Tsera thinks it owns the touchpad, sues pretty much everyone to prove it

Do you have any idea where you head when you'd like to sue everyone on the face of the planet, make yourself look like a Class-A fool and get a mention right here? The Eastern District of Texas (Tyler) District court, that's where. The freshest meshuggeneh to head on down there and start trouble is Tsera, who's claiming that Apple, Microsoft, LG, Philips, Bang & Olufsen, iriver, Coby, Cowon and even Meizu are violating a patent that it owns. Said patent is titled "Methods and apparatus for controlling a portable electronic device using a touchpad," and evidently each of the aforesaid outfits have failed to pay Tsera for using its technology. Before you get all bent out of shape, you should realize that this case -- in all likelihood -- will simply be tossed out or settled away from the courtroom, but you can bet your bottom dollar that Tsera's never gonna be satisfied. Or taken seriously.

[Via The Register]

[Cyantre @ Jul 19th 2009 10:26AM]

The defendants list looks more like the guest list to the CES.

[robpetrin @ Jul 19th 2009 11:58AM]

I wonder if it includes Barney from How I Met Your Mother... because it looks like suit is up in that picture.

SUIT UP!

[scutr @ Jul 19th 2009 10:26AM]

Nobody even cares enough to say "first!"

[blueangel00100 @ Jul 19th 2009 10:28AM]

Except for jerks like you

[scutr @ Jul 19th 2009 10:32AM]

I'm a jerk? Prove it or it isn't true.

[IvanP91 @ Jul 19th 2009 10:38AM]

You are a jerk, just for asking for somone to prove something like that. Jerk.

[scutr @ Jul 19th 2009 12:53PM]

When people make unfair assertions, is it too much to ask that they back them up? Oh wait, this is engadget.

[xValentine @ Jul 19th 2009 1:01PM]

Why even bother asking ?

[jon @ Jul 19th 2009 2:23PM]

"Nobody even cares enough to say "first!""
"Prove it or it isn't true"
"Oh wait, this is engadget"

Ergo, jerk.

[JerseyBricklayer @ Jul 19th 2009 10:31PM]

correction.... douche bag

[SOOPERGOOMAN @ Jul 19th 2009 10:28AM]

Yeah well I INVENTED YOUTUBE four years before those guys did. Should I file a suit against them? Um No.

[gmspitalio @ Jul 19th 2009 1:51PM]

I would!

[Joe @ Jul 19th 2009 1:44PM]

Even if you had filed a patent, under current patent law and rulings, you couldn't. However, had you invented a process which YouTube used that you had patented and didn't sue, you would be a fool and a jackass.

[freakdiablo @ Jul 19th 2009 11:01AM]

Why do these companies always wait years and then start to sue everyone in sight? Isn't the point of a patent to point out you own it as soon as you notice someone else using it? Those companies haven't exactly just started using touch pads.

[Pontro! @ Jul 19th 2009 10:31AM]

What if Tsera won?
Apple, Microsoft, LG, Philips, Bang & Olufsen, iriver, Coby, Cowon and even Meizu have to pay?

[Sarig @ Jul 19th 2009 10:56AM]

More likely, an appeal, and should that fail; a restructuring of the patent system.

[brr404 @ Jul 19th 2009 11:29AM]

say they did win, Im guessing they'll have to pay a certain amount based on how many of the units they sold >.<
apple would be very screwed

[Jakob @ Jul 19th 2009 1:01PM]

Pontrol, I know you just copied that line, but 'and even Meizu' made me crack :D (I'm low today, but so is Tsera)

[JohnWesleyHarding @ Jul 19th 2009 3:46PM]

After looking at the patent (#6639584) I do not think Apple would be all that "screwed". Since the same motion was used for Apple's original click wheel (iPod gen. 1), I believe that at least Apple can claim obvious invention and most likely prior art. I however am not a lawyer (nor have any experience in the field), so this is just pure speculation.

