Can't Innovate? Litigate! 3Com Goes Patent Lawsuit Ballistic

Mon, Mar 24th 2008 12:25am

Filed Under:
itc, lasers, lawsuits, leds, loophole, patents

Companies:
hitachi, lg, motorola, nokia, panasonic, pioneer, samsung, sony, toshiba

26 Comments | Leave a Comment..

Columbia Professor Latest To Go On The Patent Offensive

from the very-offensive dept

Over the last year or so, we've seen two disturbing trends in enforcing patents. The first, is seeing patent holders suing a bunch of companies at once rather than just one or two, as used to be standard. They do this because they fear that some type of patent reform is coming, either via Congress or the courts. So they want to get as many patent suits in as quickly as possible. The second trend is that, rather than taking patent infringement cases through the court system (which is bound by the recent precedents set by the Supreme Court that loosen patent rules), they use a loophole: taking patent infringement claims to the US International Trade Commission (ITC). The ITC has the authority, if it believes that infringement occurs, to block the import of infringing goods. The ITC doesn't need to pay attention to what the courts say, and doesn't need to wait for the USPTO to review a patent. It can simply decide infringement occurred and ban the import of the goods. This is, effectively, the equivalent of an injunction against the product (just the sort of thing the Supreme Court said should be used more cautiously).

A Columbia professor has now picked up on both of these trends, getting the ITC to investigate 30 companies for violating her patents on LED and laser technologies. Among the companies investigated: Sony, LG Electronics, Hitachi, Toshiba, Panasonic, Motorola, Nokia, Pioneer, and Samsung. Whether or not these patents turn out to be valid, it's a cheap tactic to use the ITC rather than going to the courts to fight this battle.

Failures

Mon, Feb 18th 2008 1:12am

Filed Under:
blu-ray, dvds, hd-dvd

Companies:
best buy, netflix, toshiba, wal-mart

48 Comments | Leave a Comment..

HD DVD May Finally Be Dead... Only Three Years Too Late

from the still-time-to-salvage? dept

A few weeks ago, when we noted that it really looked like HD DVD might finally be done for, we were surprised to see the number of folks in the comments insisting that we were crazy, and HD DVD had a long future ahead of it. Well, it appears that future has been cut short. In the past week, Netflix, Best Buy and Wal-Mart all said they would sell exclusively Blu-ray players and discs going forward, squeezing out whatever last minute hope there was of rescuing HD DVD. Now reports are finally coming out that Toshiba has come to terms with the inevitable and will officially kill off HD DVD in the next week or so. The thing is, this is really three years too late. There were three years where a next generation DVD standard had an open market to dominate. Yet, in those three years, the ability to deliver videos online has grown tremendously, meaning that there's even less of a reason today to upgrade than in the past. No, internet delivery of movie content isn't ideal yet. It's still much easier to use a disc -- but the gap has closed quite a bit and it's only going to get narrower -- until internet delivery systems surpass any kind of disc-based system. It's a classic "innovator's dilemma" where internet delivery mechanisms are getting better at a rate much faster than next generation DVD systems. Those three years of fighting over standards is going to come back and bite everyone who spent all this time fighting over a standard only to miss the larger picture.

Failures

Thu, Jan 31st 2008 2:59am

Filed Under:
blu-ray, hd dvd, super bowl

Companies:
intel, microsoft, toshiba

59 Comments | Leave a Comment..

HD DVD Bets Big On Super Bowl Ad... Yeah, That'll Do It

from the great-moments-in-wasting-money dept

In the biggest standards battle most people couldn't care less about, most folks are assuming that Blu-ray has finally won the battle. However, the HD DVD folks aren't totally giving up yet. After hanging their heads and canceling a party and press conference at CES, it appears that Toshiba believes the way to revive interest in the HD DVD standard is... to spend $2.7 million on a Superbowl ad. As if that's going to make a difference. It brings to mind various dot com startups from the last bubble who put their entire marketing budget into a Super Bowl ad. In the meantime, it may be time to start watching HD DVD's other backers. Microsoft still insists it's strongly behind HD DVD but have opened the door to finally giving it up. Meanwhile, Intel has a long history of jumping ship after it realizes it backed the wrong horse in various standards battles. The company seems to have learned when to cash out and move on. Last year it moved closer to that position by supporting both standards (while still officially backing HD DVD). If the trend keeps moving towards Blu-ray, then expect to see Intel jump more fully to the other camp. Now, if only this had been worked out four years ago, before people had moved on to online video. Blu-ray can still do well, but it missed its biggest opportunity to take over the market a few years ago.

Legal Issues

Mon, Sep 17th 2007 1:32pm

Filed Under:
patent trolls, patents, playlists

Companies:
apple, at&t, dell, lenovo, microsoft, napster, real, sprint, toshiba, verizon, viacom

23 Comments | Leave a Comment..

Playlist Patented... Everyone Sued... But Did Apple Pay Up?

from the sounds-like-it dept

A bunch of folks have been submitting the latest story on a patent hoarding firm, Premier International Associates, who appears to have absolutely no other business than getting its hands on questionable, overly broad, obvious patents and then suing everyone possible. In this case, the patent is for the basic concept of a playlist, which can be found just about anywhere. So, it should come as little to no surprise that the list of companies sued is quite long, including: Microsoft, Verizon, AT&T, Sprint, Dell, Lenovo, Toshiba, Viacom, Real, Napster, Samsung, LG, Motorola, Nokia, Sandisk, HP, Acer, Gateway and Yahoo (phew!). That's quite a list, though it's not surprising to see that there are a ton of companies offering software that has a concept so basic and so obvious as a playlist.

However, there is one very interesting point here. Apple is missing from the list. As the folks over at Ars Technica figured out, Premier actually had sued Apple about this same patent back in 2005, but at the same time it was filing all these new patent lawsuits it filed to dismiss the Apple suit, suggesting that Apple most likely paid off the company (perhaps giving it the money needed to suddenly sue every other company in the universe. Apple certainly has a history of doing this. When the company was sued on a rather similar obvious patent on a hierarchical menu-based user interfaces held by Creative, it eventually (after spending some time fighting it) decided to simply pay $100 million to be left alone. Of course, all that did was allow Creative to head out and sue plenty of others. Sound familiar? By settling on these questionable patent claims, all Apple is doing is encouraging more lawsuits of this nature for itself, as well as others.

Overhype

by Carlo Longino

Mon, Jul 16th 2007 6:10am

Filed Under:
dvd, entertainment

Companies:
blu-ray, hd dvd, sony, toshiba