Patent suit targets Apple, Microsoft, others over digital distribution

Posted:
in General Discussion edited January 2014
A newly filed lawsuit takes aim at Apple and its App Store and iTunes Store, alleging that they violate two patents related to digital distribution of content. In addition, Apple has reportedly settled in another patent-related suit filed earlier this year.



Olympic Developments vs. Apple, Microsoft, Amazon



A new lawsuit filed in this week in a U.S. District Court in the Central District of California, Los Angeles Division, challenges a number of high-profile technology companies that distribute content and software over the Internet. Olympic Developments AG LLC believes that the defendants are in violation of two patents entitled "Transactional Processing System" and "Device for Controlling Remote Interactive Receiver."



Named in the suit are Apple and its App Store and iTunes Store, Amazon.com's Kindle Store, Barnes and Noble's Nook Store, pay-per-view services from satellite TV provider DirecTV, Microsoft's Xbox Live Marketplace, Nintendo's Wii Shop Channel, Sony's PlayStation Network Store, and the Steam gaming storefront from developer Valve.



U.S. Patent No. 5,475,585, "Transactional Processing System," is for a system that provides products and services through credit card transactions. Filed in 1994, it describes "real-time authorization of payments for a plurality of products and services."



U.S. Patent No. 6,246,600, "Device for Controlling Remote Interactive Receiver," was first filed in 1997. It describes a "remote" that stores financial information.



Olympic Developments has alleged that Apple is in violation of both patents, as its digital storefronts allow users to receive "desired programming selections," and also grant the ability to "access and/or view and/or purchase products from a remote programming system," the suit reads, via devices like the iPhone and iPad.



Apple reportedly settles suit with Sharing Sound



Many of the same companies in this week's new lawsuit were also named in a complaint filed earlier this year by Sharing Sound, including Apple, Amazon, Microsoft, and Barnes and Noble. According to TechCrunch, Apple has opted to settle in that lawsuit, filed in May.



Sharing Sound is the owner of U.S. Patent No. 6,247,130, entitled "Distribution of Musical Products by a Web Site Vendor Over the Internet."



Author Robin Wauters said that most companies in the lawsuit already moved to settle with Sharing Sound. Apple is reportedly the latest.
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Comments

  • Reply 1 of 23
    lilgto64lilgto64 Posts: 1,147member
    the patent says "The receiver contains a credit or debit card reader" but such is no the case unless you are talking about the brick and mortar stores - the App store does not have a "card reader" - it would seem the prior patent regarding the 1-click thing would have already covered this - and if that patent is applicable - then how can this one be?



    Queue the argument regarding the patent process and why is a patent issued for an idea or a concept vs an implementation of that concept?
  • Reply 2 of 23
    alienzedalienzed Posts: 393member
    Are patents actually that ambiguous? Sounds like anyone selling anything online should be sued here.
  • Reply 3 of 23
    wvmb99wvmb99 Posts: 23member
    I should file a patent, method for distributing 3D movie files over the internet using wires with computerized boxes on the end, and sometimes wireless. Some day it will start happening, and I'll be rich.



    Seriously though, if patent law works this way, what will be the incentive for making anything any more? Patent troll is the way to go, no substantial risk, and tons of upside.
  • Reply 4 of 23
    mdriftmeyermdriftmeyer Posts: 7,503member
    Quote:
    Originally Posted by wvmb99 View Post


    I should file a patent, method for distributing 3D movie files over the internet using wires with computerized boxes on the end, and sometimes wireless. Some day it will start happening, and I'll be rich.



    Seriously though, if patent law works this way, what will be the incentive for making anything any more? Patent troll is the way to go, no substantial risk, and tons of upside.



    Abstract outside of that to include any form of Radiated waveforms between one to many devices which transmit any form of sensory data and you can hook them all.
  • Reply 5 of 23
    nasseraenasserae Posts: 3,167member
    And MS just sued Motorola over Android. Seems like someone don't want to embrace WP7.
  • Reply 6 of 23
    maestro64maestro64 Posts: 5,034member
    I really need to come up with one of these patents so I can use them to sue companies later in life. It will be my need retirement plan.
  • Reply 7 of 23
    http://news.cnet.com/8301-13860_3-20...ag=topStories1



    This should be interesting.



    Time will tell.
  • Reply 8 of 23
    I think that if you sue a company for infringing on your patent and you lose...you should pay their attorney fees for inconveniencing them. This will really make people think before they go troll crazy.
  • Reply 9 of 23
    Quote:
    Originally Posted by AppleInsider View Post


    A newly filed lawsuit takes aim at Apple and its App Store and iTunes Store, alleging that they violate two patents related to digital distribution of content. In addition, Apple has reportedly settled in another patent-related suit filed earlier this year....



    I didn't even bother with the third one but neither of those first two are even close to anything Apple or anyone else is doing.



