Apple, RIM, Palm sued over vague GSM patents
By Nilay Patel 
posted Aug 6th 2008 3:01PM
posted Aug 6th 2008 3:01PM
Quick, you ever heard of WiAV Solutions? You know, the owner or exclusive licensee of several vague patents on the use of GSM tech in smartphones? The company that doesn't make anything or even have a web site, but files so many patent lawsuits that some companies have taken to pre-emptively filing suits for declaratory judgment against it? Yeah, well, get used to the name -- it's just sued RIM, Apple and Palm for violating ten patents on things like detecting the difference between silence and voices, mobile device power management, and altering music to accommodate voices. WiAV wants a permanent injunction on the sale of all devices that allegedly contain its tech, and not surprisingly, it's asking for damages and attorney's fees as well. There are some procedural hurdles to jump through here -- WiAV is Mindspeed's exclusive licensee for eight of the patents, not the outright owner, so it has to ask the court to join Mindspeed as a plaintiff as well -- and it doesn't sound like any of the companies are talking just yet, so we wouldn't expect this one to get resolved any time soon.[Thanks, Becky]
Read - AppleInsider post on the suit
Read - WiAV's complaint [Warning: PDF]
If I was president I'd pass a law specifically against this company. :)
So you would waste the tax payer's money for that?
I'd spend it on a new car—with lasers.
you were elected to lead, not to read.
The President doesn't make laws. You could ask Congress to pass a law for you, though, but you'd better ask nicely.
With executive powers, the Prez makes any law he wants, while pointing a finger at congress and laughing evilly.
I think people just form companies to sue big companies on patents.
Really? You think?
what i wanna know is, where are these sham firms getting the venture capital for the money needed for these size lawsuits?
phanboy... it's called contingency fees. They probably hire lawyers who won't require a fee unless they win or (their real goal) settle.
There are several reasons why companies do these things.
It's possible this new "exclusive licensee" is in place because the original plaintiff doesn't have the cash to fight the legal battle all the way through. WiAV will probably pay the expenses in exchange for 30 to 50 percent of whatever they win (or get from settlements).
OR, the licensor set this up to get preferential tax treatment (in other words, tax shelter)... which could end up being a pretty substatial amount of money... think about going from being taxed at 35% to 15% ...
There are companies that make a living doing these things... they are all pretty shady tho. The IRS doesn't exaclty look highly upon tax shelters and you can get yourself in trouble pretty easily.
At Mikey: They ARE lawyers.
Apparently this company is a patent-troll company.
http://www.setexasrecord.com/news/205753-texas-company-seeks-judgement-to-stop-potential-patent-suit
Seems they sued American Microsystems last December.
The US patent system is pretty effed up
The patent system should be outlawed. Period.
Not being able to develop something that would help further man's progress, because of greed is not only immoral, but goes against progress, and should be outlawed.
@ ishism
Yes, that's a good idea... let's take away one of the biggest incentives to innovate in just about every technical industry. While we're at it, lets make it even more difficult to prevent China or other countries from flooding the market with cheap knockoffs that drive American companies out of business.
I'll listen to people who have good ideas to reform the patent system. But idiots who just want to abolish it are crackpots.
You just wanted to be low ranked didn't you?
GTFOH!
this is a tech blog...
Welcome to America.
If you can't beat 'em, sue 'em.
you misspelled your name: "WiAVownsyou"
General Slowness Mechanism
LOLZ!
I am going to patent the Patent Troll system then sue every patent troll
dude, that's meta
@"Chris"
no, i'd rather discuss it here. thanks. have you gotten your 6th member yet, spammer?
How am I trolling? Your the troll.
My real name starts with a (A) same as Apple, can i sue??? they're also using some other letters, do i have a case?? i mean this is the US
were you born before apple was formed
What if he was?
Would it really make a difference?
No you can't. Apple is a "Trademark" and Not a "Patent". The laws are different.
why is engadget warning us about PDFs?
technerd: ok... click here and check out the lawsuit....OMG this is a PDF and not a website !!
it's because, unless you've been shrewd enough to download a light, freeware PDF reader (or Preview in OS X), link will activate the bloated turd known as Acrobat Reader
Also,
PDFs can contain viruses and hidden information that pretty much every PDF reader is vulnerable too.
PDF used to be the safest universal document format. Now you have to be more carefule.
Because it's proper to warn a user when a link is to a PDF rather than a website, or page.
Or......
You might not have OCD about getting a lite version of every app you own? And just have adobe reader.
Also, the likely hood of engadget posting a link to a virus?
who said of every app? i can't think of a more notorious bloat-prog than Acrobat
Adobe 8 isn't that bloated. 7 is filth, but 8 is just a gray window that opens PDF files. Turn off the updater and you're all set.
technerd: ((((((((combusts)))))))))))
Can I just say here, Chris, for one moment that I have a new theory about the brontosaurus? My theory, that is. Well, Chris, you may well ask me what is my theory; what is it that it is - this theory of mine. Well, this is what it is - my theory that I have, that is to say, which is mine, is mine. Oh, what is my theory? This is it. My theory that belongs to me is as follows.
The next thing I'm going to say is my theory. Ready?
My theory by A. Elk. [Miss].
This theory goes as follows and begins now.
All brontosauruses are thin at one end, much thicker in the middle and then thin again at the far end. That is my theory, it is mine, and belongs to me and I own it, and what it is too.
You forgot to patent your theory. Im going to sue you for not patenting it.
That's it, is it?
Instead of fighting the patent trolls in court, why not schedule a meeting with them in a remote location and just shoot them? Dead people can't sue you.
...but their families can. Just ask Phillip Morris.
Those people don't have families. I think they are hatched from eggs from rats or diseased F-list porn stars who didn't use protection when performing bestiality. They are soulless mongoloids.
The only problem is, you kill one and the maggots that eat their rotting corpses lay eggs that hatch 1,000 more of the bastards.
Best way must be death by firebomb.
thanks for brightening up the place as usual, michael
We need another world fair.
No, thank you, I don't want it.
who the hell is chris
Companies that do nothing with a patented item, for say 1 year, should lose the patent. That would shutdown 95% of these lawsuits an make the patent system what it was designed to do, foster innovation.
It's sad what this country has turned into.
Joel,
That is ridiculous. What if a company would like to do something with the technology, but they don't have the start up capital to do any more development? They lose their patent (and probably the only chance they had to get funding in the first place) and then their entire investment in the technology in the first place was a waste. In many industries there would be a mass exodus of small companies trying to break in.
What about a company that developed the technology, but it would cannibalize their own, more profitable, technology, so all they really want to do is prevent competitors from using the technology? That's still a valuable asset, and the company is still practicing technology in the area, just not this patented technology.
And who defines "do nothing with a patented item"? Many patents don't make it into a product for years because they aren't profitable yet, or because they aren't developed enough to be ready for consumers (pharmaceuticals in particular come to mine). Your "proposal" would slowly kill off these industries. Why in the world would I spend the money to research new developments when I can just look for year-old patents that aren't found in any current products made by the patentee?
I understand your anger at patent trolls, but destroying the patent system is not the answer. The patent trolls days are numbered anyway, several developments in the law have made it much less profitable for trolls, and there are several proposed changes in Congress that will hurt them even more.
LMAO @ "detecting the difference between silence and voices"
Are they serious??? a patent on something as basic as hearing?
I bet someone has at least tried to patent breathing, the US patent system is so broken right now it just might give someone a patent for breathing