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    December 20

    Become them or Sue them

    http://www.bizjournals.com/washington/stories/2008/12/15/daily115.html
    http://tech.sina.com.cn/t/2008-12-20/08292674385.shtml

    Sprint Nextel Corp. and Clearwire Corp. face a patent infringement lawsuit for the WiMAX technology the companies are attempting to roll out nationwide.

    Adaptix Inc., a WiMAX service provider based in Carollton, Texas, filed a lawsuit this month in U.S. District Court for the Eastern District of Texas. Apatix claims that Sprint (NYSE: S) and Clearwire (NASDAQ: CLWRD) infringed on six of its patents, received between June 2005 and Nov. 18, 2008. The company wants unspecified damages, payment of legal fees and a permanent injunction keeping the defendants from further infringing on its patents, the Dec. 1 filing said.

    The infringements “will continue to damage Adaptix’s business, causing irreparable harm for which there is no adequate remedy at law, unless it is enjoined by this court,” Adaptix said in the filing.

    A call to Clearwire was not immediately returned. A Sprint spokesman referred questions to Clearwire.

    Overland Park-based Sprint and Clearwire, based in Kirkland, Wash., closed Dec. 1 on their $14.5 billion deal to create a company that will roll out WiMAX, an ultra-fast, high-capacity mobile Internet service.

    To form the new Clearwire, Sprint handed over its spectrum and WiMAX-related assets, including its Xohm unit, for an investment valued at $7.4 billion. The investment by Clearwire is valued about $3.9 billion. Clearwire also got a $3.2 billion cash investment from Comcast Corp. (NASDAQ: CMSCA, CMCSK), Intel (Nasdaq: INTC), Time Warner Cable Inc. (NYSE: TWC), Google Inc. (Nasdaq: GOOG) and cable provider Bright House Networks. Sprint owns 51 percent of the new company.

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