News From Terre Haute, Indiana

Community News Network

January 27, 2014

Google wins $1 victory against patent owner harassing customers

WASHINGTON — A $1 victory for Google could mean a whole lot more in savings for some of its customers.

A federal jury in Marshall, Texas, said Jan. 23 that patent-licensing company Beneficial Innovations breached a settlement agreement with Google by suing its customers. The jury awarded nominal damages of $1, which was all Google sought because its main goal was to make clear that its customers were covered by the license.

The case illustrates how technology companies are fighting patent-licensing firms that sue their customers. Companies such as Google and Adobe are increasingly challenging patents in courts and before the U.S. Patent and Trademark Office, and are asking Congress to pass legislation to discourage lawsuits against the users of technology.

"We have the resources, we understand the technology, we know how our product is supposed to be used, and we're in the best position to defend our customers," said Dana Rao, associate general counsel at Adobe, which has sued patent- licensing companies on behalf of its customers.

Closely held Beneficial, incorporated in Nevada, filed patent-infringement suits against Google in 2007 and 2009, and the two sides reached an agreement in which Google paid for a license to the patents. That 2010 accord also covered customers using Google's DoubleClick advertising product including Autotrader.com and Demand Media, Mountain View, Calif.-based Google said.

"Beneficial went back on the terms of its own license agreement, pursuing our customers for simply using our licensed services," Matt Kallman, a Google spokesman, said in a statement. "This is a great outcome that the jury worked hard to get right."

The patents relate to playing games on a network and a networking system for advertising. Beneficial argued that the customers were only licensed under certain circumstances, which didn't apply in this case, according to court records. Beneficial lawyer Elizabeth DeRieux of Capshaw DeRieux in Gladewater, Texas, didn't provide a comment.

The tactic by technology companies of claiming customers are covered by a patent license has its limits. Apple sought to invalidate patents asserted against developers of applications for its iPhone and iPad tablet computer. The patent owner, Lodsys LLC, settled with all of Apple's customers, thus pushing Apple out of the case, and then proceeded against other developers.

Federal law says suits can be filed against anyone who makes, uses, sells or offers to sell a product that infringes a U.S. patent. Sometimes the product manufacturer can't be identified, isn't subject to the jurisdiction of U.S. courts because it only operates overseas, or the product is modified by the customer.

In those instances, users or sellers have to be sued, said Robert Stoll of Drinker Biddle in Washington, who formerly ran patent operations at the patent office.

It's only been since 2011 or so that firms who buy up patents to seek royalties, known by the pejorative "troll," have been going after the users of products made by well-known companies like Google and Adobe, Rao said.

The technology companies can be made to cover any lawsuit costs incurred by their customers, so resolving a single suit avoids multiple payouts. It also just makes good business sense.

"People want to make sure they've got their reputation maintained with their user community," Stoll said. "I wouldn't be buying their products if they didn't step in to protect me."

If a company proves its product doesn't infringe a patent, then all of its customers are off the hook. Should the company invalidate the patent, then anyone sued by the patent owner would be in the clear. Adobe has several trials scheduled for this year, Rao said.

"We'll use all of the tactics to try to take down the patent trolls," Rao said. "The problem is that, while we're able to step in and defend our customers in many district courts, the pace of these litigations is just growing."

Congress is considering legislation that would put suits against end users on hold until litigation is resolved between the manufacturer and patent owner.

In the meantime, more suits like those filed by Google and Adobe, could be in the offing.

"It makes good company sense," Stoll said.

1
Text Only | Photo Reprints
Community News Network
  • Victimized by the 'marriage penalty'

    In a few short months, I'll pass the milestone that every little girl dreams of: the day she swears - before family and God, in sickness and in health, all in the name of love - that she's willing to pay a much higher tax rate.

    April 15, 2014

  • Allergies are the real midlife crisis

    One of the biggest mysteries is why the disease comes and goes, and then comes and goes again. People tend to experience intense allergies between the ages of 5 and 16, then get a couple of decades off before the symptoms return in the 30s, only to diminish around retirement age.

    April 15, 2014

  • treadmill-very-fast.jpg Tax deduction for a gym membership?

    April marks another tax season when millions of Americans will deduct expenses related to home ownership, children and education from their annual tax bill. These deductions exist because of their perceived value to society; they encourage behaviors that keep the wheels of the economy turning. So why shouldn't the tax code be revised to reward preventive health?

    April 15, 2014 1 Photo

  • bomb1 VIDEO: A year after marathon bombing, Boston remains strong

    The City of Boston came together Tuesday to honor those who were injured and lost their lives at the Boston Marathon on the one-year anniversary of the bombing. While the day was sure to be emotional, those affected by last year's race are showing they won't let the tragedy keep them down.

    April 15, 2014 1 Photo

  • Google acquires drone maker Titan Aerospace to spread Internet

    Google is adding drones to its fleets of robots and driverless cars.
    The Internet search company said it acquired Titan Aerospace, the maker of high-altitude, solar-powered satellites that provides customer access to data services around the world. Terms of the deal weren't disclosed.

