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Paul Allen's company sues Apple, Google

Microsoft co-founder Paul Allen has formally sued Apple, Google and several others over the use of technologies for which he holds the patents.

The Wall Street Journal was unable to reach any of the parties involved for comment, but notes that Allen has been going after companies, many of them high-profile, that he believes are using software that was developed in his Silicon Valley laboratory several years ago.

The suit identifies four specific patents. Each appears to be a huge part of how contemporary e-commerce and Internet search tools work. For example, one addresses how websites suggest products based upon customers' recent searches. Another lets those reading a news story quickly find related stores, while the two others let ads and news items, among other things, flash on a computer screen adjacent to what the user is directly looking at. No specific dollar amount was identified.

Allen's spokesman, David Postaman, told the Journal, "Paul thinks this is important, not just to him but to the researchers at Interval who created this technology." Others named in the suit include Ebay, Facebook, Netflix and Aol (Note: TUAW is owned by Aol).

We'll keep an eye on this story and post any updates.


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Microsoft co-founder Paul Allen has formally sued Apple, Google and several others over the use of technologies for which he holds the...
 

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lens

If this lawsuit goes as famously bad as most of his other post-Microsoft investments, then Google, Apple, etc. have nothing to worry about.

August 29 2010 at 4:23 AM Report abuse rate up rate down Reply
si

I still don't see how software can be patentable. Lets say for a second that software is genuinely patentable (as american IP law says it is) how would you ever conclusively prove that the technical method of doing something, in code, is the same as the patented method. After all simply placing stuff on certain parts of a screen or generating recommendation based on previous purchases is surely not patentable? I would imagine it would fail the obviousness test and the lack of a technical effect test as well.

I'm no expert but these are just my thoughts.

Si

August 28 2010 at 4:22 AM Report abuse rate up rate down Reply
Tagbert

This is why software patents are really bad for everyone except the lawyers. They stifle innovation and the normal development process that actually builds on the work of others. "invention" is a romantic fiction that is being used as a legal club by bullies wishing to keep down the competition and causing a lot of collateral damage in the process.

August 28 2010 at 2:06 AM Report abuse rate up rate down Reply
Izzy

So basically Paul says he owns the World Wide Web even though there weren't any browsers or ideas for browsers back then.

August 27 2010 at 8:38 PM Report abuse rate up rate down Reply
Roger Wilco

Mike,

I'm in no way defending what Paul Allen is doing but you obviously know nothing about intellectual property law. Trademarks and Patents are for completely different things. They already "filled out some forms" to get the patents now being defended. Trademarks are for protecting a brand, patents are for protecting inventions. Nobody needs to be fired, unlike you they know that the appropriate website is uspto.gov.

August 27 2010 at 8:09 PM Report abuse rate up rate down Reply
Jimbo von Winskinheimer

Perhaps Allen will be willing to drop his suit if all of those companies don't go after him for being the co-founder of one of the biggest idea stealing companies in the history of the country. Microsoft never came up with one original idea. Oh wait, I forgot Clippy the paperclip from MS Office. Allen is a toolbag and should be ridden out of court.

August 27 2010 at 7:32 PM Report abuse rate up rate down Reply
Michael Murdock

Maybe if he was so interested in protecting their IP, he should have trademarked it at the time that it was being created. It would be akin to Pixar doing work on specific digital camera technology, then walking away from it and coming back 12 years later and saying "hey we made that, but we forgot to trademark it, so now we want our money after you've done all the work marketing and perfecting it". Of course in the case of Pixar, they're smart and don't pull crap like this.

We can't say the same of Mr. Allen and his 'group'. Seems like someone there needs to be fired and he should get someone that knows how to operate a computer to visit www.loc.gov and start filling out some forms and substantiating every claim going forward.

Mike

August 27 2010 at 5:55 PM Report abuse rate up rate down Reply
1 reply to Michael Murdock's comment
Charli

Sorry to pick a nit, but you need to do some more background reading on IP. This is NOT a trademark issue. It's a patent issue.

And it is possible that they did file a patent at the time. Unlike trademarks, you don't have to continuously and vigorously protect a patent or lose the right to do so later.

Now the catch is the nature of the patent. If they just patented the idea and not a specific technology then the other side can argue various patent rules regarding improvement to say that yes they have a right to their way of doing X even if they didn't have the idea to do X in the first place. It's a kin to the copyright rule that you can't copyright an idea just the details. Thus why we have similar movies, books etc.

August 28 2010 at 1:48 PM Report abuse rate up rate down Reply
STEVE

Nobody can work the legal/political angles like Paul Allen - these things are at the core of everything he does. The Microsoft way.

August 27 2010 at 4:59 PM Report abuse rate up rate down Reply
stucco_x

In defense of Mr. Allen, he ONLY has $13.5 Billion, and that doesn't go as far these days, and he probably needs to scrape up some more money to pay for his medical bills.

August 27 2010 at 4:53 PM Report abuse rate up rate down Reply
eric meek

its ironic how MS ripped off Apple GUI but Allen is suing for this. lol.

August 27 2010 at 3:55 PM Report abuse rate up rate down Reply
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