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Patents Government The Courts Wireless Networking Hardware News

22 Companies Sued Over Wi-Fi Patents 219

Newer Guy writes "Wi-LAN, another patent holding company, has sued 22 companies that make or sell wireless routers. Defendants include Apple. Atheros, Belkin, Best Buy, Buffalo, Dell, HP, Intel, and Lenovo. Wi-LAN has a portfolio of more than 280 issued or pending patents." Of course the two patent suits were filed in Marshall, Texas.
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22 Companies Sued Over Wi-Fi Patents

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  • Cisco (CSCO ticker) was not mentioned at all...
  • And again (Score:3, Insightful)

    by Opportunist ( 166417 ) on Thursday November 01, 2007 @12:39PM (#21198425)
    Those who can, do.
    Those who can't, sue.
    • Re:And again (Score:5, Interesting)

      by griffjon ( 14945 ) <GriffJon&gmail,com> on Thursday November 01, 2007 @12:49PM (#21198579) Homepage Journal
      That seems like a poor choice of defendants. Correct me if I'm wrong, but don't you first want to bully a small fry without deep pockets and get a judgment supporting your claim, *then* go after the big companies with lawyers on retainers and deep deep pockets?
      • Re: (Score:3, Interesting)

        by Rudisaurus ( 675580 )
        Patent trolls work that way, yes.

        Wi-LAN is a real company with technologies and hardware that they've been working on for the better part of 20 years. They were some of the originals in wireless networking, doing real research, and D-Link seems to genuinely have infringed on their patents.
        • Re: (Score:3, Informative)

          by Denis Lemire ( 27713 )
          Wi-LAN WAS a real company. I've used some of their backhauls in the past, they were great.

          They failed to maintain a significant market share and are now a gutted litigation machine with no products to speak of.

          They are in the same category as SCO, once a significant player, now a miserable failure of an organization that is resorting to patent trash to try and make a buck.
      • Re:And again (Score:4, Insightful)

        by Lawmeister ( 201552 ) on Thursday November 01, 2007 @04:58PM (#21202485) Homepage
        Or, if you are very confident in your patents and ability to successfully sue, go after the market leader so that when you win, the rest of the market will fall into line without much sabre rattling.

        Cisco's payment and licencing sends a very strong message to those faced with this new series of suits.
  • Who's missing? (Score:4, Interesting)

    by 644bd346996 ( 1012333 ) on Thursday November 01, 2007 @12:41PM (#21198447)
    Another story more notable for what's missing than for what's included.

    Cisco (who also owns Linksys) is missing from the list of companies, despite being one of the biggest players in the wi-fi market. If they have already licensed the patents in question, that is a very important detail that should be explored.

    On the other hand, if Cisco has also been ignoring those patents, and the patent troll in question is not attacking Cisco, there is probably a very interesting reason.
    • by jrumney ( 197329 )
      Patent trolls need to buy their patents off somebody.
      • Re:Who's missing? (Score:4, Interesting)

        by jrumney ( 197329 ) on Thursday November 01, 2007 @12:56PM (#21198713)
        Actually, these guys seem to have genuinely invented the work they hold the patents for, though they were working for the University of Calgary at the time - does the University allow its employees to hold the IP for inventions made in the course of their University funded research through private holding companies? If I was a Canadian taxpayer, I'm not sure I'd be happy about that.
        • Re:Who's missing? (Score:4, Informative)

          by king-manic ( 409855 ) on Thursday November 01, 2007 @01:14PM (#21199035)

          Actually, these guys seem to have genuinely invented the work they hold the patents for, though they were working for the University of Calgary at the time - does the University allow its employees to hold the IP for inventions made in the course of their University funded research through private holding companies? If I was a Canadian taxpayer, I'm not sure I'd be happy about that.
          Universities normally have some sort of arcane policy about it. You invent X with grant money university skims Y and Z goes back to the inventors. It's fairly standard. Your tax dollars may fund it, but it's the inventors blood; sweat; tears; time; effort; intellect; experience; grad students; and ingenuity that makes it work. The university does get a cut. There have been times where the policy has screwed people out of great deals of money (University of Alberta: DNA sequencer) by botching the deals and only grabbing a small piece of an immense pie due to bureaucratic wrangling.
          • Re: (Score:3, Insightful)

            by bit01 ( 644603 )

            ... but it's the inventors blood; sweat; tears; time; effort; intellect; experience; grad students; and ingenuity that makes it work.

