Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Paul Allen's Interval Licensing patent complaint takes aim at Google, Apple, others

By | August 27, 2010, 11:52am PDT

Summary: Paul Allen’s Interval Licensing sued a bevy of technology companies including AOL, Apple, eBay, Facebook, Google, Netflix and others for patent infringement.

Updated: Paul Allen’s Interval Licensing sued a bevy of technology companies including AOL, Apple, eBay, Facebook, Google, Netflix and others for patent infringement.

Interval Licensing, a research firm hatched in 1992, is suing those aforementioned Internet companies for patent 6,263,507 among others. The patent was issued for an invention revolving around browser navigation in a body of information and audiovisual data.

In a nutshell, the patent goes to the core of what these companies do. The Allen complaint (PDF and Scribd below) states:

AOL, Apple, eBay, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube’s acts of infringement have caused damage to Interval, and Interval is entitled to recover from Defendants the damages sustained by Interval as a result of Defendants’ wrongful acts in an amount subject to proof at trial.

Also: Paul Allen is no patent troll

Other patents include 6,034,652, 6,788,314, 6,757,682. All of the patents involve e-commerce and search process. In the complaint, Interval Licensing specifically calls out Google.

For example, Interval Research served as an outside collaborator to and provided research funding for Sergey Brin and Lawrence Page’s research that resulted in Google. Indeed, a Google screenshot dated September 27, 1998 entitled “About Google!” identifies Interval Research in the “Credits” section as one of two “Outside Collaborators” and one of four sources of “Research Funding” for Google. See Sept. 27, 1998 Website “About Google!” attached as Exhibit 1.

Mr. Brin and Mr. Page also recognized Interval Research’s funding in the “Acknowledgements” section of their 1998 research article entitled “Anatomy of a Large-Scale Hypertextual Web Search Engine” in which they “present Google.”

Here’s the Google exhibit referenced by Allen:

In a statement, Allen spokesman David Postman said:

This lawsuit is necessary to protect our investment in innovation. We are not asserting patents that other companies have filed, nor are we buying patents originally assigned to someone else.  These are patents developed by and for Interval.

Is Allen a patent troll? Ed Bott argues that Allen is anything but.

Here’s the complaint:

All en Suit

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Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic.

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Larry Dignan

Larry Dignan has nothing to disclose. He doesn’t hold investments in the technology companies he covers.

Biography

Larry Dignan

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic. He was most recently Executive Editor of News and Blogs at ZDNet. Prior to that he was executive news editor at eWeek and news editor at Baseline. He also served as the East Coast news editor and finance editor at CNET News.com. Larry has covered the technology and financial services industry since 1995, publishing articles in WallStreetWeek.com, Inter@ctive Week, The New York Times, and Financial Planning magazine. He's a graduate of the Columbia School of Journalism and the University of Delaware.

For daily updates, follow Larry on Twitter.

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RE: Paul Allen's Interval Licensing sues Google, Apple, others over patents
tomlin21-24319035676893835085146735905770 11th Oct
You completed a handful of excellent issues there. I did a lookup about the issue and wholesale jerseys seen predominantly many people may have specifically identical belief together with your webpage.
Very little chance of getting very far in court since he waited so long to enforce the patent.
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I Agree! ...way too long. Over 10 yrs!
i2fun@... 27th Aug 2010
@mrlinux It's just Larry's way of taking swipes at Google. His favorite Corporation to hate on (them and Adobe). I think they are all going after Patent Armageddon though. Maybe just to kill Software Patents once and for all. Which are pretty lame to begin with. Oracle was always totally against patents and now they're suing Google, how moronic is that? Maybe they should all sue each other into oblivion and just start over. But at least some Liars (I mean Lawyers) will be happy! .....oh... and of course Larry!!! ...if they promise to leave Microsoft out of it, that is! wink
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Wrong.
NoAxToGrind 27th Aug 2010
@mrlinux

Nice try and you may know Linux but you are clueless about patent law. (Most linux people are.)
@NoAxToGrind

Clueless? I think that software patents are pretty retarded: People throwing up a red flag on your service because it "looks like something we invented"
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These people seem to be against freedom and the rewards of working hard to earn your way and to be able to have ownership or what you work so hard for.
They bash lawyers, so I guess they'd prefer to live in a society where the courts define all of the nebulous language coming from lawmakers and setting all precedent rather than having those (lawyers) who fight to protect the rights of the people be able to help define the law the people must live under.

They also are either for the very very wealthy, or for socialism because they feel the person with the most money, or resources should always win. Without patents law, that would always be the case because the "little guy" could never protect his work nor own it nor see any benefit from it because it woudl be stolen and used the minute it appeared to be catching on.

Or they are Apple enthusiasts who love a company that steals all of it's ideas and patents said ideas when it can as it's own IP.
@mrlinux agreed. If I walk through my neighbor's property to get to a public thoroughfare for twelve years and my neighbor does nothing to deter me and at the end of that time sues me for trespass, guess what? He loses. By allowing me to use his property he has ceded the right to that property for that use. English Common Law.
@dheady@...

