Graphics Patent Owner Sues Microsoft, Sony, and Others

[Moss]

By Tony Smith
Published Friday 5th November 2004 15:40 GMT

The massive programme of legal action against alleged infringers of a series of patents covering graphics and other computing techniques has been extended to console hardware vendors Sony, Microsoft and Nintendo.

The news follows yesterday's revelation that 18 PC hardware companies had also been targeted, alongside 12 games software publishers.

The console makers are accused of infringing two patents, 5,109,520 and 4,734,690. The latter essentially covers representing a dynamic 3D environment and objects on a 2D display, and is the same patent the games publishers have been alleged to have violated. The former is entitled 'Image frame buffer access speedup by providing multiple buffer controllers each containing command FIFO buffers', and is cited in the action against the PC makers.

In each case, the plaintiff is seeking a jury trial, and wants it the defendants to cough up legal costs, damages and both pre- and post-judgement interest on the damages.

With patent applications stretching right back to the mid-1980s, why has it taken so long for key hardware vendors and games software publishers to be sued for alleged infringement of a series of patents covering 3D graphics? Because the current owner of the intellectual property in question only took possession on 16 June 2004.

The current owner is one American Video Graphics, of Marshall, Texas. It's the company on whose behalf Dallas-based law firm McKool Smith - the name most associated with the current litigation - has filed complaints with the District Court for Eastern Texas against HP, Dell, IBM, Gateway, Acer, Sony, Toshiba, MPC, Systemax, Fujitsu, Micro Electronics, Matsu****a, Averatec, Polywell, Twinhead, Sharp, Uniwill and JVC.

Games publishers on the receiving end of a writ include Electronic Arts, Take-Two, Activision, Atari, THQ, Vivendi Universal, Sega, Square Enix, Tecmo, Lucasarts, Namco and Ubisoft.

All these companies are charged with violating AVG's intellectual property rights by allegedly transgressing one or more of 25 separate patents originally filed by and granted to Tektronix. The patents were assigned between 1987 and 1992, and all were sold by Tektronix to a number of third-parties.

Patent number 4,734,690, for example, the patent the games publishers are alleged to have infringed, had two owners between Tektronix and AVG: David G White and Research Investment Network, inc. Others have longer ownership routes from the inventor to AVG.

The patents were sold by Tektronix at various points between 1999 and 2004. It's not clear whether any of the patents' previous owners pursued Sony, Nintendo, Microsoft and the others, but their swift sale suggests they were purchased for sale rather than exploitation.

AVG clearly feels differently and its mass-action suggests it believes it has a strong chance of success. Typically, IP owners pursuing large companies will chose one to fight and potentially make an example of in the hope of persuading others to sign up in the meantime and to limit their exposure should the action fail. ®

What do you make of this? Any chance the suit actually goes through?

 

[stormbind]

These patents are going to destroy the industry and hike prices for regular consumers. It's all terrible news.

Ban software patents!!

 

[Syterion]

Against all those companies, these people have no chance. Even if they have a right to it, the game companies could tie them up in litigation for years and years.

 

[Paradigne]

C'mon. Microsoft made all it's money stealing from the little guy. Why would they stop now?

 

[Aphex_Twin]

Well... if software patents are against Microsoft interests maybe they will be over and done with after all.

 

[King Alexander]

Don't expect to find logic in the way the software is made, with various incompatibilities and refusal for some co-operation from the software companies.

Would you EVER buy a car, where you're told by it's manufacturer that the car has probably some cons/faults, but they will repair them for you with a future "update" if you'll accept to pay some more money with the car's initial payment??????? Unacceptable.

I think that software companies should come to an agreement about patents for the sake of themselfs and the consumers.

 

[blindside]

I'm going to support the game companies here. This is suicide anyway. Microsoft, IBM, HP, Sony, Dell are going to absolutely destroy them, destroy each individuals career in every manner. You can't fight companies like these.

 

[Moss]

I'm going to support the game companies here. This is suicide anyway. Microsoft, IBM, HP, Sony, Dell are going to absolutely destroy them, destroy each individuals career in every manner. You can't fight companies like these.

I don't know if you can say you can't fight...stranger things have happened.

But I agree...I think it's stupid and why the 12 year wait? And won't the fact that the person/company just bought the patent have some effect since the previous owner did not seek legal action...

 

[Gingerbread Man]

Well, at least for once major software companies will be pushing against software patents.

If I am writing a piece of software, I run the risk of infringing someone else's software patent, not even knowing it, and then getting sued for millions of dollars. It is a joke, and simply has to end - did you know it is illegal to create a progress bar? Or an ordering button on an online store? Or a double-click on your PDA?

 

[sourboy]

What a sad world this is.

I can't stand this crap anymore.

 

[Plexus]

Great, another SCO.

 

[Aphex_Twin]

Europe, If I recall did reject software patents. For how long have they been legal in the US?

 

[Jawz II]

a year ago i saw this thing on the news about a swedish programmer that wrote some program years ago, like in mid 80s that allows computers to display colours on the monitor

or something similar(i know jack spit about programming)

and what he wrote is still being used, but all the companies ignore his patent and havent paid him crap, including microsoft and IBM

same with the guy that invented the computer mouse


now, are these the same companies that whine and moan when people rip them off by illegaly copying softwear??

i wish there was a smiley for "the worlds smallest violin"

what a tragedy!!