            How melodramatic. That's their job, that's what they're paid for.

            Universities, and individual academics, who double dip and come up with bullshit excuses about why they should be able to retain the benefits of taxpayer funded work should be given a swift boot up the backside.

            You want to keep the work? YOU PAY FOR IT.

            ---

            The name "Copy Right" is incorrect. It's real

            • Re: (Score:3, Insightful)

              by king-manic ( 409855 )

              How melodramatic. That's their job, that's what they're paid for.

              Universities, and individual academics, who double dip and come up with bullshit excuses about why they should be able to retain the benefits of taxpayer funded work should be given a swift boot up the backside.

              You want to keep the work? YOU PAY FOR IT.

              Maybe, you really have to examine their contracts. If it does not outline provisions for assigning any byproducts of their work to the government then in fact it's not part of their job. Grants fund these academic researchers and different grants come with different strings. This might be private or public funding. There is no guarantee it's your tax dollars. A part of his salary is likely tax dollars but that is for "teaching" services. Grants come with their own strings but if you wish you can push for p

        • Re: (Score:3, Interesting)

          This was the IP policy at my university:

          Staff: Own nothing.

          Students (undergrad and grad): Own everything except a) commissioned works and b) works made while receiving pay from the university or another entity.

          Faculty: Own everything except a) commissioned works and b) explicitly funded works, in which they retain some degree of ownership. I'm sure they have various other ways to turn the work of professors into money, such as publication agreements and lectures, but by and large professors receive ma

        • Re:Who's missing? (Score:5, Interesting)

          by Rudisaurus ( 675580 ) on Thursday November 01, 2007 @01:54PM (#21199639)
          I can confirm the PP -- I was around when Wi-LAN floated their IPO in the mid-90's. A fairly prescient friend of mine urged me and my co-workers to invest in the company because they had both patented and demonstrated their technology by that point and the IEEE was evaluating their protocol for use as a standard. I didn't invest in the IPO, although a few of my colleagues did, so I missed out on the 40-times share price increase as Wi-LAN rode the dot-com bubble to an absolutely dizzying height before collapsing back to their original value along with everyone else when the bubble burst.

          The University of Calgary has a wholly-owned company called University Technologies International (UTI) which exists to assist academics in obtaining patents, licensing new technologies, and attracting the attention of investors for seed money for start-ups -- something I would imagine pretty much any university does, these days.
        • Actually, these guys seem to have genuinely invented the work they hold the patents for, though they were working for the University of Calgary at the time

          And if by invented you mean scribbled out a few algorithms, tested them on a simulator and published a paper or two on it, then yes, they did invent the techniques.

          However, if by invented you mean designed and built prototypes, tested them in the real world, integrated them into existing products and finally brought them to market, then no, they did not i

    • by Pecisk ( 688001 )
      Very simple. Cisco would actally fight back. This suit is complete fishing expedition, just get bigger war chest to go after Cisco, Intel and guys.
    • Re:Who's missing? (Score:5, Insightful)

      by 644bd346996 ( 1012333 ) on Thursday November 01, 2007 @12:48PM (#21198553)
      I see that another poster has pointed out that they sued Cisco 3 years ago. So, why don't Reuters and the other wire services ever dig up those details on their own? Shouldn't they try to answer some of the obvious questions, rather than just post a notice that the lawsuit exists?

      I wish we had journalists instead of just reporters.
      • Re:Who's missing? (Score:4, Insightful)

        by Knara ( 9377 ) on Thursday November 01, 2007 @12:52PM (#21198635)

        Because articles written by journalists are complex and potentially difficult to read! That could alienate a sizable part of your potential audience!

        Besides, its much easier to produce "to catch a predator" over and over again, then pass it off as journalism, than it is to convince people that real news stories can't be contained in simple, bite-sized nuggets.

