Apple, RIM, Palm sued over vague GSM patents

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]

[egloskerry @ Aug 6th 2008 3:08PM]

I think people just form companies to sue big companies on patents.

[Shane @ Aug 6th 2008 3:15PM]

Really? You think?

[phanbouy @ Aug 6th 2008 3:28PM]

what i wanna know is, where are these sham firms getting the venture capital for the money needed for these size lawsuits?

[Mikey @ Aug 6th 2008 3:32PM]

phanboy... it's called contingency fees. They probably hire lawyers who won't require a fee unless they win or (their real goal) settle.

[anonymouspimp @ Aug 6th 2008 3:55PM]

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.

[CraigJ @ Aug 6th 2008 4:42PM]

At Mikey: They ARE lawyers.

[curtisrutland @ Aug 6th 2008 5:24PM]

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.

[Daniel @ Aug 6th 2008 7:20PM]

The US patent system is pretty effed up

[ishism @ Aug 7th 2008 2:07AM]

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.

[Mikey @ Aug 7th 2008 11:40AM]

@ 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.

[imacmatt09 @ Aug 6th 2008 3:08PM]

You just wanted to be low ranked didn't you?

[CAHLITO @ Aug 6th 2008 3:08PM]

GTFOH!
this is a tech blog...

[waiownsyou @ Aug 6th 2008 3:08PM]

Welcome to America.

If you can't beat 'em, sue 'em.

[phanbouy @ Aug 6th 2008 3:11PM]

you misspelled your name: "WiAVownsyou"

[From My Cube @ Aug 6th 2008 3:09PM]

General Slowness Mechanism









LOLZ!

[Jason @ Aug 6th 2008 3:11PM]

If I was president I'd pass a law specifically against this company. :)

[Tony @ Aug 6th 2008 3:23PM]

So you would waste the tax payer's money for that?

I'd spend it on a new car—with lasers.

[ynx @ Aug 6th 2008 8:07PM]

you were elected to lead, not to read.

[slumcat @ Aug 7th 2008 1:20AM]

The President doesn't make laws. You could ask Congress to pass a law for you, though, but you'd better ask nicely.

[ishism @ Aug 7th 2008 4:34AM]

With executive powers, the Prez makes any law he wants, while pointing a finger at congress and laughing evilly.

[DSeaver @ Aug 6th 2008 3:11PM]

I am going to patent the Patent Troll system then sue every patent troll

[phanbouy fan fan @ Aug 6th 2008 3:12PM]

dude, that's meta

[phanbouy @ Aug 6th 2008 3:14PM]

@"Chris"

no, i'd rather discuss it here. thanks. have you gotten your 6th member yet, spammer?

[imacmatt09 @ Aug 6th 2008 3:19PM]

How am I trolling? Your the troll.

[Snitch @ Aug 6th 2008 3:20PM]

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

[bob sakamano @ Aug 6th 2008 3:24PM]

were you born before apple was formed

[Tony @ Aug 6th 2008 3:28PM]

What if he was?
Would it really make a difference?

[IndiaTech @ Aug 6th 2008 4:47PM]

No you can't. Apple is a "Trademark" and Not a "Patent". The laws are different.

[bob sakamano @ Aug 6th 2008 3:24PM]

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 !!

[phanbouy @ Aug 6th 2008 3:26PM]

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

[kjb434 @ Aug 6th 2008 3:42PM]

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.

[Obvious @ Aug 6th 2008 3:57PM]

Because it's proper to warn a user when a link is to a PDF rather than a website, or page.

[Skyride @ Aug 6th 2008 3:57PM]

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?

[phanbouy @ Aug 6th 2008 4:19PM]

who said of every app? i can't think of a more notorious bloat-prog than Acrobat

[Pochi @ Aug 6th 2008 5:20PM]

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.

[bob sakamano @ Aug 6th 2008 3:25PM]

technerd: ((((((((combusts)))))))))))

[Austin @ Aug 6th 2008 3:39PM]

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.

[Skyride @ Aug 6th 2008 3:59PM]

You forgot to patent your theory. Im going to sue you for not patenting it.

[CraigJ @ Aug 6th 2008 4:51PM]

That's it, is it?

[MadMike @ Aug 6th 2008 3:43PM]

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.

[IndiaTech @ Aug 6th 2008 4:51PM]

...but their families can. Just ask Phillip Morris.

[MadMike @ Aug 6th 2008 5:53PM]

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.

[phanbouy @ Aug 6th 2008 6:59PM]

thanks for brightening up the place as usual, michael

[Jen @ Aug 6th 2008 3:48PM]

We need another world fair.

[Towncivilian @ Aug 6th 2008 3:49PM]

No, thank you, I don't want it.

[konshuss @ Aug 6th 2008 4:09PM]

who the hell is chris

[Joel Strellner @ Aug 6th 2008 4:14PM]

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.

[Mikey @ Aug 7th 2008 11:53AM]

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.

[Seanross @ Aug 6th 2008 4:15PM]

LMAO @ "detecting the difference between silence and voices"


Are they serious??? a patent on something as basic as hearing?

[z0phi3l @ Aug 6th 2008 5:16PM]

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