Not necessarily. I can think of a case (a friend) who had access to their parking through a lane on somebody else's property. This lane had been in common use by five houses for more than twenty years. New owners of the house at the end, which controlled the lane, succeeded in blocking everybody's access.
@dheady@...

Actually, the "easement" you refer to typically requires a period of 25 years, daily.
@dheady@...
No such thng, this is not England. We have patent laws and those are what will be applied.
Google Logo created with "The Gimp" Now that's Cool !
@John Biles
I thought they used cryons. Shrug...
Google realized the only way to gain success ultimately was to use a very similar color scheme to Microsoft's logo as a way to seem legitimate and familiar to the masses.
How cool.
can't believe he waited 10 years for this, but does time really matter for his chance i court? I thought a patent will last 50 years max if one renew it every 5 years.

http://www.kwpang.com
Allen waited 12 years hoping to hit the patent lawsuit lottery. Toss the case out. Next!
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Patent law is 20 years
osreinstall 27th Aug 2010
@Beechcraft

All laws have to be upheld or we are anarchists. Don't like the law, change it. Personally I believe patents on software should be limited to device drivers and no more than 14 years.
@Beechcraft,
Uh, you do know, don't you, that Paul Allen is a co-founder of Microsoft and is second only to Bill Gates as the richest man in America? He needs this money like you could use another dollar.
@tkepner Even if you are richer than God, doesn't mean you should not keep looking for more.
@Beechcraft Where did you get 12 years from? The patent says July 17, 2001.
It doesn't matter whether Interval Licensing wins or loses. It's a completely self absorbing destructive cycle of American companies. The winner is?...
The Chinese, as all patents are being "reworked" in China to their favor anyway.

An earlier example of "infighting" are the "UNIX Wars", which resulted in breathing new life into Microsoft's chances with Windows.
@Fraumann exactly. US corps will waste incessant time and money fighting in court to protect IP during which time the Chinese and Russian will abscond with the technology (and flip us the royal bird) and sell it back to us for a tenth of the price in some lame variation. Stupid capitalistic greed.
WOW~! me like it...:D
There's a certain risk here for Interval Licensing. Mosaic predates Interval's patent, and scrutiny may cause them to be named in a lawsuit over an invalid patent.
@spstanley Agreed, and Mosaic's work built on initial NSF funding at Univ of Illinois.
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I smell Ballmer's hand all over
Linux Geek 27th Aug 2010
The old buddy comes to save the evil M$.
Hello @Linux Geek, your assuming Ballmer has a brain, well he doesn't... Also Ballmer has a hand on something... but that's got nothing to do with computer and yes there'd also be a smell... lets not go there LOL!
And let the patent wars continue....

Everyone needs to stop suing over patents like it's a game.

1998? Really? That's an eternity in cyber years. That was the same year Windows 98, the Celeron processor, the iMac, and Netscape 5 came out.
It sounds like anyone who puts up a website is in violation of their patent
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I love Allen's Moxy, but...
Timpraetor 27th Aug 2010
12 years??? Come on, all this is going to do is to add a flurry of activity to an already overtaxed legal system and reintroduce an aging technologist to the computer Blogging scene. Isn't he getting enough press with his space efforts?
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We own the rights also
JK of Seattle 27th Aug 2010
Notice in the funding that 3 govt agencies are also listed, which we provide funding to through our taxes. When is the U.S. tax payer going to reap the benefit of all these research efforts! All patents and copyrights that have financing of research thru govt should immediately be open source and license free to US citizens.
@JK of Seattle The idea is that you fund the innovation through your taxes. Otherwise, why innovate? All will just grow crops, dance, and enjoy their lives.
Millions of dollars wasted litigating. Just shows how broken our patent system is.
Prior art? Obviousness? No specific machine? Nothing but an algorithm?
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The American way
davidr69 27th Aug 2010
When you have nothing to offer the world, sue those who do.
It seems ridiculous that a suit involving Web browsers and the other patent items does not include Microsoft (of course, Mr. Allen has ties to Mr. Gates and MS).
What about Mozilla and it's predecessor firms? Are they going to be named in a separate suit?
I see this as a response to Apple, who is trying to patent any use of a mobile device for travel / reserving tickets / etc. A mobile device could be a smart phone, and could also be a laptop...

One view might be that _any_ such use is already claimed in the Allen patents, and this could force either cooperation, or a complete meltdown of the patent office.
@Jevans47 agreed. Apple patents are just plain common sense. The world is not going to tolerate such nonsense, and Paul Allen's firm is trying to show it.
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It's a yellow submarine
kdco 27th Aug 2010
Submarine Patents come in all shapes and sizes. In this case, Allen failed to take any measures to protect / enforce his work, which does not appear to have been leaked or stolen.

