Amazon, Apple, Google, Yahoo! targeted in patent case
A US technology company which won a patent case against software giant Microsoft filed suit on Tuesday against nearly two dozen other high-profile firms accusing them of violating the same patent. Adobe, Amazon, Apple, eBay, Google, Sun Microsystems, Texas Instruments, Yahoo! and YouTube were among the 23 companies named in the lawsuit filed in a Texas court by Eolas Technologies Inc. WASHINGTON (AFP) - – A US technology company which won a patent case against software giant Microsoft filed suit on Tuesday against nearly two dozen other high-profile firms accusing them of violating the same patent.
Adobe, Amazon, Apple, eBay, Google, Sun Microsystems, Texas Instruments, Yahoo! and YouTube were among the 23 companies named in the lawsuit filed in a Texas court by Eolas Technologies Inc.
Eolas was awarded a 565-million-dollar judgment in a patent lawsuit against Microsoft in 2004 but ended up settling the dispute three years later for an undisclosed amount.
Microsoft was accused by Illinois-based Eolas of violating a patent held by the Illinois-based company in its Web browser Internet Explorer.
In the latest suit, Eolas accused the 23 companies of violating the same patent as in the Microsoft case, its '906 patent which enables Web browsers to act as platforms for fully-interactive embedded applications.
They were also accused of violating Eolas's '985 patent, which the company described in a statement as a "continuation of the '906 patent."
"We developed these technologies over 15 years ago and demonstrated them widely, years before the marketplace had heard of interactive applications embedded in Web pages tapping into powerful remote resources," Eolas chairman Michael Doyle said.
"Profiting from someone else's innovation without payment is fundamentally unfair," Doyle said. "All we want is what's fair."
Mike McKool, lead counsel for Eolas, said "what distinguishes this case from most patent suits is that so many established companies named as defendants are infringing a patent that has been ruled valid by the Patent Office on three occasions."
Questions:
ReplyDeleteQ1. Did the Eolas group made the right decision? Support your answer from our lesson about patenting and place a proper acknowledgment about any other sources that you would refer.
Q2. What do you think is the lesson that we could get from this case?
Q3.What was the right procedure that Amazon, Apple, Google and Yahoo!weren't able to follow and caused them this lawsuit? Explain the procedure about using others' patent base on the book and other reference. Again, don't forget to recognize your sources.
http://www.wipo.int/freepublications/en/patents/434/wipo_pub_l434_03.pdf
ReplyDeleteCheck this out in answering Q3. this might help.
Questions:
ReplyDeleteQ1. Did the Eolas group made the right decision?
I think they made the right decision “if and only” they pass this lawsuit in Texas earlier for the benefit of the Eolas group not to be patended with other companies. If only they determine right away the acts and violations of other companies so that it will not be as big as the issue now than they prevented it before.
Q2. What do you think is the lesson that we could get from this case? I think we could get a moral lesson unto it, surely these companies are striving hard for them to accomplish excellent jobs in their work towards technology but the fact is that in order for companies be in “fair” state, each company must produce their own work and if they will have to have other companies software, well then they must have an agreement in a way that its technological competitions be in fair. The lesson of this is that a person must appreciate and not ruin the efforts of somebodyelse work, of how he/she strives to make it excellent so that if you have a work that is done excellently, well then vise versa they will also appreciate your effort on it, so that fairness will be met.
Q3.What was the right procedure that Amazon, Apple, Google and Yahoo!weren't able to follow and caused them this lawsuit?
I think the right procedure that they must have in order for them not to filed of such act is that, they weren’t able to comply the International applications as it says: International applications may be filed with the
patent offices of Contracting States of the Patent Cooperation
Treaty (PCT) or the International Bureau of the World
Intellectual Property Organization (WIPO) by any resident or
national of a PCT Contracting State. A single international
patent application has the same effect as national applications
filed in each designated Contracting State of the PCT.
Although the major part of the patent application procedure is
carried out within the international phase, a patent can only be
granted by each designated State within the subsequent
national phase.
Q1. Did the Eolas group made the right decision? Support your answer from our lesson about patenting and place a proper acknowledgment about any other sources that you would refer.
ReplyDelete-Yes, I think they made the right decision. As what the Eolas chairman Michael Doyle said ""Profiting from someone else's innovation without payment is fundamentally unfair,". I think those established companies should acknowledge the rightful owner or developer of the sites appearing in their browsers,and also, I think they should have asked permission first from the Eolas Technologies Inc. before using those applications top settle all legal concerns so as to avoid this matters.
Q2. What do you think is the lesson that we could get from this case?
ReplyDeleteWell basically, I would say that asking permission should be the first thing to do and recognizing the rightful owner should be done with at par considerations.People should always put in mind the intellectual property right of every individual and try to consider things like this so as not to create worse matters like this.
Q3.What was the right procedure that Amazon, Apple, Google and Yahoo!weren't able to follow and caused them this lawsuit? Explain the procedure about using others' patent base on the book and other reference. Again, don't forget to recognize your sources.
ReplyDelete-Patents should include the necessary information of a certain organization, company or individual that own's a certain invention. This includes the following:
-THE APPLICANT
-THE INVENTOR
-THE CLAIMS
-PRIORITY FILING
I think Amazon, Apple, Google and Yahoo! weren't able to follow or to post these necessary information in there browsers. Whenever somebody use their applications, those mentioned above should appear, if not all at least some of it in-order to give credits to the inventor/s.
(http://www.wipo.int/freepublications/en/patents/434/wipo_pub_l434_03.pdf)