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Paul Allen's lawsuit against Apple dismissed, Allen to refile

post #1 of 33
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Microsoft co-founder and billionaire Paul Allen's lawsuit against Apple and 10 other major tech companies hit a snag Friday when a judge dismissed the complaint for being too vague in its allegations. Allen has until Dec. 28 to file an amended complaint.

Allen initially filed the suit in August through his now-defunct Interval Research Corp, claiming that Apple had infringed on four patents related to e-commerce and Internet search. 10 other companies are named in the suit, including Google, Facebook, Yahoo and AOL.

In October, Apple and the other defendants filed a request to dismiss the charges. The accused companies asserted that Allen's clams were too broad.

"Interval has sued eleven major corporations and made the same bald assertions that each defendant infringes 197 claims in four patents," Apple wrote in the motion. "As the U.S. Supreme Court noted in Twombly, it is in this type of situation in which courts should use their 'power to insist upon some specificity in pleading before allowing a potentially massive factual controversy to proceed.'"

According to The Wall Street Journal, U.S. District Judge Marsha Pechman dismissed Allen's original complaint Friday, siding with the defendants.

"The allegations in the complaint are spartan," wrote Judge Pechman, setting a Dec. 28 deadline for Allen's company to file a more specific complaint.

Allen's spokespeople called the dismissal a "procedural issue," and reassured that "the case is staying on track."

Alan Fisch, a lawyer not involved in the case, said Allen's attorneys shouldn't have any trouble rewriting the complaint to meet the higher standards for specificity. "I would see this as a temporary setback or speed bump on the road that will be this litigation," said Fisch.

For several years now, Apple has held the unfortunate title of world's most-sued tech company. As a result, the Cupertino, Calif., is recruiting lawyers with applicable intellectual property experience. According to Businessweek, Apple has also hired "some of the nation's top patent lawyers as outside counsel."

Apple is engaged in numerous legal battles against its competitors. Earlier this month, Apple added 12 more patents to its lawsuit against Motorola, bringing the total number of patents that Apple claims Motorola is infringing upon to 24. By comparison, Motorola alleges that Apple has violated 18 of its own patents.

Nokia and Apple are also facing each other in a lengthy legal confrontation. Last year, Nokia sued Apple over the iPhone's use of patented wireless standards. Apple promptly countersued, alleging that the Finnish company infringed on 13 of its patents.

Allen's suit specifically references the following four patents:
United States Patent No. 6,263,507 issued for an invention entitled "Browser for Use in Navigating a Body of Information, With Particular Application to Browsing Information Represented By Audiovisual Data."
United States Patent No. 6,034,652 issued for an invention entitled "Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device."
United States Patent No. 6,788,314 issued for an invention entitled "Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device."
United States Patent No. 6,757,682 issued for an invention entitled "Alerting Users to Items of Current Interest."
post #2 of 33
Quote:
Originally Posted by AppleInsider View Post

United States Patent No. 6,263,507 issued for an invention entitled "Browser for Use in Navigating a Body of Information, With Particular Application to Browsing Information Represented By Audiovisual Data."

so you can not look at things that have video and audio... sounds like a few thousands companies/programs can be sued over this.. vague (idk what it really means really, this is an interpretation, this goes for all my replies)
Quote:
Originally Posted by AppleInsider View Post

United States Patent No. 6,034,652 issued for an invention entitled "Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device."

someone close to a device is drawn to see the device by a program.... totally.... thats like any program that draws users attention right?
Quote:
Originally Posted by AppleInsider View Post

United States Patent No. 6,788,314 issued for an invention entitled "Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device."

this is the same as the last WTF? same thing different patent number? was this patent made so that they could make double $ from suing?
Quote:
Originally Posted by AppleInsider View Post

United States Patent No. 6,757,682 issued for an invention entitled "Alerting Users to Items of Current Interest."

u mean any program that has a pop-up, or a notification of any kind....


i pronounce these ultra vague, and used commonly, as well as 2 of them being the exact same

PC means personal computer.  

i have processing issues, mostly trying to get my ideas into speech and text.

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PC means personal computer.  

i have processing issues, mostly trying to get my ideas into speech and text.

if i say something confusing please tell me!

