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InterDigital wins appeal in never-ending Nokia patent battle
We'll leave labeling of InterDigital to the individual -- whether you prefer patent troll or non-practicing entity, the semantics don't concern us. What does concern us, however, is the IP firm's ongoing legal battle with Nokia, and its recent victory over the Finnish manufacturer in the US Court of Appeals. The ruling reverses a previous decision handed down by the ITC that found Nokia did not violate InterDigital's patents, but the trio of judges hearing the appeal disagreed. The claims in question relate to 3G radios and networks -- the same patents that the firm used to target ZTE and Huawei. It doesn't appear that there will be any immediate repercussions for Nokia, either in the form of import bans or settlement fees. The Windows Phone champion is considering its next move, which may involve appealing the appeal.
NTP reaches agreement with 13 patent defendants including Apple, Microsoft and Google
One of the original "non-manufacturing IP firms," NTP, has just signed an agreement with 13 of the companies it sued for infringing its email patents. The tech industry whales paying for licenses include Google, Microsoft and Yahoo on the software side; wireless operators Verizon, AT&T, Sprint Nextel and T-Mobile; and handset companies Apple, HTC, Motorola, Palm, LG and Samsung. If all the litigation is blurring together in your head, we remind you that NTP is one of the founding patent under-bridge dwellers who made lawyers' eyes everywhere light up with a $612 million payout from RIM back in 2006. That seemingly gave them the courage -- and bankroll, presumably -- to attack the above companies in 2010 for infringement of its eight wireless email patents, including push technology. The terms of the settlement weren't disclosed, but considering the dollars paid out by RIM, "we can imagine quite a bit," to quote Han Solo. [Image credit: Shutterstock]
Luxembourg software company suing EA, Square Enix, several others over patent infringement
What do Notch, John Riccitiello, Yoichi Wada, and Phil Larsen all have in common? A likely lacking fondness for Luxembourg-based software company Uniloc, who filed lawsuits against Notch's Mojang, Riccitiello's EA, Wada's Square Enix, and Larsen's Halfbrick recently (among others), contending that all the companies infringe on a networking patent held by Uniloc.The patent, US patent number 6,857,067, says that Uniloc has rights to a "system and method for preventing unauthorized access to electronic data," and Uniloc contends that the aforementioned corporations are infringing on that patent via Android-based games. In the case of EA, it's Bejeweled 2, and in the case of Square Enix, it's Final Fantasy III that's cited – if the game at any time communicates with a centrally owned server to legitimize its license, Uniloc contends that it violates the patent.Uniloc has a history of patent litigation over software. The company sued Microsoft in 2003, eventually winning. It has since filed suit against many, many other software manufacturers for other alleged patent violations.
Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they're playing patent footsie (updated)
The gloves just came off at Google: the company has just filed an antitrust complaint with the European Commission against Microsoft and Nokia. Its gripe accuses the two Windows Phone partners of playing dirty pool through handing 1,200 wireless-related patents to Mosaid, a Canadian firm which spends most of its time suing the industry over WiFi rather than making products. Microsoft and Nokia are allegedly hiking the prices of devices by "creating patent trolls" that bypass deals preventing them from suing directly, possibly steering a few companies towards picking Windows Phone instead of Android. Google argues that it's launching the complaint as an early defensive measure. Neither Microsoft nor Nokia has responded, although there's a degree of irony to the action: the complaints assert that Nokia is jeopardizing standards-based patents, but Google's recent acquisition Motorola has itself come under EU scrutiny for possibly abusing standards with its lawsuits against Apple and Microsoft. Either way, it's clear Google is concerned that Microsoft's Android patent licensing campaign might lose its decorum in the near future. Update: Nokia's decided to have its say, in an email to Reuters: "Though we have not yet seen the complaint, Google's suggestion that Nokia and Microsoft are colluding on intellectual property rights is wrong. Both companies have their own IPR portfolios and strategies and operate independently."
Intellectual Ventures' Nathan Myhrvold defends patent trolling, calls tech industry immature
Intellectual Ventures' CEO and founder Nathan Myhrvold, who previously spent some 14 years at Microsoft Research, took the stage here at D10, and as predicted, his interview with Walt Mossberg was quite the invigorating one. You may know the man and his company for its vicious patent trolling -- or, what appears to be patent trolling. In essence, a lot of its business comes from acquiring patent portfolios, and then licensing and / or suing companies to "enforce" them. Naturally, Nathan has a radically different perspective than most sane individuals on the matter, insisting that the system isn't necessarily broken, and that "making money from enforcing patents is no more wrong than investing in preferred stock." The talk centered predominantly around how Intellectual Ventures operates, what it does, and if its CEO feels that the "rat's nest of lawsuits" -- as Walt put it -- was getting out of control. Despite saying that his company has hundreds of people working on new inventions to help deliver medicines in Africa (in response to a question from the crowd on whether his outfit was truly helping people), he confessed that suing to enforce patents was simply another method of capitalism working. Care to take a ride on the crazy train? Head on past the break for a few choice quotes from the interview.
