Court Dismisses Paul Allen’s Lawsuit Against Apple

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Microsoft co-founder Paul Allen was dealt a legal setback when his patent infringement lawsuit against Apple and several other companies was dismissed. The lawsuit was tossed out of court because the judge overseeing the case ruled that Mr. Allen failed to identify any products that actually infringe on his patents, according to the Wall Street Journal.

“The allegations in the complaint are spartan,” ruled U.S. District Court Judge Marsha Pechman.

Mr. Allen filed the lawsuit in August alleging that Apple, Google, Facebook, Office Depot, OfficeMax, staples, Yahoo, YouTube, Netflix and eBay were infringing on patents he owns that cover “the ways that leading e-commerce and search companies operate today.” The lawsuit was filed by Mr. Allen on behalf of his now defunct Interval Research Corporation.

The patents named in the lawsuit cover “a browser for use in navigating a body of information, with particular application to browsing information represented by audiovisual data,” an “attention manager for occupying the peripheral attention of a person in the vicinity of a display device,” and a system for “alerting users to items of current interest.”

Despite Judge Marshall’s ruling, Mr. Allen’s case isn’t necessarily dead in the water. Mr. Allen’s legal team has until December 28 revise the complaint.

Mr. Allen is remaining positive despite the setback, too. “The case is staying on track,” commented his spokesman David Postman.

Comments

geoduck

Another site pointed out that Allen was suing everyone EXCEPT Microsoft despite the fact that MS was doing the same thing everyone else was.

John Dingler, artist,

Allen seems to be describing Netscape Navigator as well as AOL’s “You’ve Got Mail” chime.

However,

?...a browser for use in navigating a body of information,
with particular application to browsing information represented by audiovisual data…,?
?...attention manager for occupying the peripheral attention of a person in the vicinity of a display device…,?
“...a system for ?alerting users to items of current interest…,?

seems to describe one’s eyes, ears, and brain.

NN is no longer in business, he’s not going after AOL, and, if eyes, ears, and brain are offenders, then he needs to sue himself first to show us that he is not simply singling out others.

Nemo

When a plaintiff is alleging infringement, it is among the essential elements of the claim that the plaintiff allege that a particular defendant’s device is infringing and allege that device contains the infringed invention without a license to do so.  Allen is lucky that Apple et al. didn’t ask for sanctions for Allen having filed a frivolous lawsuit, which they may do, if Allen exercises his leave to refile and then still fails to show that any of defendants’ devices infringed his patented invention.  Sanctions at minimum would be for all of the defendants’ actual and reasonable costs of defending Allen’s patent suit, plus interest.

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