United States District Court for the Western District of Washington
Case No. 2:08-cv-01579-RSM, Filed October 27, 2008
On July 9, 2009, ADC filed a motion for stay of proceedings pending the outcome of reexamination proceedings ADC initiated in the USPTO with respect to each of the five patents-in-suit. On July 21, 2009, the court entered the stipulated motion to stay the proceedings pending the outcome of requests for reexamination. Plaintiff was ordered to file a status report every six months advising the court of the progress of the reexamination requests. The third and latest status report was filed on January 20, 2011. Plaintiffs are still awaiting reexamination at the PTO.
Case Update 3/25/09:
In a previous post, we reported on the filing of this patent lawsuit regarding pay-for-download software over a computer network, e.g., including games. Well it appears that Sony is out of the lawsuit, and Microsoft & Nintendo remain. The dismissal was voluntary by ADC, as Sony never made an appearance in the lawsuit. The dismissal is also without prejudice, which means that ADC could refile a lawsuit against Sony regarding these same patents in the future. In interesting twist, to be sure. If we find out more, we'll let you know.
ADC Technology on October 27, 2008, filed a new patent infringement lawsuit against Microsoft, Nintendo, and Sony, alleging that each of the Xbox360, Wii, and PlayStation3, respectively, infringe on one or more of 5 different patents owned by ADC. The case was filed in the Western District of Washington, and is captioned ADC Technology, Inc. v. Microsoft Corp. et al., and is case number 2:08-cv-01579. Here is a copy of the complaint: ADC.pdf
The patents in suit are:
- 5,775,995: Interactive Communication System for Communicating Video;
- 6,193,520: Interactive Communication System for Communicating Video Game & Karaoke Software;
- 6,488,508: Interactive Communication System for Communicating Video Game & Karaoke Software;
- 6,702,585: Interactive Communication System for Communicating Video Game & Karaoke Software; and
- 6,875,021: Interactive Communication System for Communicating Video Game & Karaoke Software.
1. A software distributing system for
- transmitting at least one of the program, the data, and a combination of the program and data stored in a database provided in a distribution center to a requested communication terminal device via communication lines;
- storing the transmitted program, the data, and the combination of the program and data in a memory provided in the communication terminal device; and
- enabling execution of the program or data processing according to the program, the data, and the combination of the program and data in the memory,
- said distribution center comprising:
- a transmitter device for transmitting the program, the data, or the combination of the program and data at the request of said communication terminal devices to said communication terminal device; and
- a charging device for charging a fee for at least one use of the transmitted program, the data, or the combination of the program and data in said communication terminal device.
I have not studied the patent specifications in depth, and this is just my initial cursory thoughts. The opinions in this article are not legal opinions of validity, invalidity, infringement, or noninfringement, but are rather intended as a general introduction to the issues. We will add this case to our tracker list and keep you posted.