        • Re:Who's missing? (Score:4, Interesting)

          by BenVis ( 795521 ) on Thursday November 01, 2007 @01:22PM (#21199203)

          articles written by journalists are complex and potentially difficult to read!
          Seriously. Pick up a copy of the New Yorker magazine. Maybe you don't like their slant, or you think people from New York are snooty. Whatever. Grab a copy and read one of the full-length articles. Well, make sure you've got a good hour, those things are long. After regularly reading those for a few years, your typical AP article feels like a summary of what a journalist would write, minus most of the due diligence.
    • Re: (Score:3, Informative)

      by __NR_kill ( 1018116 )
      Cisco isn't spared either: http://www.theregister.co.uk/2004/06/24/cisco_wifi_lawsuit/ [theregister.co.uk]
    • by yorugua ( 697900 )
      Even if Cisco/Linksys are missing from the list, Broadcom is not, and a lot of Linksys routers (earlier WRT54G's, WRT54GL's, WRT350's) are based on broadcom chipsets.

    • Wi-LAN is a bona-fide patent troll. From the front page of their website, all emphasis added:

      Wi-LAN (TSX: WIN) is a leading technology licensing company. Our strong and growing patent portfolio applies to a full range of products in the communications and consumer electronics markets. Our experienced management team is implementing a two-pronged strategy: to sign licenses with every company who uses our patented technology and to acquire new, valuable patents to further strengthen our portfolio.

      I hope they

  • Good! (Score:5, Insightful)

    by Reality Master 201 ( 578873 ) on Thursday November 01, 2007 @12:43PM (#21198473) Journal
    Maybe if enough scumbag IP holding companies extort enough money out of big corporations, those corporations will lobby congress to get the patent laws changed.

    Cause it sure looks like neither the best interests of the country and its citizens, nor general sanity are enough to get them to do anything. Here's hoping there's enough pressure from this to get some corruption going in our favor.

    And, yes, I know that's naive.
    • Re: (Score:3, Interesting)

      Geez... you're asking for our Congresscritters and others to do the jobs they were elected to do. That would take time away from their ability to acquire money from lobbyists, special interest groups, corporations, and other well-to-do donors.

      Next thing you know, you're actually going to ask for them to read the legislation before they're allowed to debate it, let alone vote on it.

      I think you'll have an easier time trying to get an independent or third party candidate elected.

      But in regards to what you

    • Re:Good! (Score:5, Insightful)

      by kebes ( 861706 ) on Thursday November 01, 2007 @12:52PM (#21198643) Journal

      Maybe if enough scumbag IP holding companies extort enough money out of big corporations, those corporations will lobby congress to get the patent laws changed.
      Only if those big corporations are losing more money to patent trolls than they are gaining through their own patent litigation (or via the market exclusion that their patents afford them). The problem is that the big companies generally benefit from the current patent system overall, even if sometimes they have to pay some small troll.

      Consider the Vonage situation. This company is being sued by all the large incumbents. The established companies have a stake in keeping patents strong, since they are able to use this legal system to shut down competition. Having to occasionally pay some other company for a patent they neglected to get first is just "the cost of doing business."

      I, too, wish that companies would lobby for a sane patent system. But, the problem is that even if big companies lose some money to frivolous patents, they are still sufficiently in control of the system that they win even more money from their own frivolous patents. Waiting for big business to save us from this mess is a mistake.
      • Re: (Score:2, Funny)

        by slyn ( 1111419 )

        Only if those big corporations are losing more money to patent trolls than they are gaining through their own patent litigation (or via the market exclusion that their patents afford them). The problem is that the big companies generally benefit from the current patent system overall, even if sometimes they have to pay some small troll.

        Reminds me of:

        Edward Norton: A new car built by my company leaves somewhere traveling at 60 mph. The rear differential locks up. The car crashes and burns with everyone trap

    • by nuzak ( 959558 )
      > Maybe if enough scumbag IP holding companies extort enough money out of big corporations, those corporations will lobby congress to get the patent laws changed.

      No, they'll just become scumbag IP holding companies themselves. And lobby congress to get the patent laws changed. To favor them.
    • Maybe if enough scumbag IP holding companies extort enough money out of big corporations, those corporations will lobby congress to get the patent laws changed.

