Sling under legal fire for patent infringement

A chap that goes by the name of Stuart Mershon is the latest in a line that stretches to the horizon of those bent on putting the legal spurs to our nation's antiquated patent (and legal) system, specifically over Sling Media's line of category-defining Slingbox placeshifters. We're by no means patent lawyers, so we typically try not to side (too heavily) when these kinds of suits rear their ugly heads, but seriously, you've got to check out Mershon's patent in question: the dude was issued a patent for in-home short range wireless headphones to connect to one's home speaker system. Perhaps we're missing out on some of the subtleties of his technology that overlap with the very wired (read: not at all wireless) personal television internet broadcasters that are Slingboxen, but it's in the US District Court for the Eastern District of Texas's surely capable hands for now.

Read - News.com's writeup
Read - Stuar Mershon's patent

[Michael @ Feb 16th 2007 1:24AM]

I skimmed over the patent and his basic idea is fairly close to slingbox...accessing media in ones home from anywhere in the world. However, his invention only receives audio, unlike the slingbox.

I'm also not a legal expert in any way, but it looks pretty far fetched to me

[Ryan Block @ Feb 16th 2007 1:40AM]

You sure? I certainly didn't see internet or network-based transmission mentioned anywhere! Just local 900MHz wireless, IIRC.

[hank williams @ Feb 16th 2007 6:34AM]

guys, you have to read the *claims*, not the description. The claims determine whether there is infringement, regardless of whether there is a picture of a headset, or it uses the 900mhz spectrum of whatever.

[Hank Williams @ Feb 16th 2007 6:55AM]

Ok, so now I've read the panent claims, and there are two problems.

The first is that in all of the root claims, the invention seems to require that the data be sent at least in part over a "wireless telephone network" whereas it is clear that the slingbox is not at all based on the need for a wireless network.

The second, more subtle issue is that the invention requires that the receiving device have speakers and a keypad. Now obviously, the receiving PC or phone in a slingbox setup will have a speaker and keypad, but these elements are not part of what comes with a slingbox. While the slingbox itself matches part of the merson patent claim, the Merson patent also contains a receiving *device* not just software that turns a PC into a receiving device. The slingbox includes software that performs certain functions that *talk* to a keypad and a speaker, but it does not *include* a keypad and speaker as is required by the merson patent.

So for both of these reasons, the slingbox does not infringe Mr. Merson's patent.

[Derek @ Feb 16th 2007 7:02AM]

Okay, well here's the first part of the claim.

What is claimed is:

'1. A wireless speaker system, comprising:
a transmission unit, the transmission unit including:
an analog to digital converter adapted for connection to an output of a home audio source; and
a source wireless communication device connected to the analog to digital converter; and
a remote speaker device, the remote speaker device including:
a remote wireless communication device;
a digital to analog converter connected to the remote wireless communication device;
a speaker connected to the digital to analog converter; and
a keypad connected to the remote wireless communication device;
wherein the home audio source transmits audio signals to the remote speaker device via the transmission unit, the signals being transmitted at least in part via a wireless telephone network; and
wherein the keypad sends command signals to the home audio source via the remote wireless communication device and the transmission unit, the command signals being transmitted at least in part via the wireless telephone network.'

He specifically refers to audio, a "wireless telephone network" which - in '97 when he filed this - could only possibly be 900MHz at the most (no one was using 2.4GHz back in '97), and also a speaker which is something that the Slingbox certainly lacks.

Stuart is an idiot trying to cash in because he clearly couldn't gt anyone to buy his idea and turn it into a product. Sounds like someone's jealous more than anything else.

[Daniel A. Munz @ Feb 16th 2007 7:05AM]

Heh. "Slingboxen." Nice Brian Regan shout-out.

[Teh Lup @ Feb 16th 2007 8:37AM]

Go go sue happy America!!

[ScOObyDoo @ Feb 16th 2007 8:41AM]

I hope Sling keeps the lawsuit going for so long that poor Stuart ends up penniless and living in a large empty Sling carboard box at the back of a Circuit City. Damn patent scum.

[andy @ Feb 16th 2007 9:47AM]

Thanks dave.

The claim probably reads on the slingbox/cellphone model literally. HOWEVER:

The problem for the P is that he's trying to expand the scope of the claims beyond what is taught in the specification. They're going to have a big 35 usc 112 paragraph one problem with respect to this assertion (enablement and written description).

Also, sling is not selling the cellphones. Therefore, they're only contributing to infringement, not selling a setup that contains all of the elements of the claims. Users are actually the infringers; the only ones with all of the pieces.

This guy is looking for a settlement. I wouldn't take his case on a contingency fee...

[Gruff @ Feb 16th 2007 12:29PM]

Hmmm... I'm waiting with baited breath for him to sue Apple over the AppleTV
/sarcasm, sorta

[Frankenstein Black @ Feb 16th 2007 2:31PM]

RUN TO THE STORE AND GET YOUR SLING-ON NOW BEFORE IT’S TOO LATE. I did, and the f’ing thing is FANTASTIC!! Unfortunately this is but a small pebble of what’s to come for Slingmedia. The real MONSTER LURKING in the dark are GREEDY CORPORATIONS that believe this type of activity should come with a FEE (Subscription, Pay to Play, etc.)!

NOW GOOOO, QUICKLY BEFORE SLING GOES THE WAY OF THE DINOSAUR UNDER THE WEIGHT OF THE MEGATON CORPORATE COMET. REMEMBER REPLAY TV AND THEIR “AWESOME AUTO COMMERCIAL SKIP?” EXACTLY!!

[austin @ Feb 16th 2007 4:00PM]

Engadget; why don't you guys educate yourselves on patents? It's not a terribly difficult subject to get the gist of, and it may help to better inform your readers rather than inciting speculation.

Teach a man to fish and all.

[Ray @ Feb 19th 2007 3:17PM]

There are always certain legalities that arise even outside of technology http://www.prepaidlegal.com/hub/spencer73 but I guess that is just a part of out culture