Litigation

Samsung, T-Mobile, Other Major Companies Sued Over Sales of Radiation-Reducing Cell Phones

By Angel L. Reyes, III

Inventors say companies profiting from invention

DALLAS - A Texas company has filed a federal patent infringement lawsuit against Samsung, T-Mobile and other major cell phone manufacturers, service providers and retailers based on claims that these companies are selling radiation-reducing cell phones without paying the inventors who hold the patent on the popular technology.

The Dallas litigation firm of Reyes Bartolomei Browne represents Tyler, Texas-based DownUnder Wireless, LLC, against 21 companies, including manufacturer Samsung; service providers including AT&T, Sprint Nextel, T-Mobile and Verizon; and retailers including Amazon.com, Best Buy, Target, Wal-Mart and others.

DownUnder filed suit against a group of cell phone manufacturers earlier this year, including HTC, LG, Motorola, Nokia, Sharp and Sony Ericsson. According to the lawsuits, DownUnder invented a design that calls for cell phone antennas to be placed in the base of the phone rather than the traditional placement in the earpiece near the user's head. DownUnder's design, which was awarded U.S. Patent No. 6,741,215, also angles the antenna away from the user. Both features work together to reduce the amount of potentially harmful radiation that could be transmitted into an individual's brain.

Before the end of the year, the World Health Organization (WHO) is expected to publish the results of a decade-long investigation into links between cell phone radiation and brain cancer. Published reports say the WHO study will show a "significantly increased risk" of some brain tumors related to long-term usage of mobile phones.

"As time goes on, people are going to focus on these kinds of studies and they're going to be concerned about this radiation as a potential hazard," says attorney Angel Reyes III, who represents DownUnder. "And that means the corporations using this design - our client's design - stand to make a good deal of money. That's fine, but the law requires that they first pay the rightful patent holder, which is DownUnder."

Among the phones listed in the lawsuit as improperly using DownUnder's patented technology are the LG Rhythm, Motorola RAZR, Nokia Twist, Propel Pro, Samsung Slash and Sharp Sidekick LX 2009.

"One of the most common measurements of electromagnetic radiation is the SAR, or specific absorption rate," says Mr. Reyes. "The wireless devices that use the technology described in the '215 patent are capable of operating at very low SAR levels without a loss of signal quality. Therefore, if you're concerned about cancer, these phones are more desirable."

Reyes Bartolomei Browne is a Dallas-based trial law firm that handles business litigation matters and life-altering personal injury cases. More information is available at ReyesLaw.com.

©2009 Angel Reyes
www.ReyesLaw.com

Full post as published by Angel Reyes Blog on November 24, 2009 (boomark / email).