Huawei files EU antitrust complaint against InterDigital
Huawei has filed an EU antitrust complaint against InterDigital to end its "abuse" of the allegedly standards-essential patents it controls. The company has urged the commission to examine its demands, which are considered too hefty to come under the protection of FRAND terms. The shoe normally resides on the other foot, with InterDigital previously instigating battles with Nokia, Samsung and ZTE. This time, it looks like the Chinese giant was tired of being pushed around by what it's derisorily called a non-practicing entity -- which we've taken to be a polite euphemism. Update: InterDigital has released a statement, which we've included after the break.
Potter Voice Technologies sues Apple, Google over voice patent
The latest in a string of patent lawsuits has just been announced: a relatively unknown Colorado company named Potter Voice Technologies claims that all major smartphone vendors, including Apple, are infringing on a patent on natural-language voice control of a computer. Apple's in good company -- the other companies named in the lawsuit include Google, Microsoft, Nokia, RIM, Samsung Electronics, Sony, LG Electronics, Motorola Mobility, ZTE, Huawei Technologies, Kyocera, Sharp, and Pantech. Potter Voice Technologies is seeking damages "but in no event less than a reasonable royalty," injunctions against the companies, and attorney's fees. Potter claims that Apple, Microsoft and Sony must have known about its patent and that the three companies are guilty of willful infringement, which allows for increased damages to the plaintiff. The patent, "Method and apparatus for controlling a digital computer using oral input," was issued in 1998 and was cited in a 2004 patent filing involving SRI International, the company which developed Siri. Potter's idea was to eliminate the training that was required for other voice-control systems. The patent describes spoken words being received by a microphone, interpreted by voice recognition algorithms, and then being used to "search the contents of a tabular data structure organized in rows and columns." The defendants may have the America Invents Act on their side. The law, which went into effect last year, was designed to discourage patent trolls from going after multiple parties in one suit.
Kodak moves to block Apple's latest patent suit from proceeding in federal district court
In a move that's sure to surprise no one, Kodak is fighting Apple's latest round of patent litigation -- a suit that would force Kodak to pause plans to sell up to $2.6 billion in digital imaging patents as a condition of its bankruptcy loan. In documents filed late last week, Kodak argued the dispute should be heard by the same bankruptcy court that's already overseeing its insolvency proceedings. In fact, Kodak's bankruptcy filing back in January caused all pending litigation (from Apple and RIM, among others) to come to a screeching halt, but Apple is nonetheless pushing for a reboot, arguing it's the owner of "a number of valuable patents," including one that could be lost if that planned $2 billion sale goes through. So where might this legal catfight take place? A bankruptcy judge is expected to hear arguments from both sides on Thursday.
Nintendo says it refuses to 'succumb to patent trolls' as it wins Maryland case
Nintendo issued a fairly terse press release earlier today, announcing that it has prevailed in a US patent lawsuit for the "third consecutive time this year." That particular case concerned Nintendo's Wii Balance Board accessory and Wii Fit and Wii Fit Plus software, which a company called IA Labs said infringed on one of its patents (No. 7,121,982); a claim that was dismissed by the Maryland District Court judge in the case. IA Labs was also more or less dismissed as a company by Nintendo's senior vice president of legal and general counsel Rick Flamm, who said that "we vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent," and that "we refuse to succumb to patent trolls." The company's full statement can be found after the break.