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post #3 of 33
Even with all that money and that really big boat, Allen must be bored.
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post #4 of 33
Pretty sickening, really.

I have applied for patents before. You have to be ultra-specific in describing your invention. I have had to rewrite my application four times thus far, and am currently working on the fifth.

I can assure you that my patent's title and description are a lot more informative than: "Alerting Users to Items of Current Interest."

I mean, what the fuck is that?

I throw a lemon at your house to let you know there is something cool on TV?

PATENT GRANTED.
post #5 of 33
This is high on my list with what's wrong with the world. Definitely behind starvation and oppression... but ahead of music piracy... for sure.
post #6 of 33
Just skimmed patent 6,263,507 (56-pages!!) and it's geared toward browsers vs a device. It goes as far as to use the term "news browser" which could be a suit against any company that produces a modern browser. I get where what the patent is talking about was novel for 1996, but not being a lawyer myself, I would think there would be something about the "natural evolution" especially when you look at technology. Then again look how long it takes for amendments to catch up, case in point the Digital Millennium Copyright Act.

Either way it will end with corporations throwing around more money than any of us will ever see in our lifetime.
post #7 of 33
Quote:
Originally Posted by danielshock View Post

This is high on my list with what's wrong with the world. Definitely behind starvation and oppression... but ahead of music piracy... for sure.

Where does it rank against Jailbreaking? Ahead or behind?
post #8 of 33
Quote:
Originally Posted by enohpI View Post

Where does it rank against Jailbreaking? Ahead or behind?

To answer this question, place a mirror in a large tub of water. Then, straddling the mirror, dip your head in the water by bending over, and hold your breath. Open your eyes. The first thing you see, a head or a behind, is your answer.
post #9 of 33
for being a billionaire.. he shoulda been smart enough to file this in east texas and bought the judge a few gifts.

Just like everyone else who sues apple.
post #10 of 33
...was epic! Good job!
Quote:
Originally Posted by Flaneur View Post

To answer this question, place a mirror in a large tub of water. Then, straddling the mirror, dip your head in the water by bending over, and hold your breath. Open your eyes. The first thing you see, a head or a behind, is your answer.
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Knowing what you are talking about would help you understand why you are so wrong. By "Realistic" - AI Forum Member
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post #11 of 33
I haven't read the opinion, but it seems that this motion to dismiss that was granted was a FRCP 12(b)(6). The Supreme Court in Twombly and Iqbal required that the facts put forth in the complaint lead to a plausible connection to afford a remedy. In this case, it seems like a simple fix would be made to get past the complaint stage in the future. Long story short... Apple won on procedure (dismissed).
post #12 of 33
I'm going to patent "A device by which to state the bleeding obvious then sit patiently for 20 years until people are doing what was bleeding obviously going to happen, then realise its financial potential through means of legal procedure".

Assuming no one has already patented patents...
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post #13 of 33
Paul Allen is a goddamn patent troll. He's a scavenger like Bill Gates. He's the one who negotiated to buy QDOS from Seattle Computer for 50,000. He always seeks to profit from others' inventions when stealing others' code like what Microsoft did all these years. Guys like him should go to hell.
post #14 of 33
Quote:
Originally Posted by AppleInsider View Post

In October, Apple and the other defendants filed a request to dismiss the charges. The accused companies asserted that Allen's clams were too broad.

Yeah, damn you Paul Allen and "broad clams" :P
post #15 of 33
How about Paul put his money into starting up companies to solve problems that are rampant in this nation?
post #16 of 33
Quote:
Originally Posted by enohpI View Post

Where does it rank against Jailbreaking? Ahead or behind?

Quote:
Originally Posted by Flaneur View Post

To answer this question, place a mirror in a large tub of water. Then, straddling the mirror, dip your head in the water by bending over, and hold your breath. Open your eyes. The first thing you see, a head or a behind, is your answer.

Dare you to try it, iGenius! I'm betting on "behind".
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post #17 of 33
Microsoft is notorious for using others' inventions and incorporating them into their own. However we shouldn't speak too loudly ... remember SoundJam? Bought out by Apple to become iTunes ...
post #18 of 33
Same guy who sold what he didn't have (an IBM OS), ripped off some poor slob at Seattle Computer and made billions with someone else's idea. Wow, this guy is something else.

He's just so aggravated that MS is pretty much stagnant and cannot release and market a successful new idea to save their lives, as they've been so vampire drunk on Windows, so he needs to have a little bit of comfort in suing the company that is giving it to him in the keyster, regardless of the fact that it actually has no merit. He however has the time and money to waste on his 416 foot yacht called the 'Octopus'...how fitting.
post #19 of 33
Quote:
Originally Posted by cmvsm View Post

Same guy who sold what he didn't have (an IBM OS), ripped off some poor slob at Seattle Computer and made billions with someone else's idea. Wow, this guy is something else.

He's just so aggravated that MS is pretty much stagnant and cannot release and market a successful new idea to save their lives, as they've been so vampire drunk on Windows, so he needs to have a little bit of comfort in suing the company that is giving it to him in the keyster, regardless of the fact that it actually has no merit. He however has the time and money to waste on his 416 foot yacht called the 'Octopus'...how fitting.

Whiney whiney whiney whine.

Windows Phone 7 is beautiful. If I didn't use iOS, I'd jump to that in a heartbeat.

This is an Apple evangelist talking. Microsoft created a spectacular competitor to iOS. I'd never use Android with iOS and Windows Phone 7 as alternatives.

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post #20 of 33
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Originally Posted by smaceslin View Post

Microsoft is notorious for using others' inventions and incorporating them into their own. However we shouldn't speak too loudly ... remember SoundJam? Bought out by Apple to become iTunes ...

You know, I might come up with a few instances of Apple STEALING a technology (it's like breathing for Microsoft), but I wouldn't use the an example of them BUYING the company for its program.


sheesh!
post #21 of 33
Patent trolls are the corporate world's equivalent of spam. Perhaps the courts should began to do with patent suits what they did with copyright lawsuits in 1998: requiring a losing plaintiff to pay all a winning defendant's legal fees. In this case, since the initial lawsuit has been tossed out, Paul Allen et al should already being paying. That might make the greedy Paul Allen take notice.
post #22 of 33
Quote:
Originally Posted by smaceslin View Post

Microsoft is notorious for using others' inventions and incorporating them into their own. However we shouldn't speak too loudly ... remember SoundJam? Bought out by Apple to become iTunes ...

There's nothing wrong with buying another company to get their technology although I suppose that if you consider yourself to be a technology leader, you should develop some of your own technology.

What Microsoft was notorious for, at least some years ago, was claiming they wanted to buy your company, doing due dillgence to get all your information and then declining to buy the company and competing with you instead. Technically, they signed an NDA before starting due dilligence, but if you're a small company, you don't have the resources to sue Microsoft.
post #23 of 33
If at first you don't succeed, sue, sue again.
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post #24 of 33
10/10

Quote:
Originally Posted by ironted View Post

paul allen is a goddamn patent troll. He's a scavenger like bill gates. He's the one who negotiated to buy qdos from seattle computer for 50,000. He always seeks to profit from others' inventions when stealing others' code like what microsoft did all these years. Guys like him should go to hell.
post #25 of 33
Quote:
Originally Posted by AppleInsider View Post



Allen's suit specifically references the following four patents:
United States Patent No. 6,263,507 issued for an invention entitled "Browser for Use in Navigating a Body of Information, With Particular Application to Browsing Information Represented By Audiovisual Data."
United States Patent No. 6,034,652 issued for an invention entitled "Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device."
United States Patent No. 6,788,314 issued for an invention entitled "Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device."
United States Patent No. 6,757,682 issued for an invention entitled "Alerting Users to Items of Current

Sounds like a patent on all web browsers, rss feed readers, etc

I suppose he'll try to claim he made thefacebook too

And also all pop ups, alert sounds, bouncy icons, menu icons etc
Quote:
Originally Posted by macinthe408 View Post

You have to be ultra-specific in describing your invention. .

Trouble is that it wasn't always that way. There was a time when just an idea could get you a patent.

Now they are really pushing for only granting on fully formed tech. Not just what you want to do but exactly how you will achieve it

Even with a patent on a mere idea, all hope is not lost. There are rules about prior art and major improvement that can trump a patent. Tricky biz.

Quote:
Originally Posted by MacRR View Post

for being a billionaire.. he shoulda been smart enough to file this in east texas and bought the judge a few gifts

I actually give him points on that one. I really feel like the rules should be that you can only file in the districts where one of the parties is actually located (ie the main Corp office).

Quote:
Originally Posted by ericjbolt View Post

Apple won on procedure (dismissed).

Which actually says nothing about how the case would turn out. It is possible that even with a valid and specific filing Allen would lose.

Quote:
Originally Posted by smaceslin View Post

remember SoundJam? Bought out by Apple to become iTunes ...

there is zero illegal or immoral with buying another company and using their products. Especially when, as I recall was the case with sound jam, you keep on all or a fair bit of the staff or pay them enough to live for a while

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post #26 of 33
Quote:
Originally Posted by danielshock View Post

This is high on my list with what's wrong with the world. Definitely behind starvation and oppression... but ahead of music piracy... for sure.

You mean what's wrong in the US. This "sue everyone, nothing to loose" idea is pretty much US only as I understand, and in Europe we are really shaking our heads about this.
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post #27 of 33
Quote:
Originally Posted by Garamond View Post

You mean what's wrong in the US. This "sue everyone, nothing to loose" idea is pretty much US only as I understand, and in Europe we are really shaking our heads about this.

But you certainly can lose, and doing so can be very costly -- so perhaps you should keep shaking your heads until something comes loose.
Please don't be insane.
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post #28 of 33
Quote:
Originally Posted by Dr Millmoss View Post

If at first you don't succeed, sue, sue again.

It looks very much like a desperate struggle to get back at Apple because Microsoft have failed to beat them by being better at what they do. The petty marketing jabs about Blu-Ray support, being cheaper, being like everyone else, it all shows two things:

- they can't beat Apple with their products so they use meaningless, often nonsensical marketing
- Apple having better products is really hurting them

Let's watch as Allen flushes away millions of dollars to try and hold back the competition just like Microsoft does to no avail.
post #29 of 33
Quote:
Originally Posted by Marvin View Post

It looks very much like a desperate struggle to get back at Apple because Microsoft have failed to beat them by being better at what they do. The petty marketing jabs about Blu-Ray support, being cheaper, being like everyone else, it all shows two things:

- they can't beat Apple with their products so they use meaningless, often nonsensical marketing
- Apple having better products is really hurting them

Let's watch as Allen flushes away millions of dollars to try and hold back the competition just like Microsoft does to no avail.

Maybe, I don't know. Paul Allen hasn't had much to do with Microsoft in decades, so I don't see him being very motivated to punish Apple in any generic sense.
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post #30 of 33
Quote:
Originally Posted by Dr Millmoss View Post

Maybe, I don't know. Paul Allen hasn't had much to do with Microsoft in decades, so I don't see him being very motivated to punish Apple in any generic sense.

Not just Apple, all of Microsoft's main competition. He's a billionaire, what motivation is there for doing this other than to try to help Microsoft by pushing litigation onto their rivals?
post #31 of 33
Quote:
Originally Posted by Marvin View Post

Not just Apple, all of Microsoft's main competition. He's a billionaire, what motivation is there for doing this other than to try to help Microsoft by pushing litigation onto their rivals?

Beats me. I often wonder what motivates billionaires to do anything but kick back and enjoy the rest of their lives.
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post #32 of 33
Quote:
Originally Posted by sennen View Post

Dare you to try it, iGenius! I'm betting on "behind".

I thought about this for a day or so. I wouldn't underestimate the power of ego to obscure the results. He might not tell us, or himself, what he sees first. Speaking from experience, maybe none of us do.

If I had thought he was a Genius, though, I would have made the test harder.
post #33 of 33
Quote:
Originally Posted by artistry View Post

I'm going to patent "A device by which to state the bleeding obvious then sit patiently for 20 years until people are doing what was bleeding obviously going to happen, then realise its financial potential through means of legal procedure".

Assuming no one has already patented patents...

This sums it up. You never know, if maybe worded just right, you could get it through . . . a patent on inventing . . . probably an old joke . . .
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