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>ADC v. Microsoft Update
>ADC Technology, based in Nagoya, Japan, launched a patent infringement suit in October, 2008, against Sony, Microsoft, and Nintendo, accusing them of infringing five ADC patents relating to interactive communication in video games. The U.S. District Court for the Western District of Washington on Monday granted ADC’s voluntary motion to dismiss Sony, leaving only Microsoft and Nintendo as the remaining defendants. ADC alleges that the Xbox 360 video game console (with Xbox Live) violates five, and the Wii, three, of the patents at issue.ADC is asserting Patent Numbers 6,193,520, 6,488,508, 6,702,585 and 6,875,021, all titled “Interactive communication system for communicating video game and karaoke software”; and Patent Number 5,775,995 titled, “Interactive communication system for communicating video.” The patents describe a remote distribution system that allows customers to download software for use on devices and charges those players a fee for using the downloaded software. The case is still in its… Continue Reading
>Patent Re-Exams
>While I can’t go into specifics, I can say that we (Haynes and Boone) are one of the most prolific filers of patent re-examinations in the country. For those of you that haven’t dealt with patents much, a patent re-examination is a filing with the U.S. Patent Office to request that they take a second look at the validity a particular patent. In recent years this has become a highly successful strategic tactic in patent disputes.As we’ve mentioned in the past, (in this blog post and in this paper) patent lawsuits are exploding across the video game arena. With this rise of lawsuits, I would also expect the desire for re-exams to increase, as well. When considering filing a re-exam, there are numerous aspects to contemplate, but an important one is timing. The timing for filing impacts the ability for you, as the (potential) defendant, to halt the litigation while… Continue Reading
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