Apple Faces New Patent Lawsuits from Openwave, Wi-LAN

[MagnusVonMagnum]

One of them might actually fit the definition of "patent troll", while the other most certainly does not.

And one post here fits the definition of fanboy while the others do not.


Software patents in general need to go away (i.e. patents for 'methods to move data over the internet' and the like). They are vague, abstract and seem to fit anything and everything. They should not have been granted in the first place. But with Congress refusing to cooperate on literally anything, does anyone seriously believe it will ever be addressed? Maybe if someone took the software patent concept to the Supreme Court. But even then, it would probably come down to the party makeup of the court (seeing how they've ruled lately on party lines, not on the Constitution and actual law like they're supposed to).

 

[Sankersizzle]

let's be honest, if wi-lan wants to be taken seriously, they need to get a better logo and that dude needs a stylist

Right, because Steve Jobs is the epitome of fashion sense.

 

[srobert]

Hint, hint, nudge, nudge…

 

[FrizzleFryBen]

Correct me if I'm wrong but once 8 companies are doing it for 3 years isn't it a little late?

 

[jonnyb]

Faces you want to punch

 

[finkmacunix]

Wirelessly posted (Mozilla/5.0 (iPod; U; CPU iPhone OS 3_1_3 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Version/4.0 Mobile/7E18 Safari/528.16)

What's with that guy beside the WiLan logo?

 

[sanford]

What a joke. Openwave somehow isn't a troll? The list:

/Openwave has accused Apple and RIM of infringing these five patents:
Patent #6,289,212 “generally allows a user to use e-mail applications on a mobile device when the network is unavailable – such as when a user is on an airplane.”
Patent #6,233,608 “relates to cloud computing.” The company said the patent for instance “enables data to be accessed or shared by different devices such as mobile handsets or computers.”
Patent #6,405,037 “allows access to updated versions of applications on mobile devices.”
Patent #6,430,409 “allows the mobile device to operate seamlessly, and securely, with a server over a wireless network.”
Patent #6,625,447 “allows consumers to experience an improved user experience in navigating through various pages of information without delay.'

These apply to all laptops and most game consoles.

I especially like the last two. Ooh, data security, how novel. And a generically better UI: that's definitely proprietary stuff.

I'm a big supporter of IP rights. When there's actual IP involved more than just pipe dreams. I don't think any individual or company should be able to nab the inventions of someone else without paying for them. As far as I can tell from reading those two patents, Openwave didn't actually DO any of this stuff, they just described how nice it would be if someone with the ability and resources to do it actually did it.

I think the "experts" are saying Openwave has a case not because they think the patents are meaningful but because they think, compared to Wi-LAN's patents, they think the idiots on the bench and/or a federal jury panel will BELIEVE the patents are meaningful. It's like me patenting the Wave Motion Gun. Sure, great idea for a weapon for an ocean-going vessel modified to become an interstellar spacecraft. Do I have a prototype in my garage? Well, see, the thing is, I could MAYBE do the WMG but until somebody buys back the RMS QE2 and converts it into a spaceship, well, you know, I can't really get started working on the WMG.

 

[JAT]

One patent troll suing another patent troll. Good. I hope that both get what they deserve.

Why don't you learn what English words mean before using them?

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Correct me if I'm wrong but once 8 companies are doing it for 3 years isn't it a little late?

You are wrong. That's a pretty standard practice, wait until they are REALLY using it.

 

[JGowan]

If intellectual property law existed when the first man discovered fire we'd be extinct.

Either that or his descendants would be some rich m'in f'ers. Can you imagine having the patent on fire?

 

[jamesryanbell]

Apple decides if YOU stole THEIR tech. Not the other way around.

 

[mchoffa]

Apple, Google, Microsoft, RIM, Samsung are not patent trolls at all. They spend years and $billions$ in research and development to create products people can use.

This company on the other hand produces nothing and does no research, yet they make millions/billions off of vague ideas.

How does this guy sleep at night? Oh, that's right, he probably has pillows filled with hundred dollar bills.

 

[samcraig]

One of them might actually fit the definition of "patent troll", while the other most certainly does not.

And quite frankly, this is about as meaningful for Apple as the Kodak litigation. In other words, meaningless.

Further, Wi-lan is attempting to go after others besides Apple, notably RIM.

Even further, Wi-LAN is generally regarded as a patent troll, having given up on product manufacturing and focused its business solely on attempts to license its intellectual property. The company has not been shy about filing lawsuits alleging infringement of its patents, and has in fact sued Apple several times in the past, most recently in a 2010 complaint targeting over two dozen companies for their implementations of Bluetooth communications technology.

Not a big deal, in any event. Apple can either pay them off or delay. Patent trolls are many and they're not too much of a worry. Mirror Worlds, Lodsys, etc.

