Wi-LAN claims WiFi and DSL patent infringement, sues everybody

Sadly, we can't say the story of "random company decides it has patents worth milking, sues world + dog" is a new one, but it's still fun for a quick laugh. This time 'round it's Ottawa-based Wi-LAN with a bone to pick with the likes of Apple, Belkin, Best Buy, Dell, HP, Intel, Netgear, Sony and pretty much any other major electronics manufacturer or retailer -- 22 all told. Wi-LAN claims that those companies are swiping its technology related to WiFi and power consumption in DSL products, so anybody making or selling a router, modem or laptop is a target. Apparently Fujitsu struck a licensing agreement with Wi-LAN in July. Like most patent troll suits, this one's going down in Marshall, Texas.

[Preston @ Nov 1st 2007 9:43AM]

That's just sad.

[Sean @ Nov 1st 2007 9:57AM]

What's sad is the fact that I've never heard of Wi-LAN before and they claim to have patented the way I'm currently connected to the internet.

[paragraph @ Nov 1st 2007 9:52AM]

Thursday, November 1st, 2007: Dateline, Marhsall TX. Oster sues a long list of internet sites including Will it Blend, YouTube, and Engadget for infringing upon a little known advertising campaign from the summer of 1895 hailing the mircles of Oster's then amazing hand-crank blender. In addition, Zenith is also suing YouTube for sounding too much like BoobTube, za trademark of thiers. Lindt Choloates is suing mother nature for the conch sounding too much like conche. And Coleman Charcoal products is suing Gary Coleman for all $5.73 he has to his name.

In other un-related news, the world has gone nucking futs.

But seriously, what the hell. Show me a product that hasn't ripped off another product or idea, granted most of these has royalties and the like paid, but still. I've never heard of WiLan. FFS they have a "Litigation Update" section of thier website. it's just plain sad.

:'( i r dies a little bit insides

Question though? Will WiLan Blend?

[Josh Warner @ Nov 1st 2007 2:15PM]

Will Wi-LAN blend? I sincerely hope so.

[Jack @ Nov 1st 2007 4:29PM]

Blend, no, liquidate, maybe....

[Twitchy @ Nov 1st 2007 10:02PM]

I was watching 'Future Weapons' on discovery this morning, they featured an M32 grenade launcher with the Hell-HOUND rounds. Anyone fancy a drive by?

If this crap keeps going on, soon no-one in the US will bother creating anything new, or selling it in the US. Sometimes I'm glad I don't live stateside.

[moosedude @ Nov 1st 2007 10:11AM]

ok, one point I would like to make here.... Where the hell was WiLan several years back when all these other companies were trying to get WIFI off the ground? I remember it was a competition between bluetooth, and WIFI. Well, WIFI won. WiLan sat on their asses and let everyone ELSE pump up the market, and get the shit rolling. Now that there is a fat WIFI market, WiLan decides to milk it. BULLSHIT! Should have done that shit years ago! You sat on your ass, now deal with it! That is not a golden Willa Wonka ticket into the gold vault, it is a fricken patient that was not enforced / upheld by the holder while other companies were making their presence.

[mdm-adph @ Nov 1st 2007 10:59AM]

Aye, they sat around and waited, and while IANAL, I'm pretty sure you can prove in court that it means they didn't care about their "patent."

[phil @ Nov 1st 2007 11:59AM]

@mdm-adph:

Nope. Not at all. You're thinking of Trade Mark. That you have to actively and vigorously defend or risk losing it.

With patents, you can wait, selectively prosecute, whatever you want as long as the patent is valid. My guess is that they have "been in licensing talks" (another way of saying "trying to extort") and the expiration is looming. So, they are simply filing the lawsuits so they are in flight before the patents expire.

[zeus40 @ Nov 1st 2007 10:25AM]

FWIW, I wrote a small report on this company for a college project. The aspect I was interested most about Wi-Lan is that they just produce Intellectual Property, not anything concrete.

Essentially, as this article alludes to, they are in the business of making and enforcing their patents.

Below is their email to me back in Jun 27, 2007.

"Thank you for your interest in Wi-LAN. In particular, we appreciate your interest in presenting Wi-LAN at your course tomorrow.

As far as your specific questions are concerned, we have over 180 patents in our portfolio, many of which we believe are fundamental to products complying with Wi-Fi, CDMA, DSL, WiMAX and DOCSIS standards.

The impact of our patents for technology in the CDMA and Wi-Fi market is very significant in North America. Our patents for WiMAX, DOCSIS and DSL are significant around the world.

I’ve attached copies of our Annual Report, as well as our Annual Information Form, for more information. As well, please visit our website at www.wi-lan.com for more.


Regards,

Lynne Bermel
Director, Corporate Communications
Wi-LAN Inc.
11 Holland Avenue, Suite 608
Ottawa, ON K1Y 4S1
office: [phone removed]
fax: [fax removed]
e-mail: [email edited] lbermel [at] wi-lan.com
web: www.wi-lan.com
"

[Jason @ Nov 1st 2007 10:27AM]

Here's why: http://www.cbc.ca/money/story/2006/02/15/wilan-060215.html

[mr tibbs @ Nov 1st 2007 11:02AM]

You would think that they would learn something after watching what's happened to SCO. SCO is now in bankruptcy after all their ridiculous sue-happiness.

[franzbonus @ Nov 1st 2007 11:12AM]

Sad? That's what Engadget figured out. But is it really? I mean yeah, getting money from infringments for a living is sad but ehh... hmmm...

Well let's just assume that the clowns over Wi-LAN really invented that "technology related to WiFi and power consumption in DSL products" and that they aren't just upgrading their Ford Fit to a Reventon. Then that would really be something to be pissed about.

I mean it's like... I don't know... say a brillant group of automobile engineers invented a car that works strictly on electricity and then petroleum multinationals feared they would loose control over their price abuses; consequently they'd shell out $50M (read: a penny for them) to the inventors to stfu.

Wait a minute, who am I kiding; that couldn't have happenned, right? ;)

[xlandaux @ Nov 1st 2007 12:32PM]

world + dog
HAH
ftw!

[Joe @ Nov 1st 2007 1:09PM]

One of the long standing rules in copyright and patent (though I'm not sure how much of this is actually codified) is that if you don't vigorously defend your intellectual property within a reasonable time frame, you lose those rights. This is a perfect example. I hope someone calls their bluff and the courts tell these folks to piss off.

[dj-kenpo @ Nov 1st 2007 1:46PM]

ps, you can't go to work anymore. I own the patent to you walking to work.

engadget, i own the patent to your name. don't post anything.
will I use it? no, I haven't for the last 8 years.. but I own it so suck it, and go away.

hey, strider! your dog, I patented the idea of dogs, pay me or I'll shoot your dog.

john mayor, I patented your mom last night.



WHY!!! WHY!!!! I hate the world I live in and I want to go on a personal crusade with a baseball bat to rid the world of disease.

[P. Jacobs @ Nov 1st 2007 2:04PM]

I have been following Wi-lan for over 10+ years. They have single handedly changed the wireless world as we see it today.

They are the Qualcomm (cdma) of the OFDM world.

Plenty of the posters on here are saying they have never heard of Wi-lan.... Well whats new? Are any of you successful investors ? Not likely.

There is a reason why some of the most influential people in todays tech world are invested in this little gem.

DO your DD, resorting to calling this company a patent troll is just palin irresponsible and just plain lazy.


Weather those of you against Wi-lan's lawsuit complain to your hearts content , those and many others not named in the lawsuit will end up paying for what they have stolen.


Qcom_N

[John Doe @ Nov 1st 2007 2:26PM]

No they are a patent troll. Anyone who waits this long to go after someone or multiple someone's is looking to cash in instead of defending their IP. If it looks like shit, smells like shit, and rots like shit; I'm going to call it shit.

[Marco @ Nov 1st 2007 4:11PM]

Nice pump and dump attempt ahole. The company is worth 300-400 million if they had anything worth a crap they would have been bought out long ago by the "most influential people in todays tech world".

IDIOT!

[John Doe @ Nov 1st 2007 2:24PM]

Can we please nuke Marshall and be done with it?

[sean p. @ Nov 1st 2007 10:26PM]

lol they are noobs. there is no way they could take on all those companies. lol.

[rsyputa @ Nov 5th 2007 11:15AM]

Most of you guys/gals must be still in junior high school. This topic appears over your heads: there are legitimate patent holders in Wi-Fi, DSL and NGMN. The standards groups require FRAND, (fair, reasonable and non-discriminatory) licensing of patents used in a standard. It does not require 'Free, radical, and nonsensical'.

WiLAN has several 'essential' patents which are those that are on specific technology used in a standard. And they have, imo, one and possibly more 'fundamental' patents which are patents on fundamental invention that are used regardless of how the standard may be devised (possibly to attempt to get around them).

Like if or not, royalties are a part of all electronic products. The scale of royalties and whether a particular portfolio has merits is the only real question. Royalties in cellular phones range from 6% to, some analysts estimate, as high as 25% of the retail price depending on the manufacture and their cross-licensing and offsetting royalties.

Get over it: Wi-Lan brought two lawsuits against several companies so that they can consolidate the effort. Cases involving IPR are not easy to win and can now be contested based on new rulings including increased burden for non-obviousness. I think Wi-Lan has a good chance to win.

Wi-Lan is unlikely to 'win big' such that it affects the price of WiFi or DSL products. Much more likely, they will get a few tenths percent to a a percent of the retail price. The 'win' will be governed by the 'R' in the FRAND agreements.

[grail0375 @ Nov 2nd 2007 1:06AM]

Anybody care to patent oxygen? or maybe water?

We have a saying on some boards; "Do not feed the trolls".

[ark_v2 @ Nov 2nd 2007 2:15AM]

Pumpkins can be very funny :D

[GerwingR @ Nov 14th 2007 12:48AM]

Can some one tell me exactly what the patent infringement is ? My assumption is that the inventor is not holding the patents now. The timing of violation now when WiFi is fractured in roll out is a mistake for what ever the renumeration may be coming. However patent and royalty rights are just that. A reward for crative ideas.