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Print 13 comment(s) - last by hayley.. on Jul 22 at 2:40 AM

Suit alleges patent infringement by 20 different media player makers

A new suit has been filed for patent infringement in the Eastern District of Texas in a Tyler court. The suit alleges that pretty much every major maker of media players in the world is infringing upon a patent held by a company called Tsera LLC.

Listed in the suit are Apple, Microsoft, Cowon, iRiver, LG, Bang & Olufsen, Philips, and TrekStor among others. In all there are 20 different defendants named in the case. The allegations made by Tsera are that the defendants are all infringing on a patent granted to Tsera in 2003 that covers different swipe movements on a touchpad without having to provide visual feedback or look at the player to understand what's taking place.

AppleInsider reports that the patent is vague, which is usually the case. The plaintiff claims that Apple in particular has been "wanton" in its continued infringement on the patent and Tsera is seeking enhanced damages against Apple.

According to Tsera, Apple has known about the infringement on the Tsera patent since September of 2004 and has refused to pay a patent license fee for the iPod classic and nano models allegedly infringing on the patent. Tsera isn’t seeking to prevent any of the allegedly infringing products from being imported or built but is seeking royalty payments on the use of the patent if it wins the suit.

The reason the suit was filed in the Eastern district of Texas Tyler court is that previous rulings form the district in similar cases have been in the plaintiff’s favor. Nintendo lost a case that resulted in $21 million in damages in the district last year.



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Let me get this right...
By stirfry213 on 7/20/2009 12:31:44 PM , Rating: 2
Is someone actually sueing over a patented gesture of the hands? If so, how in hell did they patent a hand gesture?

I'm so confused...




RE: Let me get this right...
By thekdub on 7/20/2009 12:51:19 PM , Rating: 3
I think they're suing over the use of touchpads on DAP's, not the hand gestures used to control them.

Which makes me wonder why they're just suing DAP manufacturers and not notebook manufacturers as well, since literally every notebook on the market right now uses a touchpad or a touch screen.

This lawsuit seems pretty bogus, just a company trying to cash in on something popular. These aren't the droids you're looking for, move along.


RE: Let me get this right...
By Xenokyn on 7/20/2009 6:37:51 PM , Rating: 2
I'm surprised I'm the first one to post the term "Patent Troll" in this thread.


RE: Let me get this right...
By Spivonious on 7/20/2009 12:54:50 PM , Rating: 3
[quote]different swipe movements on a touchpad without having to provide visual feedback or look at the player to understand what's taking place.[/quote]

How the f*** did this patent get approved? This case will be thrown out.


RE: Let me get this right...
By Alexstarfire on 7/20/2009 1:23:48 PM , Rating: 3
Who knows, but it's the US patent office we're talking about. They'll let you patent just about everything.


RE: Let me get this right...
By akugami on 7/20/2009 2:42:38 PM , Rating: 2
I wouldn't be so sure of them throwing this case out. It's Texas. They'll probably grant damages if I had a patent for an apparatus that dispenses an externally used product whose purpose is for the cleaning and removal of fecal matter from a person's body and sued everyone in the world.


RE: Let me get this right...
By omnicronx on 7/21/2009 11:21:01 AM , Rating: 2
It was filed in 2003, so I really doubt they have any substance to their case. The iPod had the touch sensitive circle before it was filed, so I really doubt Apple has anything to worry about here.

It sounds like they are just suing everyone hoping that a few companies will bite the bullet and settle.


RE: Let me get this right...
By Xonoahbin on 7/20/2009 1:25:24 PM , Rating: 3
Don't be so surprised if so.. Apple did patent the pinch gesture. When you can patent gestures, something is surely messed up. Imagine if I patented the middle finger..


RE: Let me get this right...
By zerocool84 on 7/20/2009 2:47:31 PM , Rating: 2
Exactly

If Apple can do it why can't other companies???


RE: Let me get this right...
By Spivonious on 7/20/2009 3:55:13 PM , Rating: 2
So MS is paying Apple to use that gesture in Windows 7?

HP is paying Apple to use that gesture in their Touchsmart software?


RE: Let me get this right...
By omnicronx on 7/21/2009 11:12:10 AM , Rating: 3
They don't have too, its called prior art as both companies had used the technology before the patent was filed. Apple would lose the patent very quickly should they ever pursue either company. Essentially their patent is useless vs most of the big players in the market, but it will stop emerging companies from using it. Google and its Android OS is one of the only exceptions.

I still don't understand how Apple even got the patent in the first place, as I always thought that whoever files the patent must disclose this kind of information if they are aware of it, and there is no way Apple can claim they were not aware of MS devices such as 'Surface'.


Ridiculous
By dflynchimp on 7/20/2009 7:14:06 PM , Rating: 2
I think the patent system is obsolete. Obviously they didn't plan for people to run out of valid things to patent and start churning out idiotic and absurd ideas of self-proprietary.

I really should file a patent for the hand gesture which "grips a remote control and rapidly moves up and down in a repeated motion." I'd make millions!




By hayley on 7/22/2009 2:40:23 AM , Rating: 2
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