IBM tries to stop Asus imports over patent violations

In what's becoming a common strategy by patent plaintiffs to try and speed up the settlement process, IBM has asked the United States International Trade Commission to ban imports of Asus computers due to claimed patent violations. The two companies had a patent license that expired in December of 2004, and IBM says Asus has continued to use the disputed tech since that time, in both Asus-branded machines and machines it's OEM'd for others, like Apple and Dell. IBM isn't getting specific about which patents are being infringed, except to say that it's three patents that cover "important aspects of computer systems, including power supplies, computer cooling and computer clustering capabilities." As always with ITC hearings, there's a 45-day window for the Commission to make a determination, so you may want to snap up that Eee PC sooner rather than later.

Disclaimer: Although this post was written by an attorney, it is not meant to be legal advice or analysis and should not be taken as such.

[Kris S. @ Dec 6th 2007 5:12PM]

ASUS > IBM.

[or_alfred @ Dec 6th 2007 6:55PM]

You kidding, IBM >> Asus, even if Asus is getting bigger. I guess there’s some distance between those companies in different ways.

[athousandleaves @ Dec 6th 2007 9:24PM]

Asus is way better than IBM for useful personal computing. However if you want the newest optically linked super computer core then go ahead and drop the change for IBM's next super computer.

[Wwhat @ Dec 6th 2007 5:29PM]

They should make a patent-UN or UM, United Manufacturers, where the people of all (big) companies sit around the table and talk and try to come to terms before the hostilities begin, or before format wars begin.

[mex @ Dec 6th 2007 5:39PM]

ibm's jealous.

[Bernie B @ Dec 6th 2007 5:42PM]

I bet if the EeePC wasn't taking off so successfully, they wouldn't have brought this up. You can smell the fear from their sweaty brows as pricetags plummet.

[huh @ Dec 6th 2007 6:18PM]

Oh, you guys are so uninformed.

IBM doesn't make PCs any more. They sold all that to Lenovo.

And companies already do sit around a big table and trade patents. It's how modern business is done (though it sucks for smaller innovators and software patents are usually bogus because "invention" is a much different process.. a moment of insight vs a 10 year internal research process).

The reason this is happening is an agreement expired, and ASUS carried on as if it hadn't.

[Wwhat @ Dec 7th 2007 3:22PM]

From what is said IBM says they tried to argue with asus and failed, while asus says 'wtf happened? what are they talking about?'
So maybe they used the wrong email address or something eh.
(Sounds like a joke but I saw it happen once, a group was angry because an ISP would not reply to emails, then later they discovered they put that ISP in their blocklist some time earlier and that's why the communication was a bit one sided :))

[CUBSWILLWIN @ Dec 6th 2007 7:30PM]

IBM, I luvya and all but ya'll should go to hell.

[Paul Barwick @ Dec 6th 2007 7:33PM]

I'm glad that I already ordered my Eee. It will be here tomorrow. Weee!

[Bryan Law @ Dec 6th 2007 8:19PM]

The Eee PC is really making more of an impact in the industry than I expected. I think IBM, Microsoft, etc. underestimated it, and just kind of shrugged it off as a niche item that would never get anywhere. But I daresay this shows that this may not be the case. Of course, that is presuming much.

Anyways, I love my Eee PC, I'm behind Asus all the way on this. Like Kris S. said, Asus > IBM!!!

[Jotenks @ Dec 6th 2007 9:46PM]

Huh seems to be the only one who is paying attention here.

IBM was pursuing legal action over this long before the Eee PC. Asus has been producing computers using IBM patented technology for almost 3 years since their license on the patents expired. IBM doesn't give a damn about the Eee PC since they no longer manufacture home computers. If anything, the Eee's success would be beneficial to IBM in this suit damages-wise.....as long as the Eee infringes on the patents as well.

As far as the earlier posts go on company worth, I'm pretty sure the world needs Blue Gene supercomputers and IBM blade servers far more than the Eee or Macbook. Hell, I want an Asus G series for my next laptop in January, but i'm not deluding myself as to the company's value to the world because they make something I want.

[Manny @ Dec 6th 2007 11:25PM]

IBM has always SUCKED.

The reason why they're no longer in the PC/notebook business is because people got tired of being ripped off - paying a premium for low grade components.

Long Live Asus and anyone else trying to give consumers value for their $$$

[huh @ Dec 6th 2007 11:29PM]

Manny, what an interesting statement. Thinkpads are known for excellent parts (eg the keyboard) and lasting forever. And their pricing is comparable to any other manufacturer. Someone has a grudge?

[Mr T. @ Dec 7th 2007 12:50AM]

@huh: Only ThinkPads?? That's sad...

[skhawaja @ Dec 7th 2007 3:32AM]

how the hell does it take 3 years for them to come up with this tactic?

You are all welcome to Canada for your EEE purchase.

[CUBSWILLWIN @ Dec 7th 2007 8:01AM]

see how nice Canada is being? Why don't we give them the iphone in return!

[skhawaja @ Dec 8th 2007 6:07AM]

Rogers has jumped on that band wagon for the Judas Phone - because it is the Judas Network - they belong together :]

[orlando @ Dec 8th 2007 3:34AM]

...very interesting patents indeed: cooling a computer on demand. its like they patent a method to lower the temperature of a room through inhibitting the impact of sunlight. But alas, Microsoft also holds the mouseclick patent. hilarious!
The ability to patent ideas tzhemselves vs. only technological inventions based on these ideas was wrong from the beginning: they can shut down every innovation which is based on a simple idea, which is destructive on the long run...