[thorn2200 @ Jul 19th 2009 10:32AM]

"Methods and apparatus for controlling a portable electronic device using a touchpad,"
Does that include every laptop made since 1995?

[Pontro! @ Jul 19th 2009 10:40AM]

"WTF??" said Synaptics.

[FAP FAP FAP @ Jul 19th 2009 10:32AM]

MONSTER CABLE SUCKS.
SO DOES TSERA (what?)

[Napsterking @ Jul 19th 2009 8:43PM]

I bet you like to fap while they are sucking!

[thorn2200 @ Jul 19th 2009 10:36AM]

There are also a few losers who want more than 32gb for less then $300.

[billy @ Jul 19th 2009 10:43AM]

Um tsera spelt backwards = arest. Is this a joke?

[cloud858rk @ Jul 19th 2009 11:01AM]

Except arrest is spelled with two r's.

[gib @ Jul 19th 2009 12:15PM]

... no, it is supposed to be like "A REST", as in "Give it a rest, tsera. You'll never get a dime from these companies."

[KirbyMeister @ Jul 19th 2009 10:39AM]

freakdiablo: because really they experience no economic harm from apple using their patent (since patents are bogus); they just have the patent so they can wait until it's used by everyone and then charge monopoly rents

[rv @ Jul 19th 2009 10:53AM]

"patents are bogus"
Yeah, one of the main things that drives innovation is bogus. Think about it this way. If everyone could steal your ideas, why even bother putting them out?

[SOOPERGOOMAN @ Jul 19th 2009 11:24AM]

after 3 years anyone can "USE/Borrow" your patent, so yes they are bogus.... read the patent laws to understand my comment, laymen.

[Joe @ Jul 19th 2009 1:42PM]

You need to take a refresher course on Patent law since you obvious have no clue. The patent system is there for a reason and the fundamental idea is sound and proven. Interestingly, studies of patent pools have found that they actually damper competition and development, not encourage it.

The problem is that that several years ago, the courts allowed patents to stand that were based on ideas, not on actual inventions. Add to that largely unqualified patent inspectors and a mess was created. About two years ago, the courts finally ruled that a patent had to have a distinct physical application. This is shaking up the patent world, though it will take time for the full effects to be seen.

This patent, however, does not fall into that category. It is a valid patent for a valid invention. The only question is whether it is non-obvious and/or whether prior art exists.

[lordmorgul @ Jul 19th 2009 4:24PM]

@rv, patents have stifled innovation for longer than you have lived... not the other way around. Have you never heard of the 'patent portfolio' approach to protecting market viability of a product? Patents are not used for protection and recovery of the cost of innovation in today's environment. That is one of the primary reasons we no longer have significant R&D groups within the majority of commercial companies, and instead have a major portion of that R&D being done by universities with company support... so the overall cost of developing the technology is not shouldered by a single company (hint: demise of Bell Labs).

[Agent .25i @ Jul 19th 2009 10:41AM]

"make yourself look like a Class-A fool"
Yea, but when Apple sues someone, you all celebrate it. Hypocrites.

[Alex Wilks @ Jul 19th 2009 10:46AM]

Really? When?

[Agent .25i @ Jul 19th 2009 10:57AM]

@Alex.
...
Don't be a douche.

[Matt @ Jul 19th 2009 12:32PM]

"Don't be a douche"
How's he being a douche? You said we all celebrate, I'd like some proof myself.

[3Djesus @ Jul 19th 2009 10:35PM]

Maybe he's talking about something similar to this.
http://www.engadget.com/2008/07/15/apple-files-suit-against-psystar-for-copyright-infringement-mel/

[mzemina @ Jul 19th 2009 10:50AM]

The only thing is with the USA court system for the last decade (maybe longer) Tsera may have a chance!

[Gradoman @ Jul 19th 2009 10:53AM]

Very nice and vague -- always works!

