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Court tosses Interval lawsuit vs. Apple, Facebook, Google

updated 08:50 am EST, Mon December 13, 2010

Court says Interval patent lawsuit too broad

Judge Marsha Pechman on Friday dismissed Interval Licensing's patent lawsuit against major online providers. The official tossed the complaint for being too "spartan," as it didn't identify what devices or services actually infringed the patents with "any specificity." The case, filed in a Western District of Washington court, accused Apple, AOL, eBay, Facebook, Google's YouTube, Netflix, Office Depot, Staples and Yahoo of copying technology Interval owned patents for Internet commerce.

Interval has promised the Wall Street Journal that it would file an amended, more specific complaint before a December 28 deadline issued by Judge Pechman. It was a "procedural issue," a spokesman said.

The complaint has raised criticisms as it comes from a company backed by Microsoft co-founder Paul Allen that is notably exempting Bing and other Microsoft properties. In its original form, Interval Research had been started in 1992 to pioneer web technology, but it had trouble producing shipping products and closed in 2000, spinning off the licensing group in the process and now threatening the web with lawsuits.

Apple and Google may have been primarily responsible for the dismissal as both had motioned for its end shortly after the case was submitted. Neither these nor eBay or other firms have commented on the dismissal.



By Electronista Staff
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Comments

  1. Geoduck

    Junior Member

    Joined: Jan 2010

    +2

    A question to any lawyers out there...

    "as it comes from a company backed by Microsoft co-founder Paul Allen that is notably exempting Bing and other Microsoft properties."

    Would this history and who they are exempting weaken their case?

  1. Foe Hammer

    Fresh-Faced Recruit

    Joined: Feb 2005

    +1

    We'll See If Any MS Products Or Services ...

    ... are specified in the refiling. Not naming MS and any MS stuff again that would clearly be in violation won't help Paulieboy. OTOH, I can vividly imagine MS paying him to sue them too, just so MS could pour a little sand in the gears of the Apple and Google juggernauts.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -1

    lawsuit

    Would this history and who they are exempting weaken their case?

    Not naming MS and any MS stuff again that would clearly be in violation won't help Paulieboy.

    Nope. First off, you don't know whether they are in violation. Second, they may have an agreement to use it already (i.e. no violation either). Third, there's nothing that says you have to sue EVERYONE. You can select who to sue, under the assumption that once you win, you can then wave that club at everyone else.

    OTOH, I can vividly imagine MS paying him to sue them too, just so MS could pour a little sand in the gears of the Apple and Google juggernauts.

    No, they would just license it from them, just so they can sue the others. No sense going through legal proceedings.

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