      Sounds plausible, til you think it through.

      A megacorp pushing through legislation to eliminate patent troll lawsuits would possibly also step on said megacorp's ability to sue its competitors down to the point where they can be snapped up dirt cheap, looted, & the remains dumped into the sewer. I don't see any megacorp pushing for that becaus

    • No, these self-interested behemoths want the patent system changed to an even more corrupt "first to file" system, which would screw the little guy and eliminate the last defense of OSS and small-time developers known as "prior art".

      Under such a system any large software house would be able to simply gather up the related breakthroughs small time and freeware developers created, patent them, then sue them out of existence.

      No, what is needed is a more conservative reformation which does not involve input fro
      • by m2943 ( 1140797 )
        No, these self-interested behemoths want the patent system changed to an even more corrupt "first to file" system, which would screw the little guy and eliminate the last defense of OSS and small-time developers known as "prior art".

        First-to-invent would let big companies sit on their inventions until someone else bother to file. And companies are far better at establishing invention dates than small inventors.

        eliminate the last defense of OSS and small-time developers known as "prior art".

        OSS developers d
      • by dgatwood ( 11270 )

        What I want most is a reduction in patent term. It should be proportional to the speed that a particular industry moves, and should be reevaluated every five years on a per-industry basis by the USPTO. For miscellaneous inventions, 18 years is fine. For nascent fields like biotech and rapidly evolving fields like computer science, it should be more on the order of three years. The reason is that in computers, by the time something is more than about three years old, it is largely irrelevant, with except

        • by nuzak ( 959558 )
          It should also have a clause that says that from the time it is patented, it must be refreshed annually with proof of substantial progress towards making the invention publicly available.

          So basically, a lot like a grant. I'm not really sure that's a complete win, though it should certainly be an affirmative defense in litigation if it can be shown that there was no intention to bring it to market. Thing is, these guys actually could be shown to have been working on bringing their technology to market, but
  • The filings claim that the companies infringe Wi-LAN patents -- related to Wi-Fi and power consumption in DSL products -- by making or selling such products as wireless routers, modems and personal notebook computers.


    I'm hesitant to ask if this vaguery was something the article introduced (due to lack of info) or if this is another case of "we won't tell you what you're infringing, but trust us that you are".
  • by Lumpy ( 12016 ) on Thursday November 01, 2007 @12:45PM (#21198499) Homepage
    Patents.... Legalized Extortion for the 21's century.

    How much more of this do we haveto have before everyone in big business realizes that it's all a bad idea?
    • Re: (Score:3, Interesting)

      by Skrynesaver ( 994435 )
      The really sad thing is that they once actually researched and developed stuff now their just a patent troll
      At the risk of sounding repetitive the US really needs to sort out this patent-licensing as a business model thing. The license holders have nothing to add to the marketplace and so their not interested in cross licenses. They just want the money now, which stifles invention and progress. I took a look at their site and their mission statement makes interesting reading

      Our mission is to sign licens

      • by AHumbleOpinion ( 546848 ) on Thursday November 01, 2007 @01:39PM (#21199431) Homepage
        The license holders have nothing to add to the marketplace and so their not interested in cross licenses. They just want the money now, which stifles invention and progress.

        There is nothing inherently wrong with license holders. They provide one valid method for an investor to cash out on the invention. The fact that the system is currently abused does not mean we should throw it out. Should we get rid of email because there is spam? A firm that specializes in license holding for a particular technology or industry can be a useful "marketplace" for companies seeking to license innovations. Here is one example of a good license holder, the University of California. The University holds numerous patents with no intention to do anything more than license the invention. The licensing fees vary depending on the organization, small local firms are treated more favorably than international conglomerates, firms that employ or support faculty or students are treated more favorably, venture capitalists find the University's published list of available licenses a good source of ideas for new firms. University representatives that I have spoken with have mentioned that they know numerous serial entrepreneurs who come to them to find an interesting patent, develop a company, sell it, and return to repeat the cycle. Also, IIRC, the University gets 50% of the licensing fees, the faculty/student inventor gets around 30%, and his/her department gets the remainder.
    • Big business will realize it's a bad idea when their own ox gets gored, and the patent trolls are doing just that. The tech patent situation used to be a truce where all the big tech companies had lots of patents and you couldn't just sue a competitor because they could counter-sue for a patent you were infringing. It also works nicely for keeping out new competitors.