Apple sued by patent holder Brandywine over voicemail
It's tough when you're at the top of your game, because everybody wants to shoot you down. A new lawsuit against Apple by Brandywine Communications Technologies claims that our buddies in Cupertino are infringing on two patents that vaguely describe mobile voicemail. And who is Brandywine? If your answer includes the words "patent troll," you may already be a winner. Brandywine Communications Technologies is a firm that Verizon -- in a lawsuit against the company -- called "a patent holding company that is in the business of enforcing patent rights through the filing of various lawsuits." In other words, a patent troll. The two patents that Brandywine is suing over are No. 6,236,717 and No. 5,719,922, both of which cover a "simultaneous voice/data answering machine." Not vague enough for you? Here's the description from the patent filings: "A simultaneous voice and data modem coordinates the storage of voice messages and data messages on an audio answering machine and a personal computer, respectively. This allows the called party to subsequently retrieve, via the simultaneous voice and data modem, both a voice message and an associated data message, i.e., a multimedia message, where the called party listens to the voice message while viewing the data message. The called party can retrieve the multimedia message either locally or from a remote location." Sounds just like Visual Voicemail on the iPhone, doesn't it? Along with Lodsys and NTP, Brandywine appears to be working on the assumption that it's easier to make money by filing lawsuits than by actually creating something of value. Apple has not commented on this latest lawsuit.
Watson now hunting down patent trolls, plans Ken Jennings' elaborate demise
The Watson supercomputer used its speech recognition, natural language processing, machine learning and data mining abilities to crush puny human Ken Jennings' dreams of winning at "Jeopardy!", but now Big Blue has it chasing down medical patent trolls for fun. Incorporating the Strategic IP Insight Platform, IBM has now programmed Watson to scan millions of pharmaceutical patents and biomedical journals to discover, analyze, and record any info pertaining to drug discovery. SIIP can then look for the names of chemical compounds, related diagrams, the company and scientist who invented and works with the compounds and related words to determine a patent's rightful owner. The SIIP function can also highlight which patents could be targeted for acquisition by trolls looking to control a property via a lawsuit or licensing agreement. Click past the break for a video outlining the project, along with Watson's announcement of its engagement to "Skynet".
Personal Audio strikes again, has the Kindle Fire in its patent trolling sights
'Tis the season for reflecting upon our many gifts in life and giving thanks for them. If you're Personal Audio, however, once you've thanked your lucky stars that you own a patent on musical playlists, you then file an infringement suit against Amazon. That's right folks, Personal Audio is up to its old tricks again in the Eastern District of Texas, but instead of alleging iPods are infringing its IP, the Kindle Fire is squarely in the company's sites. The patents in question are number 6,199,076 that generally claims an audio player, and number 7,509,178 which claims the aforementioned downloadable playlists. Who knows if Amazon will settle out like Apple did, but as the web retail giant will move a ton tablets (among other things) this holiday season, it should have no shortage of cash do so.
US Senate passes patent system reform bill, Obama expected to sign into law
Think it's time to change our patent system? So does Congress. Yesterday, the Senate approved the America Invents Act by an 89-8 vote that could bring about the most drastic changes to the US Patent and Trademark Office (USPTO) in five decades. Under the bill, which the House approved back in June, patents would be awarded not to the first person to invent a technology, but to the first one to actually file with the USPTO, bringing US policy in line with protocol adopted in most other countries. It also calls for a streamlined application process and would allow the USPTO to charge set fees for all apps. The revenue generated from these fees would go directly to a capped reserve fund, allowing the office to retain the lion's share of the money, rather than funneling much of it to Congress, as had become the norm. Supporters say this extra revenue will give the USPTO more power to chip away at its backlog of some 700,000 patent applications, while a new third-party challenge system will help eliminate patents that should've never received approval in the first place. Opponents, meanwhile, criticized the bill for not eliminating fee diversion altogether (an amendment that would've placed more severe restrictions was ultimately killed, for fear that it would jeopardize the bill's passage), with Washington Democratic Senator Maria Cantwell questioning the legislation's impact on small businesses, calling it "a big corporation patent giveaway that tramples on the rights of small inventors." But Senator Patrick Leahy, a Vermont Democrat who sponsored the bill, argued that yesterday's approval marks a major and historic inflection point in US patent policy: The creativity that drives our economic engine has made America the global leader in invention and innovation. The America Invents Act will ensure that inventors large and small maintain the competitive edge that has put America at the pinnacle of global innovation. This is historic legislation. It is good policy. The America Invents Act will now make its way to President Obama's desk, where it's expected to receive his signature. For more background on the legislation, check out the links below.
Judge shoots down Personal Audio's second Apple infringement case
Talk about swift justice. It's been less than a week since we reported on Personal Audio's second infringement suit against Apple, and an East Texas judge has already put an end to the litigation. In a statement regarding the company's complaint that the iPad 2, iPhone 4, and latest generation iPods infringed on the same patents put forth in its initial suit, Judge Ron Clark said the $8 million already awarded to the plaintiff should do just fine. He went on to deny the company's request for a second trial. It may not be the last we hear of Personal Audio, but it is a refreshing change of pace from the usual goings on in Eastern District courtrooms.
