Touch-screen device developer Typhoon Touch Technologies Inc. has filed for an injunction against Dell Inc. and Motion Computing Inc. for allegedly infringing touch-screen portable computing patents.

The complaint was filed Dec. 5 in the United States District Court, Eastern District of Texas, Tyler Division. Per the complaint, Typhoon seeks damages and a permanent injunction enjoining Dell, the nation's No. 2 computer maker, and Motion Computing from benefiting from Typhoon's patented touch-screen technology.

"Typhoon is filing now because there is a tremendous growth in touch technologies and it is vital that the companies offering the innovative technologies patented by Typhoon to be compliant with the patents and are appropriately partnering," said Craig Weiner, Typhoon attorney at law firm Hofheimer Gartlir & Gross LLP.

"As set forth in our complaint, we believe both Dell and Motion Computing are infringing on Typhoon Touch Technologies patents," he said. "However, along with Nova Mobility, Typhoon Touch welcomes the opportunity to begin discussion on an appropriate license."

Typhoon commenced the action as co-plaintiff with its licensee, Nova Mobility Systems Inc., a provider of tablet personal computers and handheld systems.

Typhoon's complaint alleges that Motion Computing and Dell are infringing two U.S. patents issued in 1995 and 1997 entitled "Portable Computer with Touch Screen and Computer System Employing Same."

The alleged infringing activities include the manufacture and sell of a variety of Motion Computing and Dell products such as tablet PCs, slate PCs, handheld PCs, personal digital assistants (PDAs), ultra mobile PCs (UMPCs) and smartphones.

"â?¦We believe that both Dell and Motion Computing are using and profiting from our patented technologies," Typhoon CEO James Shepard claimed in a press statement.

"â?¦ It is our intention to protect the interests of our shareholders, licensed users and our future business, by seeking all damages available, including treble damages," he said.

Motion Computing denies the allegations.

"As an intellectual property holder, Motion takes these matters very seriously and respects the intellectual property of others," said Mary Anne Gunn, spokeswoman for Motion Computing.

"However, we do not believe that our products infringe any valid claims in the alleged patents and intend to defend ourselves vigorously in this litigation," Ms. Gunn said.

Dell could not be reached for comment at the time of this report.

What does Typhoon expect from this legal redress?

"That Dell and Motion Computing cease infringing, become official licensees and Typhoon and Nova Mobility receive the compensation due as per our complaint," Hofheimer Gartlir's Mr. Weiner said.

He would not disclose the estimated amount of royalties expected from this action.

"We are not in a position at this time to determine or communicate the royalties owed," Mr. Weiner said. "However, based upon the potential number of alleged infringing units sold, our recovery could be quite substantial."

That said, Typhoon is open to working with Dell or Motion Computing.

"Typhoon Touch Technologies and Nova Mobility will gladly welcome partnerships with Dell, Motion Computing and any other appropriate technology company as long as they subscribe to our licensing agreement," Mr. Weiner said.