      Patent trolls throw a wrench in this system because they don't build or sell anything. You can't counter-sue. I'll give it a few years before
    • Patents.... Legalized Extortion for the 21's century. How much more of this do we haveto have before everyone in big business realizes that it's all a bad idea?

      Patents are probably more important to small business than to big business. Without patents an inventor or small company has no protection from imitators. Without patents a small company can come up with the next great thing and a multinational conglomerate can merely copy it, manufacture at a cheaper price due to economies of scale, reach a lar
  • Actually (Score:4, Informative)

    by Anonymous Coward on Thursday November 01, 2007 @12:45PM (#21198505)
    Wi-LAN was an early innovator in the field of wireless stuff. They weren't formed as a patent holding company. Unfortunately, they couldn't compete in the post 802.11 market, and slowly withered away. They were part of the team that developed the WiMAX standard, and did a lot of pioneering work with OFDM. A year or so ago, they finally gave up and sold the various pieces of the company off to various other companies... *cough* fujitsu *cough*. Blame them.
  • by mcrbids ( 148650 ) on Thursday November 01, 2007 @12:46PM (#21198527) Journal
    The basic idea behind a patent is to allow the patent holder "shelter time" to develop, market, sell, and profit from their new inventions.

    How can a company claim damages if they haven't done the above? Patents are what they are, but it strikes me as just silly - you might be in violation of the patent, but how can you, as the patent holder, claim damages without any proof that loss has occurred?
    • Re: (Score:3, Insightful)

      by Anonymous Coward

      The basic idea behind a patent is to allow the patent holder "shelter time" to develop, market, sell, and profit from their new inventions.

      The problem, of course, is that the current patent system doesn't make clear that the intention of granting a patent is to allow the technology to be developed.

      Nowadays, getting a patent solely to prevent your competition from developing it is considered a valid reason (even though it is the exact opposite of what was intended with the system). In fact, companies get patents for all kinds of reasons (to stifle competition, as part of a defensive war chest, to cover every contingency for future products,

    • by Soko ( 17987 )
      WiLAN did make actual gear - very expensive IIRC - but the company's board decided being a patent troll was more profitable. [www.cbc.ca]

      The "damages" aspect likely comes from being squeezed out of the high end market or something.

      WiLAN wasn't born a patent troll, but has definitely become one.

      Soko
    • The basic idea behind a patent is to allow the patent holder "shelter time" to develop, market, sell, and profit from their new inventions.

      It is an error to think that the patent owner has to build something. When the patent system was established it was understood that some farmer or garage mechanic may make the big intellectual break through and not have the money to manufacture the gizmo. The "shelter time" was not only to develop, market, sell, and profit. It was also intended to allow investors to
      • That is the problem here, that it is questionable if these inventions were not independently developed. If you and someone else at exactly the same time came up with the same idea, the law grants the patent to the first to file. Now, the other person who came up with the idea would need to show that he/she also came up with the idea and that the idea was not developed on it's own.

        This is the basis behind some of the so-called protections in patent law, including prior art, and the idea that if something
    • The basic idea behind a patent is to allow the patent holder "shelter time" to develop, market, sell, and profit from their new inventions.

      If the patent holding company is late to the market, the product they could make will be severly nutered as the standard moves on and teh upgrades are patented by others. They may claim Wi-Fi Patents, but trying to use it to get into WiMax could be problematic as much of the progress is done by others.
      "Having developed the WiMax standard, Intel seems to have stolen a ma
  • Why now? (Score:5, Interesting)

    by popo ( 107611 ) on Thursday November 01, 2007 @12:49PM (#21198571) Homepage
    If I were the judge I would throw this case out.

    The onus of protecting rights should be on the holder of the rights.

    The strategy of patent holders must not be to "lay dormant" allowing numerous companies to infringe for a decade, and then when the market reaches critical mass, appear from the shadows with lawsuits.

