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TNDM > SEC Filings for TNDM > Form 8-K on 13-Dec-2011All Recent SEC Filings

Show all filings for NEUTRAL TANDEM INC

Form 8-K for NEUTRAL TANDEM INC


13-Dec-2011

Other Events


Item 8.01. Other Events.

Peerless Network, Inc.

Proceeding in the United States District Court for the Northern District of Illinois

As previously disclosed, on June 12, 2008, Neutral Tandem, Inc. (the "Company") commenced a patent infringement action against Peerless Network, Inc., Peerless Network of Illinois, LLC, and John Barnicle (collectively, Peerless Network) in the United States District Court for the Northern District of Illinois to enforce U.S. Patent No. 7,123,708 (the '708 Patent) (Neutral Tandem, Inc. v Peerless Network, Inc., Peerless Network of Illinois, LLC and John Barnicle, 08 CV 3402). On September 2, 2010, the trial court issued an opinion and order granting Peerless Network's motion for summary judgment against the Company. The court found that the '708 Patent is invalid in light of a prior patent, U.S. Patent No. 6,137,800. On December 20, 2010, the Company filed notice that it planned to appeal the court's order granting Peerless Network's motion for summary judgment and finding that the '708 Patent is invalid. Oral argument in the Company's appeal was heard on December 8, 2011.

On December 13, 2011, the appeals court affirmed the trial court's ruling. The court's decision means that the business status quo that has existed since Peerless Network commenced operations will continue, namely that the parties will continue to compete directly without legal restriction. As such, the Company is evaluating all of its options.

For more information concerning the history of the litigation, as well as the inter partes reexamination of the '708 Patent currently being conducted by the United States Patent and Trademark Office, please refer to the Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 2011.


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