Well of course YOU want to give Apple a free pass. No surprise there.

I guess your answer to all of Apple's issues are for them to just pay people off. There might come a time and company who doesn't want the money - or where Apple doesn't feel they should be paying. That will be interesting.

 

[accessoriesguy]

wow a business that exists for the sole reason to license their patents or sue for their patent infringement, I thought this would eventually happen, but not so soon

 

[roadbloc]

One patent troll suing another patent troll. Good. I hope that both get what they deserve.

Agreed. Apple are well due a spanking.

 

[jdsipod]

Patent Law

Just get rid of the stupid patent law, no one is innovating technology these days, just making improvements to ideas.

 

[Navdakilla]

add this to the forever intertwinning(sp?) of all the patent lawsuits and stuff

haha

 

[darkplanets]

I realize people feel rather strongly about patent law here, but it really is necessary. Without it there's no incentive to innovate-- why spend money on R&D when you can copy from someone else?

The issue is that technology is a rapid progression-- it appears to be much worse in the technology sector because 20 years is a lifetime, whereas 20 years in other fields is almost nothing (ex. pharma). The plus side is that because technology changes so quickly, often times many of these cases will become moot. Make no mistake, it's lawsuit city right now because the gettin' is good; in a few years the first wave of these patents will start to disappear.

At the end of the day Apple will have to pay these people (and others) just like others will have to pay Apple. It's a big game essentially.

 

[rmwebs]

Even further, Wi-LAN is generally regarded as a patent troll, having given up on product manufacturing and focused its business solely on attempts to license its intellectual property.

and Apple isnt? Apple have been trolling patents for a while now....they deserve to get sued as far as I'm concerned...they started it.

 

[*LTD*]

Well of course YOU want to give Apple a free pass. No surprise there.

It depends.

I guess your answer to all of Apple's issues are for them to just pay patent trolls off.

Fixed. And the answer is yes. It's just easier. But that's for Apple's lawyers to decide.

There might come a time and company who doesn't want the money - or where Apple doesn't feel they should be paying. That will be interesting.

Ok. *yawn*

and Apple isnt? Apple have been trolling patents for a while now....they deserve to get sued as far as I'm concerned...they started it.

You also don't know what a "patent troll" is. The definition is in the article, for your enjoyment and edification.

 

[conigs]

Even further, Wi-LAN is generally regarded as a patent troll, having given up on product manufacturing and focused its business solely on attempts to license its intellectual property.

and Apple isnt? Apple have been trolling patents for a while now....they deserve to get sued as far as I'm concerned...they started it.

Maybe I'm misunderstanding your understanding of a patent troll—or your point in general—but are you asserting that Apple does not make & sell products and is strictly basing its business on licensing its IP?

 

[samcraig]

It depends.

Fixed. And the answer is yes. It's just easier. But that's for Apple's lawyers to decide.

You also don't know what a "patent troll" is. The definition is in the article, for your enjoyment and edification.

Depends on what. Give me some instances where you hold Apple accountable?

And "fixed"? There was nothing to fix. Don't edit my comments to suit your silly rebuttles.

In today's world and in the world of cellular technologies - patent trolling, in is definitely associated with any and all companies involved these suits as ALL companies (Apple included) are sue-happy. Whether justified or not - I would imagine there are HUNDREDS of suits which will tie up court time, cost an exorbitant amount of legal fees etc just within the last year.

You can stop using an older/outdated definition of trolling in regards to this industry in 2011.

 

[realeric]

Wi-LAN is generally regarded as a patent troll, having given up on product manufacturing and focused its business solely on attempts to license its intellectual property. The company has not been shy about filing lawsuits alleging infringement of its patents, and has in fact sued Apple several times in the past, most recently in a 2010 complaint targeting over two dozen companies for their implementations of Bluetooth communications technology.

1,000,000+. Wi-LAN is a patent troll. Apple is not because they makes products. Period.

 

[chrono1081]

Wow we got some winning comments in this thread

Sure Apple may sue over some dumb things sometimes but as a company who constantly has their ideas and technology ripped off I can understand why even if I don't agree with some of the lawsuits. I would hardly call them a patent troll since they actually create things.

Openwave on the other hand does not create things, and in my opinion companies that do not create things should not be allowed to hold patents.

 

[skeep5]

page 2, no?

 

[mjtomlin]

Okay... so assume that the patent is valid (they invented the tech). Apple buys its communication chips from a supplier... they dont build them themselves. Wouldnt the supplier be the one to question? Or does everyone who breaths on that tech need to pay a license fee?

It depends on the original licensing terms. The supplier may only have a license that allows them to build components with the IP.

Anyone who wants to use that IP, may have to obtain their own "use" license.

I would guess in some cases, the IP or patent doesn't really apply and the troll goes after the companies that have absolutely no way of proving otherwise, other than getting the supplier involved.