    We've all seen this happen before of course, but in other areas of intellectual property, (Trademarks for example) it is the responsibility to prevent the mark from becoming 'commonly used'. Once it does, a trademark holder can lose the rights to the mark. There are many famous examples of this.

    • Absolutely correct. There's some obscure latin phrase that describes that but I was unable to search it out. Basically it translates to something along the lines of "sleeping on one's rights." Can somebody clarify the term for me? Anyways, the sum of it is that it is blatantly illegal to have IP rights and make no moves to leverage them in a reasonable amount of time.
      • by kebes ( 861706 )

        There's some obscure latin phrase that describes that but I was unable to search it out.

        You're thinking of "Laches [wikipedia.org]", which is indeed to "sleep on one's rights." It can indeed be used in cases where a party clearly knew of certain actions, but did not bring suit for those actions in a timely manner. Waiting to prosecute in order to trick your competition into committing themselves to using a patent (and thereby extract more money from them in the end) would seem to be illegal.

        On the other hand, in this case the company in question apparently sued Cisco, who eventually settled. So they can p

    • by Tim C ( 15259 )
      The onus of protecting rights should be on the holder of the rights.

      In general I disagree; I don't think it's fair that a company or person should lose a patent simply because they don't know that someone else is infringing on it, or for whatever reason is unable to take action.

      For something like this, though, I agree wholeheartedly. There's no way they didn't realise that people were making and selling wi-fi devices; it's simply not possible.

      Just don't ask me where to draw the line between "Fair enough, yo
    • by carou ( 88501 )

      If I were the judge I would throw this case out.

      The onus of protecting rights should be on the holder of the rights.
      I'm guessing the judge will decide the case on the basis of what the law says, not on what he personally thinks it should say.

      Usually, that sort of consistency is a great advantage.
  • These patents sure are coming in nice this year pa..

    You're damned right they are boy! I bought them from some very smart people!

    Pa, why don't we license them out then?

    Because boy, its easier to just hold them in waiting until we think we can rob enough companies! If we license, we have to manage it! If we just sue, its a one time deal..

    Pa...

    Why are you the anti-christ?

  • I say this suit should be dismissed because of Laches. WiFi has been out for quite a while, and the patent holder has not sought law suits sooner. Therefore, they slept on their rights.
  • by plasmacutter ( 901737 ) on Thursday November 01, 2007 @12:57PM (#21198729)
    Specifically, require all patent related cases to route through a centralized system in washington D.C.

    Multiple courthouses/justices are fine, even keep the status quo with their method of appointment, but the cases (primary and appeals) filed should be randomly assigned to a given judge's court.

    Removing the ability of troll companies to shop for particularly corrupt or incompetent forums should help reign in part of the problem and bring some regularity or balance to the overall system.
    • Well, these cases are in the Federal court system (http://www.technologyreview.com/InfoTech-Software/wtr_16280,300,p1.html?PM=GO&a=f), so you could argue that they are centralized, in that the Feds overlay the states.
  • I work for one of the companies named in their lawsuits. Out of curiosity I checked out wi-lan's home page [wi-lan.com].

    They have a link to "Litigation" [wi-lan.com] dead center in their page top nav bar. It's good to know they take it seriously :/
  • I wonder.... (Score:4, Insightful)

    by gravis777 ( 123605 ) on Thursday November 01, 2007 @01:00PM (#21198781)
    What the patents actually are of, and when they were filed. Some friends and I setup and brainstormed in late 97 and early 98 about the possibility of wireless networking using the 900 MHz and the 2.4 GHz range. I saw the first consumer devices come out around 2000 or so. If I have documentation of this, and the patent was filed later, I wonder if I can file a prior art thing?
    • by tygt ( 792974 )
      I believe that prior art has to be publicly known. If I invent something today, and don't tell anyone about it (especially the patent office), and then you invent it 2 years later, you're free to patent it.

      Wiki sez in http://en.wikipedia.org/wiki/Prior_art [wikipedia.org]:

      Prior art (also known as or state of the art, which also has other meanings) in most systems of patent law[1] constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's cla

    • by m2943 ( 1140797 )
      No. The purpose of the patent system is to reward publication and use. Generally, if you don't publish and don't patent, your ideas don't count as prior art.
    • Prior art has to be in the public domain or published. Even the best proof, if confidential, cannot be prior art. However, t
    • Patent numbers? (Score:2, Informative)

      by bflynn ( 992777 )
      I found another link [sys-con.com] that gives the information. The patents claimed in the suit are 5,282,222, RE37,802 () and 5,956,323. The filing dates are 1992, 1997 and 2000. You can Google the numbers to try to understand what the patents are about, but unless you have a deep understanding of RF technology, its will probably be greek.

      Brian
  • Why retailers (Score:3, Interesting)

    by LinuxInDallas ( 73952 ) on Thursday November 01, 2007 @01:01PM (#21198813)
    I do not understand why retailers can be sued. I would think that if patent voilations have been made all the blame should rest on the manufacturers not the stores that are unwittingly selling the devices.
  • Best Buy?!? (Score:4, Interesting)

    by eyrieowl ( 881195 ) on Thursday November 01, 2007 @01:02PM (#21198821)
    I must confess to being confused by that one. I understand (and abhor patent trolls) suing the manufacturers for not licensing the technology, but the storefront? Just going after someone with deep-pockets, or what? It's not actually a tenant of US law that you, as a seller, have to verify that all your wares are correctly licensed with clear patents/copyrights is it? How could a store ever be sure that all the electronic components in, say, the computers it sells are dispute-free?
    • How could a store ever be sure that all the electronic components in, say, the computers it sells are dispute-free?

      They cannot, and hopefully that concept will be used by Best Buy and all the other defendants to obtain a summary judgment against these patent trolls. I mean come on, on Wi-LAN's own website they say up front and in your face "Our experienced management team is implementing a two-pronged strategy: to sign licenses with every company who uses our patented technology and to acquire new, valuable patents to further strengthen our portfolio." (emphasis mine). How much more blatantly trollish can you get?

    • This would stifle the sale of new products.

      Further more, if a company came under scrutiny, retailers everywhere would immediately stop buying and selling the disputed equipment. Even without a court injunction, that product would cease to make money.

      This could be another case where the mere threat of an accusation could spell doom to a business.

      (ps, I don't think stores have any expectation to be in the middle of an ip disagreement. I only argue that it would be unjust if they were.)
  • "While we prefer to resolve patent infringement through business discussions, we have consistently maintained that litigation was always a possibility when negotiations do not result in a license within a reasonable time," Chief Executive Jim Skippen said in a statement.

    Translation:
    Bow down before the one you serve, you're gonna get what you deserve.
  • List of Patents (Score:5, Informative)

    by Anti_Climax ( 447121 ) on Thursday November 01, 2007 @01:11PM (#21198965)
    For those that are curious, a list of the patents Wi-LAN holds is here:

    http://www.wi-lan.com/patents/patents-issued.aspx [wi-lan.com]
    • by zrq ( 794138 )

      According to the article, one of the parties they are suing are D-Link. Wi-LANs litigation page [wi-lan.com] refers to the case as "Wi-LAN Inc. v. D-LINK et al action".

      I may be wrong here, but the the image [wi-lan.com] on Wi-LANs patents page [wi-lan.com] looks to me like a D-Link ADSL unit [dsl-warehouse.co.uk].
      Isn't that kind of rubbing it in ...

  • Marshal TX should be removed from the map by whatever means necessary for the sheer ignorance of its jury pool!

    I'm surprised that the RIAA hasn't yet found a way to sue all their file sharers in that backwater dump!

  • by Tiger Smile ( 78220 ) <.james. .at. .dornan.com.> on Thursday November 01, 2007 @01:29PM (#21199299) Homepage
    Canada paid for the patents. Blame them. it's time the US has a "War On Canada"! Why not? The US dollar is shrinking fast, and the Canadian dollar is looking better and better. We need to tap into that. I say they're hiding Weapons Of Mass Litigation, or WMLs! Canada give up your WML, or we of the US will get on the web, try and figure out where in the world you are and who your leads are, followed by a "Mission Accomplished" photo op, then a little "Shock and Awe" and to save time we'll install shredders at the US Treasury too. You don't want to mess with the US, we're armed with pure unfiltered stupidity, and you can't argue with that! :)
    • Nah, we'll just do what we always do when we want to screw with an American: offer the invading troops some beer, then innocently caution them to 'go easy, eh, our beer's stronger than what you're used to.'

      Never fails.

  • Lemmings (Score:3, Interesting)

    by xigxag ( 167441 ) on Thursday November 01, 2007 @02:01PM (#21199735)
    Wi-LAN claims in their press release [wi-lan.com] that While we prefer to resolve patent infringement through business discussions, we have consistently maintained that litigation was always a possibility when negotiations do not result in a license within a reasonable time. So, at least allegedly, they have been attempting to get this matter resolved through licensing. And since they've been around for 15 years, it seems perhaps not fair to label them as patent trolls.

    So I ask you, Slashdotter, imagine this situation. You invent an incremental technological breakthrough, and you patent it. Let's say it involves some esoteric use of carbon nanotubes. Unfortunately, at the moment nobody is manufacturing nanotubes in the quality or consistency that you would need. Basically you have to wait for other tech to mature before your invention can take off.

    A few years pass and finally, nanotech is up to the level where your invention could be profitable. You start to ask around to see if other companies are interested in licensing your patent. No takers. Another year passes, and to your shock, products from major companies start to appear on the market that utilize your exact invention. Again you try to work out a license and they all laugh in your face. "Go ahead, try to take us to court. We'll bury you," some legal intern snickers after one heated telephone exchange. Finally, one "patent holding" company offers to buy your invention. Not for much, but for much more than you would otherwise get for it, namely, zero.

    Now who's the bad guy in the above scenario? The poor inventor, who couldn't afford to invent all of the other enabling technologies to produce his patent on his own? The patent holding company, who is building up a portfolio from other frustrated inventors? Or the big corporations, who think they're immune from having to pay for intellectual property they expropriate? Or maybe you really think all patents are bad, and if you invent something, your only option is to either give it away for nothing or to try to keep it a trade secret?

    My point is: don't be so quick to slavishly kiss up to the corporate overlords and put down every instance of patent litigation. The big corps must be loving the fact that the supposedly free-thinking tech-savvy intellectuals of the world are all lined up in their corner.
    • Am with you on this one.
      corporates generally prefer patents when it is to their advantage. When it makes them spend money, they call it trolling.

      In this case, the inventor should not sell rights completely. Instead he shd license it to the patent troll so that when the big money starts rolling in, atleast he would be compensated.
  • New Category: Patent Trolling

    This way I can disable it from ever appearing on my front page.

    What's the point of all these articles? How many times can we discuss the annoyance of frivolous lawsuits or spend time looking for prior art? It's the same discussion over and over and over and over.

    Wi-LAN sucks. Patent trolls should burn in a fiery pit of evil monkeys. US courts encourage this stuff. Kill all the lawyers.

    There, you can stop reading this thread now.
  • Eye for an Eye (Score:2, Insightful)

    by calcutta001 ( 907416 )
    Some day soon, corporations will realize that they have to unite and collaborate better. I am glad that this is happening, Maybe this will be a unifying force that will promote cooperations like Open Invention Network and fight enemies like Microsoft, NTP and this little bugger.

    There should be patent free open standards like IP that everyone can use and build on. What if google had to pay a fraction of a cent for every IP packet as royalty. Would it have taken off in it's infancy. Hell, would internet taken
  • I know in the case of Verizon the alleged patent holders literally took their ideas from RFC's and the like to create their patents. There is most definitely existence of prior art out there yet these cretins can attack the likes of VoIP companies, hard drive manufacturers and now wlan hardware vendors.

    If it's ever been obvious that we need patent reform before, it should be painfully obvious now.
  • by mlwmohawk ( 801821 ) on Thursday November 01, 2007 @02:46PM (#21200303)
    This is exactly the problem with patents:

    I am an inventor, it is too expensive for me to patent my ideas, thus the only patents that I have, have been created during employment. Most all of the people doing the "inventing" on their own find it difficult or impossible to patent.

    large corporations and well funded universities spend millions of dollars a year patenting trivial or even not-so-trivial techniques. ("Not so trivial" is still not "non-obvious")

    Patents only protect big business from small business, and make competition difficult.

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