) allows the company to "snoop" on users by analyzing their calls for the purpose of targeting advertising and that the EULA requires users to waive the right to sue in court. filed a complaint in United States District Court For the Southern District of Florida, Civil Action No.: -cv-81022-CIV-MIDDLEBROOK/BRANNON, against MAGICJACK VOCALTECLTD, MAGIJACK HOLDINGS CORPORATION f/k/a YMAX HOLDINGS CORPORATION and DANIEL BORISLOW.
In the complaint, net Talk alleges patent infringement by the defendants, seeking injunctive relief and damages of two hundred million dollars (0,000,000) as a result of the alleged patent infringement by defendants.
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