[esalor @ Jul 19th 2009 11:01AM]

70's Aston Martin Lagonda had touch controls on its dash.
They were rubbish and mostly didn't work, but they were there.
...
Come to think of it,
Didn't they have touch controls at the Enterprise at the Original Series?

By that account the Roddenberry estate should sue Tsera...

This is so silly.

[Soti11 @ Jul 19th 2009 11:04AM]

Almost the exact same thing happened in the paintball industry. Smart Parts went on a lawsuit spree because the patented "an electronic trigger system for paintball markers." Pretty vague, right? They waited until most companies had some form of electronic marker and sued.
Now Smart Parts is even bigger, and all the people that said they would boycott the company for their actions isn't because they can't resist how low their prices are now.

[Joe @ Jul 19th 2009 11:08AM]

For those who are curious, the patent # is 6639584 and appears to be a legitimate patent. Specifically, the patent concerns controlling a device using a touchpad and gestures. It sites patent 525295, which I would argue is sufficiently broad to make Tsera's patent fall into the obvious invention category. There may also be other prior art rendering Tsera's patent invalid. Failing either of these, Tsera has a case.

(Note that Tsera clearly just purchased the patent, which is why a suit wasn't brought earlier. (It's also possible that the inventor wanted to sue and had Tsera buy the patent.)

Note that I'm the first in line to dismiss frivolous patents. Several years ago, I canceled a project due to threats over a highly bogus patent. However, I'm more than willing to defend valid patents and this appears to be one.

[sweet greggo @ Jul 19th 2009 11:40AM]

Is it a patent for specific technology or for just an idea? If it's just an idea it should be thrown out (not that it will).

The patent system is screwed up beyond all repair.

[Joe @ Jul 19th 2009 1:51PM]

It's a patent for a specific invention. What remains to be seen is whether there is prior art, whether this is a non-obvious invention and whether this falls in or out the rules established by the recent Bilski decision.

[mabhatter @ Jul 19th 2009 11:29PM]

a "valid" patent is meanless since Regan was president. The application date would be the most useful thing. Synaptic has had touchpad patents since the original notebook computers a dozen years ago. Even Apple's famous click wheel was some patents from other people they put together ... as a new patent... and still got sued anyway. Something like Apple's click wheel already has a half-dozen different companies claiming patents on it... that another would come out of the woodwork now is clearly frivolous.

[GingerFox @ Jul 19th 2009 11:08AM]

You cannot have a generic brand of Kleenex as Kleenex is the brand. You should of said a generic brand of tissue. Fool.


Sorry was bothering me.

[Nicholas @ Jul 19th 2009 11:17AM]

Ok... he is what I want to know, apple has been using the touch wheel since 2002.... it's now 2009.... why didn't you do this sooner?

And to you Mr. Jackson, not all of us have more money than brains. I have the first iPod Video, I don't have every song ever written but I have about 2,000 songs total. Sure an iPod touch would be nice, but I don't have that kind of money. Secondly I use my iPod as a portable Hard Drive as well. Thirdly the iPod nano isn't going to be replaced by the iPhone nano if it even exists. Not everyone wants a phone with their iPod. I surely don't and why does it take a “smartphone” three generations to figure out how to take video and send picture messages, and it can't even multi-task.

[Joe @ Jul 19th 2009 1:36PM]

How do you know the patent holder didn't try earlier and Apple told him to drop dead. Wouldn't be the first time. Apple is one of the worse offenders in this arena (far worse than Microsoft, though arguably not as bad as Intel.)

[RJMajestic @ Jul 19th 2009 5:44PM]

What smartphone company didn't take at least 3 generations to come out with a product that does everything for everyone?

[RJMajestic @ Jul 19th 2009 5:50PM]

Especially for a company that has never made a phone or anything like a phone before a few years ago, and they started from scratch without copying other designs and have one of those most popular "smartphones" in the world right now even with it's shortcomings.