    April 14, 2014

  • E-Cigarettes target youth with festivals, lawmakers say

    The findings, in a survey released Monday by members of Congress, should prod U.S. regulators to curb the industry, the lawmakers said. While e-cigarettes currently are unregulated, the Food and Drug Administration is working on a plan that would extend its tobacco oversight to the products.

    April 14, 2014

  • Search teams will send unmanned sub to look for missing Malaysian airliner

    Teams searching for a missing Malaysian airliner are planning for the first time to send an unmanned submarine into the depths of the Indian Ocean to look for wreckage, an Australian official leading the multi-nation search said Monday.

    April 14, 2014

  • Why Facebook is getting into the banking game

    Who would want to use Facebook as a bank? That's the question that immediately arises from news that the social network intends to get into the electronic money business.

    April 14, 2014

  • Screen shot 2014-04-11 at 4.49.09 PM.png Train, entertain your pets with these 3 smartphone apps

    While they may not have thumbs to use the phone, pets can benefit from smartphone apps designed specifically for them.

    April 11, 2014 1 Photo

  • Stepping forward: The real Colbert

    Letterman changed the late-night TV game between his run on NBC's "Late Night" and starting the "Late Show" franchise in 1993. And while it's tough to replace a pop-culture icon, Colbert, in terms of pedigree and sense of humor, makes the most sense.

    April 11, 2014

  • Millions of Android phones, tablets vulnerable to Heartbleed bug

    Millions of smartphones and tablets running Google's Android operating system have the Heartbleed software bug, in a sign of how broadly the flaw extends beyond the Web and into consumer devices.

    April 11, 2014

  • 25801486.jpg VIDEO: Northern California bus crash kills 10

    At least nine people died in Northern California on Thursday night, in an accident involving a bus, a car and FedEx truck. The bus was filled with high school students from Southern California who were on their way to visit a college campus.

    April 11, 2014 1 Photo

  • Teens trading naked selfies for mugshots

    Will teenagers ever learn? You think yours will. Maybe so. But it's likely that was also the hope of the parents of children who were so shamed by nude photos of themselves that went south - how else can they go - that they killed themselves.

    April 10, 2014

  • Boston doctors can now prescribe you a bike

    The City of Boston this week is rolling out a new program that's whimsically known as "Prescribe-a-Bike." Part medicine, part welfare, the initiative allows doctors at Boston Medical Center to write "prescriptions" for low-income patients to get yearlong memberships to Hubway, the city's bike-share system, for only $5.

    April 10, 2014

  • DayCareCosts.jpg Day care's cost can exceed college tuition in some states

    Most parents will deal with an even larger kid-related expense long before college, and it's a cost that very few of them are as prepared for: day care.

    April 10, 2014 1 Photo

  • VIDEO: CBS taps Colbert as Letterman’s Late Show successor

    Bloomberg’s Jon Erlichman reports that CBS has announced Stephen Colbert as its choice to replace the retiring David Letterman as host of “The Late Show” on Bloomberg Television’s “Lunch Money.”

     

    April 10, 2014

  • Screen Shot 2014-04-10 at 10.25.07 AM.png VIDEO: Cement truck crashes into minivan

    A professor at Texas A&M University was fortunate to escape serious injury recently when a cement truck ran a red light at a College Station intersection and crashed head-on into his minivan. A dash camera that Dr. Guan Zhu had installed about a year ago captured the entire incident.

    April 10, 2014 1 Photo

  • 2012_Mazda6_--_NHTSA.jpg Brakes, steering and...spiders? What's behind the latest auto recalls

    11 million vehicles have already been recalled in 2014 for everything from power steering failure to vulnerability to spider attack.

    Check out the full list of 2014 recalls.

    April 9, 2014 1 Photo

  • Screen Shot 2014-04-09 at 5.06.43 PM.png Spartans mourn passing of 'Princess Lacey'

    Lacey Holsworth, the 8-year-old cancer patient from Michigan who befriended Michigan State forward Adreian Payne and established a bond with his teammates before and during the Spartans’ run to the Elite Eight, died at her home late Tuesday night, her family said.

    April 9, 2014 1 Photo

  • Screen Shot 2014-04-09 at 4.02.29 PM.png VIDEO: Nebraska prom mishap goes viral

    A group of 22 high school students from Pierce, Neb., all decked out in prom finery, took an unplanned dip in a four-foot-deep pond when the bridge they were posing on for pictures gave way. Photos from the incident have gone viral on social media.

    April 9, 2014 1 Photo

  • Is a paleo vegetarian diet possible?

    Research shows most people can follow a regimented eating plan for a short time. That's not the challenge. The challenge is finding a healthful eating plan you can follow day after day and achieve your long-term health goals. At this point, it doesn't appear that the paleo eating plan meets these objectives for most people.