'This American Life' tackles patent trolls, lives to broadcast about it
The financial crisis, DIY cryogenics, the love songs of Phil Collins -- This American Life has taken on a lot in its 15-plus years on public radio. This week the Ira Glass-helmed show tackles a matter close to our hearts: the patent wars. The show has devoted the entirety of episode 441 to the seedy world of patent trolling. The TAL team focuses in on the practices of Intellectual Ventures, a name that should ring some bells and rattle some bank accounts around these parts. Check out the link to episode below -- and why not subscribe to the podcast while you're there? You can thank us later. [Thanks, Brandon]
Lodsys adds Rovio, Atari, EA and others to patent suit, makes birds even angrier
If you thought Lodsys was done making a spectacle of itself and dragging app developers to court, you were sorely mistaken. The king of the patent trolls has amended its original complaint against mobile devs, removing one company, but adding five new ones -- all of them big names. Rovio, Electronic Arts, Square Enix, Atari, and Take-Two Interactive have been added to the list of defendants in the suit filed back in May. Vietnamese company Wulven Games has been dropped from the complaint, but Lodsys has more than made up for it by directly targeting possibly the largest mobile title out there -- Angry Birds. You can find the completely amended filing at the source link and, if you're in the mood for a bit of a refresher, check out the more coverage link.
Apple coughing up $8 million to Personal Audio in iPod playlist settlement
Ah, the Eastern District of Texas. Home to tumbleweeds, free range cattle and boatloads of patent trolls. Personal Audio, a patent licensing company with a highfalutin' facility in Beaumont, Texas has become the latest outfit to claim victory over a major CE company, with Apple being asked to hand over $8 million to settle a tiff involving iPod playlists. Bloomberg reports that a federal jury in the Lonestar state found that Cupertino's iPod players infringed on patents for "downloadable playlists," right around two years after Personal Audio initially filed the claim for a staggering $84 million. We're told that the inventions cover "an audio player that can receive navigable playlists and can skip forward or backward through the downloaded list," and while Apple unsurprisingly stated that it wasn't actually using those very inventions, that hasn't stopped the courts from disagreeing just a wee bit. Now, the real question: are Sirius XM, Coby and Archos -- also named in the original suit -- going to be facing similar circumstances?
Microsoft turns to crowdsourcing service to swat away patent trolls
We've seen the havoc that patent trolls can wreak on tech companies and Microsoft clearly wants no part of it. That's why Ballmer & Co. have joined forces with Article One Partners -- a New York-based research firm that crowdsources scientific expertise to figure out whether or not patented ideas or inventions are as innovative as they claim, based on prior art. By subscribing to Article One's new Litigation Avoidance service, Redmond hopes "to reduce risk and reduce potential litigation cost" brought by nonpracticing entities (NPEs) -- companies that collect thousands of patents, in the hopes that one may lay a golden egg. No word on how much the service will actually cost, but we're guessing it'll be worth at least a few legal headaches. Full presser after the break. [Image courtesy of Robert MacNeill]
Wi-LAN reaches settlement with Intel over patent dispute, set to receive a 'significant amount'
It's hard to know how to feel about this one, whether it's a case of a patent troll getting a delicious kickback or the little guy slaying the evil, giant, patent-infringing corporation. Whichever interpretation you choose, know that Wi-LAN has apparently been victorious in its long-running dispute with Intel, not actually winning but, according to Chief Executive Jim Skippen, receiving a "significant" settlement due to apparent infringements of the company's various wireless-related patents. There are apparently 16 other defenders left since Wi-LAN sued the world, but Intel throwing up its hands is not a good sign for the others. Or, maybe Intel just decided its legal fees are too high and is settling everything it can.
Rovi sues Amazon and IMDb for infringing TV guide patents
Rovi sounds friendly enough, but the company used to be called Macrovision -- and the infamous DRM provider just sued Amazon's IMDb.com last week for infringement of five TV guide patents. The patents came along with Rovi's acquisition of Gemstar, and they cover everything from interactive program guides to purchasing products on-demand to scheduling recordings from a computer -- a huge range that seems to hit everything from QVC to the Xfinity TV iPad app. That probably explains why Rovi says it has deals with everyone from Apple to Yahoo -- between its TV listings products, recent purchase of a sizable video library, and the current litigation with IMDb, it appears that the company is serious about leaving its DRM-centric roots behind and moving into internet content distribution.