Instead, he surfed all these sites, consumed content, used the services - for 12 years, then suddenly scratched his head and said "whoa - my company is being damaged.... I need to correct this travesty."

Hurt how? Was he going to "limit the internet's functionality" deliberately by not using any of these patents? Does he loose commerce because of the other vendors?

If this type of patent enforcement were to prevail, then we all need to turn off the lights and go home.

The implications are serious. Want to gain a wind-fall some day? Just higher a few hundred interface designers / programers, and woodshed out 200-300 different screen layouts that may exist, but that have not yet been patented.

Perfect.

Then, sit and wait. If a major company uses a similar design, sue them.

America the ridiculous. Patents were design to protect innovation and intellectual capital, not graphic designs. For that, take the copyright approach.

Of course, Paul needs the cash. With Charter Cable hemorrhaging cash, the extra billion might come in handy.
Let's just shut down the Internet and go home. No? Then let's rework the patent process to be more appropriate in this time.

So many silly patents threaten to stifle innovation. I've read articles where I don't own all my own genes because of some stupid patents. Well, I do own my genes and I don't give a crap who has a patent on them! I assure you I had them first!!

Man, so much crap going on these days. Greed and crap!
@mustang_z BTW, since your genes were already patented, you and anything you do already belongs to those who patented them. Be prepared to pay big $$$ for even trying to express you opinion....
@pupkin_z

Hmmm. Maybe Microsoft has prior art and that's why they weren't sued.

I heard in 1995 that Microsoft patented the numbers zero and one, then announced that since all software uses the binary numbers 0 and 1, everyone who writes computer software owes them money.

happy
It is good for the economy. Many paralegals and office sweepers will have jobs because of it
This should scare you , especially if you are a small developer. What happens when you develop and custom app for a customer and then they decide they want to sell it. The app embodies their processes and way of doing things. What happends if someone got a patent on a similar process. Some "patent holder" feels violated and sicks his dogs on you. You don't have lawyer and cant afford one. Do you just hand over the code and walk away? Do you give the blood sucking patent troll a percentage?

These types of suites are going to kill innovation. If you invent something and are not going to put it to use then the period of protection should be short. When it comes to software...what if the concept has been in use secretly somewhere and then your secret leaks out and a troll comes after you?.....

Then again, if you are a small guy they might not even notice.

Man, what a mess.
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Why marked as spam? I was responding to
unclefixer@... Updated - 27th Aug 2010
@loufeliz In the situation you just described, if it were me, I probably would smile, hand over the code (thinking of other projects I've been working on) -
Then, I'd walk out to the parking lot, find the cars of the patent holders, p*** in the gas tanks, and cut the tires.
Then, I'd go home and laugh my ass off.
happy

www.dfwsupergeek.com
Interval was a joke from the beginning a plaything for Allen. If you visited it like I did the meaninglessness of it was clear immediately.

There is a reason Allen did not do any of the patents at issue. He is not an inventor and he proved it at Interval.

As to whether the suit is too late unless Allen practiced the inventions it certainly is not.

If only there was a derivative in lawyers salaries whooee, would we all be wealthy betting on this one!
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Just curious.
...to put a hit out on these people. Settle it the old fashioned way! happy
Seems most of of you don't understand what a patent is. Paul Allen is a billionaire so this is about laws and principal as he surely doesn't need the money. He is enforcing his patent for work his company did and got patented. Doesn't make any difference how long they waited to file suit as long as he holds the patent it is a a valid lawsuit.

So, tell me this. If you or the company you founded invented something, created something unique enough to get patented you wouldn't sue someone who breached it? Please, spare me.

Google and the others may not even have anything to offer were it not for patent infringement. Your arguments are weak.
@mwcorley@... I don't buy that... sure he's a billionaire and does not need the money but come on, it's been 12 years! I could see this if he sued say 10 years ago but to have gone through the last decade plus and suddenly decide that all of these companies are using his patent NOW?

To answer your question of if a company used something I had invented and patented without my permission hell yes I'd sue them as soon as I found out... I would not wait 12 years to do so.
@mwcorley@...

"Seems most of of you don't understand what a patent is."

How exactly is suing any of these corporations making anybody more innovative or inventive?
Either software is "transformative," resulting in a "new" thing, or it is not. If it is, then Patenting is appropriate, even desireable. If not then a whole lot of potential innovation will need support through grants and funding from sources other than private.
Personally, there should be one original software umbrella patent for the original concept designer-IBM?- with all other software issuing from licenses granted by IBM.
OR, and this is a biggie, software should ALL be open source, developed as necessary for the zillion application needed to run machines.

I don't think you can have it both ways. It is...or it isn't.
Now, turn it around. How much howling, screaming,and legislation would arise if the court decided that the whole software concept belonged to one person, or company?

Watch out below!
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RE: Paul Allen's Interval Licensing sues Google, Apple, others over patents
tomlin21-24319035676893835085146735905770 11th Oct
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