Newsletters
News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
Build Apps 5x Faster
For Half the Cost
Enterprise Cloud Computing

On Force.com
Apple/Mac
Tame your scariest paperwork. Find Out How
Average Rating:
Rate this article:  
Google, Rockstar Patent Fight Stays in California
Google, Rockstar Patent Fight Stays in California

By Seth Fitzgerald
April 18, 2014 1:00PM

    Bookmark and Share
A U.S. district judge has decided that the Apple-backed Rockstar Consortium's patent lawsuit against Google will stay in California and not move to Texas. The reason: Rockstar played fast and loose with the rules, setting up a "sham" company in Texas to allow Rockstar to move its patent lawsuit against Google to a friendlier jurisdiction.
 

Related Topics

Apple
Google
Android
Copyright



A U.S. district judge has ruled in favor of Google by deciding that the Apple-backed Rockstar Consortium will have to fight its legal battles in California rather than Texas. Rockstar filed a lawsuit against Google and other Android phone companies last October. Since patent holders have a better track record of winning cases in Texas, Rockstar created a co-plaintiff, MobileStar Technologies in Plano, Texas, so that it could file the lawsuit there.

The seven patents involved in the lawsuit have allegedly been infringed upon by Google’s search and advertising business, which then brings other Android device manufacturers into the mix as they rely on Google’s services.

Last month, the two companies made their arguments regarding the venue dispute. Google lawyer Matthew Warren made the argument that because Apple contributed the most cash to buying the Nortel patents, the lawsuit should take place in Apple’s state, California.

A Strong Link

U.S. District Judge Claudia Wilken ruled almost entirely in Google’s favor because of a link between Rockstar and Apple that she feels cannot be ignored. Apple contributed $2.6 of the $4.5 billion needed to buy the patents and also received more than half of those patents when the sale occurred. As a result, Wilken ruled that the majority of Rockstar is actually controlled by Apple and the lawsuit should be handled as such, even if they are technically separate companies.

The bid to move the case to Texas was justified by Rockstar because its co-plaintiff, MobileStar, claims Texas as its primary business location. However, given the evidence, Wilken views MobileStar as a “sham” company that exists simply to provide Rockstar with a way to have the case moved to a friendlier jurisdiction.

“The circumstances here strongly suggest that Rockstar formed MobileStar as a sham entity for the sole purpose of avoiding jurisdiction in all other fora except MobileStar’s state of incorporation (Delaware) and claimed principal place of business (Texas),” wrote Wilken. “A mere day before it initiated litigation against Google’s customers, Rockstar freshly minted MobileStar, with no California contacts, and assigned the asserted patents to that subsidiary.”

The Real Case

Now that the venue dispute has been settled, the actual patent lawsuit can begin. As with most patent lawsuits that have taken place in the technology industry, many view the patents in question as “standard-essential," which means that the protected ideas are not unique and must be used by other members of the industry.

We caught up with John Allison, Professor of Intellectual Property at the University of Texas, to get his opinion on standard-essential patents and reforming the patent system as a whole. He told us that it is difficult to determine the true breadth of any given patent but that he has supported The Innovation Act, a bill that fights back against so-called patent trolls.

“You can’t determine the breadth of a patent just by looking at its title, the abstract, or even the preamble to a claim. You must study the precise language of the claims to determine what limitations are placed on the initial broad language,” said Allison. “The question is what does 'reform' mean? Such a complex system must be changed only with great care.”

Rockstar, as the plaintiff in the case, could attempt to settle in a variety of ways by either setting up patent licensing deals, requesting a cash settlement, or seeking a sales ban against certain devices.
 

Tell Us What You Think
Comment:

Name:



Salesforce.com is the market and technology leader in Software-as-a-Service. Its award-winning CRM solution helps 82,400 customers worldwide manage and share business information over the Internet. Experience CRM success. Click here for a FREE 30-day trial.


 Apple/Mac
1.   Mac OS Yosemite Beta 4 Released
2.   Apple Smart Watch Patent Surfaces
3.   iPhone 6: Bad for Apple Tablet Sales?
4.   Longtime Apple Director Steps Down
5.   Business Impact of IBM-Apple Deal


advertisement
Apple Digital Book Settlement Set
But company still appealing decision.
Average Rating:
Mac OS Yosemite Beta 4 Released
Public preview could be coming soon.
Average Rating:
iPhone 6: Bad for Apple Tablet Sales?
Most likely, it will be a huge hit.
Average Rating:
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Wall Street Journal Hacked Again
Hacked again. That’s the story at the Wall Street Journal this week as the newspaper reports that the computer systems housing some of its news graphics were breached. Customers not affected -- yet.
 
Dropbox for Business Beefs Up Security
Dropbox is upping its game for business users. The cloud-based storage and sharing company has rolled out new security, search and other features to boost its appeal for businesses.
 
34 European Banks Hit by Android-Skirting Malware
Criminals have been finding gaping holes in Android-based two-factor authentication systems that banks around the world are using. The result: 34 banks in four European countries have been hit.
 

Enterprise Hardware Spotlight
Microsoft Makes Design Central to Its Future
Over the last four years, Microsoft has doubled the number of designers it employs, putting a priority on fashioning devices that work around people's lives -- and that are attractive and cool.
 
Contrary to Report, Lenovo's Staying in Small Windows Tablets
Device maker Lenovo has clarified a report that indicated it is getting out of the small Windows tablet business -- as in the ThinkPad 8 and the 8-inch Miix 2. But the firm said it is not exiting that market.
 
Seagate Unveils Networked Drives for Small Businesses
Seagate is out with five new networked attached storage products aimed at small businesses. The drives are for companies with up to 50 workers, and range in capacity from two to 20 terabytes.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud Computing | Applications | Hardware | Mobile Tech | Big Data | Communications
World Wide Web | Network Security | Data Storage | CRM Systems | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.