    April 9, 2014

  • 10 tips for surviving a severe allergy season

    My colleague Brady Dennis reported recently that the arrival of warmer weather will soon unleash a pollen tsunami in parts of the country where the winter has been especially long and cold. Here are some survival tips from Clifford W. Bassett, an allergy specialist and assistant clinical professor of medicine at the New York University School of Medicine.

    April 9, 2014

  • 140407_GT_OUT_Forster_1.jpg Revolutionary War flag could fetch millions at auction

    An iconic piece of history from the Revolutionary War is up for auction through Doyle New York, an auction and appraising company in New York City.

    April 9, 2014 1 Photo

  • pix_internet_security_01.jpg 'Heartbleed' flaw leads security experts to urge password changes

    Security experts are urging consumers to change their Web passwords after the recent disclosure of a vulnerability touching wide swaths of the Internet, even as Google, Facebook and large banks said they weren't affected.

    April 9, 2014 1 Photo

  • hank_aaron_display_image.jpg VIDEO: Aaron's historic homer

    On the 40th anniversary of Hank Aaron's record-breaking 715th career home run, take a look at the historic moment as it happened.

    April 8, 2014 1 Photo

  • Fast, cheap test can help save lives of many babies

    As Easley did more research into her daughter's death, she learned that a pilot program had started just months earlier at Holy Cross Hospital in Silver Spring, Md. (Easley had delivered at a different hospital in the Washington area.) The program's goal was to screen every newborn with a simple pulse oximeter test that can help detect heart problems such as Veronica's, allowing doctors to respond.

    April 8, 2014

  • To get quality care, it helps to be the right kind of patient

    I am a family physician. Sometimes I must step out of the comfort of my clinical role and into that of patient or family caregiver. Generally, these trips to the other side of the exam table inspire a fair amount of anxiety.

    April 8, 2014

  • Elite SEAL Team Six seeks $11 million for a new fitness center

    The elite Navy SEAL team that killed Osama Bin Laden and inspired Hollywood wants an extra $11.1 million for a "Human Performance Center."
    The request is among $400 million in unfunded priorities that the U.S. Special Operations Command submitted to Congress on April 1 as part of a $36 billion wish list from the military services and combat commands.

    April 8, 2014

  • Screen Shot 2014-04-08 at 2.16.35 PM.png Are Americans smart to stop drinking diet sodas?

    Recent data from Beverage Digest suggest many are cutting back on diet sodas. Consumption of diet sodas fell more than that of sugary sodas in 2013. This raises two questions: Why is total consumption declining, and is drinking diet soda harmful to health?

    April 8, 2014 1 Photo

  • news_twitter.jpg Travelers fly on Air Twitter

    The enlightened age of social media has dawned over the airline industry, casting shadows over telephone call centers and on-site agents. Facebook and Twitter are racking up the friends and followers while the hold music plays on.

    April 8, 2014 1 Photo

Latest News
TribStar.com Poll
AP Video
Ukraine: Military Recaptures Eastern Airport NASA Showcases Lunar Eclipse Raw: Storm Topples RVs Near Miss. Gulf Coast Pistorius Cries During Final Cross-Examination Raw: Kan. Shooting Suspect Faces Judge Raw: Horse Jumping Inspires 'Bunny Hop' Tributes Mark Boston Bombing Anniversary Police: Woman Stored Dead Babies in Garage First Women Move to Army Platoon Artillery Jobs US Supports Ukraine's Efforts to Calm Tensions Sex Offenders Charged in Serial Killings Michael Phelps Set to Come Out of Retirement The Boston Marathon Bombing: One Year Later OC Serial Murder Suspects May Have More Victims India's Transgenders Celebrate Historic Ruling New Tactic Deployed in Search for Plane Suspect in Kansas Shootings Faces Murder Charges Scott Brown Announces Run for U.S. Senate in N.H Police: Blast in Nigerian Capital Kills 71 Hate Seen As Motive in Kansas Shooting
NDN Video
8-year-old Boy Gets His Wish: Fly Like Iron Man Toddler climbs into vending machine Much-Anticipated 'Gone Girl' Trailer Finally Debuts! (VIDEO) Dog and Toddler Wear Matching Outfits in Adorable Photo Series VP Biden: "World witnesses ordinary citizens doing extraordinary things" It's Official! Michael Strahan Joins "GMA" Blood Moon Time-lapse Actress Lake Bell Goes Topless The Five Weirdest Local Taxes in America Applicants Vying for 'World's Toughest Job' Get Heartwarming Surprise Awkward: Crist catches Lt. Gov. insulting him on camera NASA Showcases Lunar Eclipse US Airways Tweets Graphic Photo of Nude Woman Behind the scenes of the Marathon anniversary photo shoot American Airlines Responds After Girl Tweets Alleged Terror Threat 'Joke' Charlie White's "Dancing" Mistake Olympic Great & Baltimore Native Michael Phelps Ends Retirement; Eyes Rio 2014 NFL Draft: Potential Booms And Busts William and Kate Squash Baby No. 2 Rumors With a Wine-Tasting Trip Who Showed Up at Coachella?
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity