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Openwave sues Apple over iPhone, iPad mobile connectivity

post #1 of 29
Thread Starter 
Openwave Systems has accused Apple in a new lawsuit of violating patents related to mobile device connectivity with its iPhone, iPad and iPod touch.

The company announced on Wednesday that it has filed complaints against both Apple and Research in Motion, alleging patent infringement in the lawsuit filed with the U.S. International Trade Commission. As is standard in such filings, Openwave has asked the ITC to ban the import of smartphones and tablets made by Apple and RIM.

"Openwave invented technologies that became foundational to the mobile Internet," Ken Denman, Chief Executive Officer of Openwave, said in a statement. "We believe that these large companies should pay us for the use of our technologies, particularly in light of the substantial revenue these companies have earned from devices that use our intellectual property."

"Before filing these complaints, we approached both of these companies numerous times in an attempt to negotiate a license of our technology with them and did not receive a substantive response."

In all, Apple is accused of infringing five Openwave-owned patents related to Internet access on mobile devices. Those patents are:
U.S. Patent No. 6,233,608: Method and system for securely interacting with managed data from multiple devices
U.S. Patent No. 6,289,212: Method and apparatus for providing electronic mail services during network unavailability
U.S. Patent No. 6,405,037: Method and architecture for an interactive two-way data communication network
U.S. Patent No. 6,430,409: Method and architecture for an interactive two-way data communication network
U.S. Patent No. 6,625,447: Method and architecture for an interactive two-way data communication network


"In the end, litigation is the only way we can defend our rights against these large companies that have effectively refused to license the use of the technologies we invented, are using today, and are continuing to develop for our customers," Denman said. "We are proud that our technology is helping deliver such a rich mobile internet experience to consumers around the world."

In its press release, Openwave touted that in 1997 it was the first company to enable operators to deploy mobile Internet browsing, while in 2001 it was the first to provide technology for photo messaging. The company said it owns about 200 patents related to its software business.
post #2 of 29
If apple copied the Openwave technology then mobile safari would be incapable of rendering 75% of the Internet. To every failing tech company: please reserve your place in line to sue apple now.
post #3 of 29
Clearly the patent system is beyond repair.

Patent infringement lawsuit by Thomas Edison estate hits Apple:

http://mobilebeyond.net/patent-infri...#axzz1WdRtUose
post #4 of 29
WTF is up with all the lawsuits????? It seems everyone is suing everyone over patents lately, and it's outta control. I mean really. What the hell is the deal? Every friggin day there are a bunch of new lawsuits and counter lawsuits. It's never-ending.

Anyway...thats my rant for the day.

And oh yeah....I am going to SUE YOU!
post #5 of 29
I actually tried to read through the email patent before I got too annoyed by the claims. Every claim they make has already been implemented in every way imaginable...not sure why they think they deserve a patent for common sense. Unless I'm misreading something, they essentially patented a way to perform email asynchronously to avoid delays as well as to queue messages until the system becomes available again. I feel like I've implemented that myself on countless occasions. More companies just looking for an easy way out...*sigh*
post #6 of 29
Quote:
Originally Posted by regan View Post

WTF is up with all the lawsuits????? It seems everyone is suing everyone over patents lately, and it's outta control. I mean really. What the hell is the deal? Every friggin day there are a bunch of new lawsuits and counter lawsuits. It's never-ending.

Anyway...thats my rant for the day.

And oh yeah....I am going to SUE YOU!


I completely agree...makes me consider going back to college to become a patent lawyer so I can go company to company and charge them $1000/hr to defend their silly patents.
post #7 of 29
Quote:
Originally Posted by nicholas_hagen View Post

I actually tried to read through the email patent before I got too annoyed by the claims. Every claim they make has already been implemented in every way imaginable...not sure why they think they deserve a patent for common sense. Unless I'm misreading something, they essentially patented a way to perform email asynchronously to avoid delays as well as to queue messages until the system becomes available again. I feel like I've implemented that myself on countless occasions. More companies just looking for an easy way out...*sigh*

Whether these technologies have been implemented today is irrelevant. What matters is whether they were available when these patents were applied for - in 1997. That is a very different matter.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #8 of 29
lol wtf? these will be thrown out.
post #9 of 29
OpenWave gets free and clear title on its patents on August 29th and 2 days later they go after Apple and RIM.

Apple could have bought this company for less than $50 million 2 1/2 years ago and now, as of the 21% jump on this news this morning, the market cap is $154 million.

The settlement can't be that much because even buying OpenWave outright is a drop in the bucket for Apple.

[on edit: maybe they are just trying to cover the $12 million they paid to Myriad]
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post #10 of 29
The descendants of Grok, a million year old cromagnon cave man is suing Apple for copying their great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great grandfather's spearhead design that resembles the current iphone as well as the rock Grok used to crush skulls with because the shape of that rock looks like the iPad.....sort of.
post #11 of 29
Quote:
Originally Posted by regan View Post

The decendents of Grok, a million year old cromagnon cave man is suing Apple for copying their great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great great grandfather's spearhead design that resembles the current iphone as well as the rock Grok used to crush skulls with because the shape of that rock looks like the imac....sort of.

The case'll be thrown out.

If Grok's spearhead actually looked like the iPhone, it wouldn't have been very speary, it wouldn't have protected him from attack, and he would have been mauled immediately, thus preventing him from having descendants.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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post #12 of 29
Quote:
Originally Posted by Tallest Skil View Post

The case'll be thrown out.

If Grok's spearhead actually looked like the iPhone, it wouldn't have been very speary, it wouldn't have protected him from attack, and he would have been mauled immediately, thus preventing him from having descendants.

Grok family is now suing Appleinsider poster "TallestSkil" for defimation of character. Grok family mad. Grok family no like previous post. Grok family have proof of cave painting wall showing Grok ancestor throwing stick with spearhead that look like iphone at gazelle.
post #13 of 29
Quote:
Originally Posted by regan View Post

Grok family is now suing Appleinsider poster "TallestSkil" for defimation of character. Grok family mad. Grok family no like previous post. Grok family have proof of cave painting wall showing Grok ancestor throwing spearhead that look like iphone at praire gazelle.

Ah, frivolous lawsuits. So easy, a caveman can do it!

*Tallest Skil was sued by Geico for misrepresentation of a former slogan. He spent seventy years in solitary confinement in federal prison. He continued to post on AppleInsider through Morse code tapped on his cell wall to the neighbor, who happened to have an Internet connection*

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply
post #14 of 29
Quote:
Originally Posted by Tallest Skil View Post


*Tallest Skil was sued by Geico for misrepresentation of a former slogan. He spent seventy years in solitary confinement in federal prison. He continued to post on AppleInsider through Morse code tapped on his cell wall to the neighbor, who happened to have an Internet connection*

Why'd they give Larry Page an internet connection and not you...
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post #15 of 29
Quote:
Originally Posted by Tallest Skil View Post

Ah, frivolous lawsuits. So easy, a caveman can do it!

*Tallest Skil was sued by Geico for misrepresentation of a former slogan. He spent seventy years in solitary confinement in federal prison. He continued to post on AppleInsider through Morse code tapped on his cell wall to the neighbor, who happened to have an Internet connection*

now....that was funny!

Tallest Skil:


"Eventually Google will have their Afghanistan with Oracle and collapse"

"The future is Apple, Google, and a third company that hasn't yet been created."


 


 

Reply

Tallest Skil:


"Eventually Google will have their Afghanistan with Oracle and collapse"

"The future is Apple, Google, and a third company that hasn't yet been created."


 


 

Reply
post #16 of 29
Quote:
Originally Posted by jragosta View Post

Whether these technologies have been implemented today is irrelevant. What matters is whether they were available when these patents were applied for - in 1997. That is a very different matter.


US Army has been doing things like this long before 1997. i used to set up a system based on viasat and inmarsat phones where we would send messages and faxes between continents via outer space
post #17 of 29
Quote:
Originally Posted by bandley View Post

Clearly the patent system is beyond repair.

Patent infringement lawsuit by Thomas Edison estate hits Apple:

http://mobilebeyond.net/patent-infri...#axzz1WdRtUose

This is especially hilarious considering Edison actually stole most of his inventions.
post #18 of 29
post #19 of 29
compare the contents of this current thread and this one. In here, we've got no debate at all as to the validity of these patents. Clearly, because the patents in this case are not held by Apple, they are bogus and the case should be thrown out.

Time to nail your colours to the mast. If the patent system is broken and too many "obvious'' patents are being granted, what % of Apple's patents should really not have been granted in the first place? Personally I'd go for 90 to 95% (yes, I'm serious). How about you?
it's = it is / it has, its = belonging to it.
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it's = it is / it has, its = belonging to it.
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post #20 of 29
I'm the biggest Apple fan boy around, but even I thought their lawsuit against Samsung because their Galaxy tablet was "shaped" similar to the ipad was F'in ridiculous. I mean come on. Enough is enough.

When does this madness end?

Apple is better than that. People will buy their products regardless of any copycats. They don't need to worry about copy cats at all. Its just sillyness.
post #21 of 29
Because it does not sue Google.
post #22 of 29
Quote:
Originally Posted by Mr. H View Post


Time to nail your colours to the mast. If the patent system is broken and too many "obvious'' patents are being granted, what % of Apple's patents should really not have been granted in the first place? Personally I'd go for 90 to 95% (yes, I'm serious). How about you?

Absolutely agree. What's good for the goose is good for the gander.
post #23 of 29
Quote:
Originally Posted by regan View Post

WTF is up with all the lawsuits????? It seems everyone is suing everyone over patents lately, and it's outta control. I mean really. What the hell is the deal? Every friggin day there are a bunch of new lawsuits and counter lawsuits. It's never-ending.

Anyway...thats my rant for the day.

And oh yeah....I am going to SUE YOU!

I regret toinform you that me and my company sue.co currently owns the patents for posting on a web based site. We also own the password on Internet passwords we willsee you in court once the lines die down.
post #24 of 29
Quote:
Originally Posted by regan View Post

I'm the biggest Apple fan boy around, but even I thought their lawsuit against Samsung because their Galaxy tablet was "shaped" similar to the ipad was F'in ridiculous. I mean come on. Enough is enough.

Unfortunately, that's not what Apple sued for.

So far, none of the Apple-haters who insist that Apple patented a rectangle have been able to produce copies of this patent. The only thing that they've produced is a patent APPLICATION where the title is "CONFIGURATION OF...." - so it's about the configuration, not the shape.

Oh, they've also produced a registration certificate - which is completely irrelevant.

So when people tell you that Apple is suing over a rectangle with rounded corners, ask them to put up or shut up.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #25 of 29
Quote:
Originally Posted by bandley View Post

Clearly the patent system is beyond repair.

Patent infringement lawsuit by Thomas Edison estate hits Apple:

http://mobilebeyond.net/patent-infri...#axzz1WdRtUose


Okay, this is definitely a joke, but could be real you never know with people, however patents run out after 19 yrs so edison estate would have no claims.

But this does show where things stand today in the industry.
post #26 of 29
Quote:
Originally Posted by jragosta View Post

Unfortunately, that's not what Apple sued for.

So far, none of the Apple-haters who insist that Apple patented a rectangle have been able to produce copies of this patent. The only thing that they've produced is a patent APPLICATION where the title is "CONFIGURATION OF...." - so it's about the configuration, not the shape.

Oh, they've also produced a registration certificate - which is completely irrelevant.

So when people tell you that Apple is suing over a rectangle with rounded corners, ask them to put up or shut up.

That's EXACTLY what Apple sued for. (Apple-haters? )
This was already answered in the posts on page 4 here:
http://forums.appleinsider.com/showt...=131344&page=4

You simply don't understand what you're looking at jragosta. If you'll calm yourself a bit and actually read all the links I provided on that page I suspect you'll "get it". Your biggest error is using definitions that apply to US Patents and Trademarks and assuming the same will hold true for Europe. They do not.
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post #27 of 29

Well Katie bar the door (the old guys will get it1wink.gif)...

 

The former OpenWave, now rolled up in Unwired Planet, is prepping for another round of lawsuits targeting Apple (twice already), Google, Samsung and whoever else has a pocketful of cash. This time they come freshly armed with a parcel of patents courtesy of Ericsson. Just like Nokia, it appears Ericsson is on the patent monetizing hunt using outsourcing to 3rd parties as a cover. So go forth and file lawsuits brave U-P, and render unto Ericsson what is Ericsson's. Like at least 20% of the booty, and up to 70% of it if it's really good.

 

http://techcrunch.com/2013/01/10/unwired-planet-has-bought-2400-wireless-patents-from-ericsson-to-beef-up-its-patent-fights-against-google-apple-and-rim/

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post #28 of 29
Quote:
Originally Posted by jragosta View Post

So when people tell you that Apple is suing over a rectangle with rounded corners, ask them to put up or shut up.

 

Of course, it's a bit more than just rounded corners.  That's just shorthand for "rounded corners, display with even borders, a shiny bezel, and rounded icons".  Those are Apple's claims in  their design patent lawsuits.   However, Apple themselves emphasized rounded corners above all else in their lawsuits.  For examples:

 

--

--

-------------------

 

It also didn't help that Apple claimed that NONE of those design items were functional  (this is a critical claim, as they cannot patent a functional design element):

 

 

Which has led at least one world judge to respond that rounded corners sure seem functional for holding comfort to him, and that a flush screen makes sense to keep dust out of corners.

 

So yes, Apple is not just claiming rounded rectangles.  They're claiming those in conjunction with a couple of other common design features.

 

That's why even the billion dollar California jury refused to convict Samsung's tablet design of infringing Apple's tablet design.


Edited by KDarling - 1/11/13 at 6:59am
post #29 of 29

While Apple hasn't (yet?) tried to use it in litigation AFAIK, they have finally succeeded in getting their US patent for a simple rounded rectangle shape used in a portable display device. Since it's just a tad broad IMO, I don't personally see how Apple could successfully defend it if challenged.

 

 

 
...and an article on it here:
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