    It's the details of the implementation that count and both are very weak on details. Those they do mention don't correspond to anything Apple has patented or is using. The similarities are general, and conceptual only and you can't win a patent suit on that. The "remote" they are talking about is plugged into your home phone jack with a cable for starters. Who even has a home phone or a "modem" anymore?
  • Reply 10 of 23
    macinthe408macinthe408 Posts: 1,050member
    I hear they're suing the Department of Defense, given that they invented the internet.
  • Reply 11 of 23
    wigginwiggin Posts: 2,265member
    Quote:
    Originally Posted by wvmb99 View Post


    I should file a patent, method for distributing 3D movie files over the internet using wires with computerized boxes on the end, and sometimes wireless. Some day it will start happening, and I'll be rich.



    Seriously though, if patent law works this way, what will be the incentive for making anything any more? Patent troll is the way to go, no substantial risk, and tons of upside.



    Quote:
    Originally Posted by mdriftmeyer View Post


    Abstract outside of that to include any form of Radiated waveforms between one to many devices which transmit any form of sensory data and you can hook them all.



    And don't forget to use the phrase "plurality of products and services". That seems to be the catch-all phrase to cover, well, everything.
  • Reply 12 of 23
    MacProMacPro Posts: 19,471member
    I just want to know why Apple's iPad and iPhone's patents don't seem to prevent everyone copying them?
  • Reply 13 of 23
    paxmanpaxman Posts: 4,702member
    Quote:
    Originally Posted by digitalclips View Post


    I just want to know why Apple's iPad and iPhone's patents don't seem to prevent everyone copying them?



    Yeah! When Apple has to settle with someone holding a patent called "Distribution of Musical Products by a Web Site Vendor Over the Internet." you got to wonder what's going on. SJ made a point of saying they were patenting the crap out the iPhone yet it seems to me everybody is pretty much replicating it.
  • Reply 14 of 23
    mdriftmeyermdriftmeyer Posts: 7,503member
    Quote:
    Originally Posted by Wiggin View Post


    And don't forget to use the phrase "plurality of products and services". That seems to be the catch-all phrase to cover, well, everything.



    Bingo! Ah, anyone who said English class is unimportant at the university level would be wrong.
  • Reply 15 of 23
    mdriftmeyermdriftmeyer Posts: 7,503member
    Quote:
    Originally Posted by paxman View Post


    Yeah! When Apple has to settle with someone holding a patent called "Distribution of Musical Products by a Web Site Vendor Over the Internet." you got to wonder what's going on. SJ made a point of saying they were patenting the crap out the iPhone yet it seems to me everybody is pretty much replicating it.



    Apple patented the heck out of their ecosystem so they can protect their innovations w/ as little to no impedance from the competition.



    People have shown that continued innovation gets their dollars. Continued litigation would turn them off.
  • Reply 16 of 23
    Here's what I don't understand. How can these scumbags get patents? Considering the amount of cases like this that describe similar things that happen just about every week how is it that the patent office keeps publishing patents for stuff that must already be patented? Therefore all these patent cases must be invalid because an existing patent is already processed.
  • Reply 17 of 23
    hill60hill60 Posts: 6,992member
    Quote:
    Originally Posted by AppleSauce007 View Post


    http://news.cnet.com/8301-13860_3-20...ag=topStories1



    This should be interesting.



    Time will tell.



    HTC is already paying a license fee to Microsoft on every Android handset they sell.



    Now that someone is making money out of Linux, Microsoft has someone to go after.



    Then Oracle's going after the JVM on top of the Linux core.



    It looks like Google's model of wholesale theft of IP, open sourcing it and giving it away may hit a few roadblocks.
  • Reply 18 of 23
    MacProMacPro Posts: 19,471member
    Quote:
    Originally Posted by paxman View Post


    Yeah! When Apple has to settle with someone holding a patent called "Distribution of Musical Products by a Web Site Vendor Over the Internet." you got to wonder what's going on. SJ made a point of saying they were patenting the crap out the iPhone yet it seems to me everybody is pretty much replicating it.



    Exactly. I have to wonder why.
  • Reply 19 of 23
    wizard69wizard69 Posts: 13,377member
    Quote:
    Originally Posted by hill60 View Post


    HTC is already paying a license fee to Microsoft on every Android handset they sell.



    Now that someone is making money out of Linux, Microsoft has someone to go after.



    Then Oracle's going after the JVM on top of the Linux core.



    It looks like Google's model of wholesale theft of IP, open sourcing it and giving it away may hit a few roadblocks.



    To that end the IP in Linux has been around a lot longer than anything MS has come up with. In any event please explain what IP Google has stolen?
  • Reply 20 of 23
    jeazjeaz Posts: 4member
    Just proves how very sick the US patent system is. Probably holding us back a decade or two in technical advancement due to money being wasted in courts and paying of fines.
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