Court Crushes Krush’s Motions For Preliminary Injunction On Patent Infringement And Trade Secret Misappropriation

Krush Communications, LLC ("Krush") brought suit in New Jersey in 2013 against Lunex Telecom, Inc., a Georgia corporation ("Lunex"), for patent infringement and misappropriation of trade secrets. After the case was transferred to the Northern District of Georgia, Judge Jones considered Krush motions for a preliminary injunction on its trade secret and patent claims and a motion to strike inequitable conduct allegations from the complaint. In a 45-page opinion, Judge Jones deconstructed Krush's arguments and the factual basis for its position.

Both Krush and Lunex are in the pre-paid telephone charges business. They provide customers with a highly automated system that does not require a card and utilizes the phone number of the purchaser to track the balance remaining and a SMS Text messaging system to confirm purchases of prepaid time. Krush obtained patent U.S. Patent No. 8,295,805 relating to its system and...