CSIRO Wireless Patent Reaffirmed In US Court 147
An anonymous reader writes ""The CSIRO has won a landmark US legal battle against Buffalo Technology, under which it could receive royalties from every producer of wireless local area network (WLAN) products worldwide." From the article: "The patent, granted to CSIRO in 1996, encompasses elements of the 802.11a/g wireless technology that is now an industry standard. It stems from a system developed by CSIRO in the early '90s, 'to exchange large amounts of information wirelessly at high speed, within environments such as offices and homes,' said a CSIRO spokeswoman."
Hm (Score:5, Funny)
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sucks to be them... (Score:3, Insightful)
Re:sucks to be them... (Score:5, Insightful)
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Because rightly or wrongly, a patent grants exclusive rights to make, sell or use an invention. The end users are infringing on the patent by using the technology, and unless they got explicit indemnification from the manufacturer, they can be sued.
The main reason that they probably won't get sued is because it's simply easier to extract a lot of money from a few manufacturers than tiny amounts of money from each of millions of users.
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It's not just a semantic quibble I'm making here, the difference is that the patent holder has to actively enforce their patent, and typically that is not an economically feasible thing to do against infringers who don't have deep pockets.
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Compare this to say, a land right. If someone comes and builds shit on my land,
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We all live in a patent submarine,
A patent submarine,
A patent submarine.......
~X~
Re:sucks to be them... (Score:5, Funny)
Thanks - I'll be here all night.
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We'd all have to pay $699 per wireless device (or was that per CPU)?
Who to the what, now? (Score:5, Informative)
(Source: a previous press release [csiro.au] about the case)
Re:Who to the what, now? (Score:4, Funny)
Goodness. A dingo ate my wifi!
Yes, I learned everything I know about Australia from Slashdot, Fosters commercials,
and Crocodile Dundee movies.
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They COULD do that, but then the companies would make them anyways, and then the market leaders in wireless networking equipment would refuse to ship to Australia, and before long the Aussies will be begging for their wireless back.
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Wow. Many people don't read the article. Some don't even read the summary.
You don't even seem to have read the summary title:
CSIRO Wireless Pate
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Re:Say What? (Score:5, Informative)
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Precedents only cover the actual jurisdiction of the issuing court. And add that Common Law http://en.wikipedia.org/wiki/Common_law [wikipedia.org] is not the predominant system of law in the world, Civil Law http://en.wikipedia.org/wiki/Civil_law_(legal_syst em) [wikipedia.org] is. And Civil Law places a lot less weight on precedents than Common Law.
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From the article, though it wasn't layed out very clearly, it appears they are doing this as a counter-suit: the other US based companies filed to invalidate the patents in question, CSIRO tried filing that they were immune to the US lawsuit since they are a foreign governmental body, judge dismissed their claim and allowed the invalidation claims to proceed, so CSIRO filed counter-suit for patent infringement.
tm
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CSIRO has been "negotiating" licences for the patents with LOTS of copmnanies, including buffalo, dell, microsoft, HP, netgear etc etc etc.
Buffalo file for invalidation
CSIRO claimed immunity (worth a shot, but obviously failed)
then counter-sue for unpaid royalties.
So it sounds more complicated than it is. The counter-suit is the logical response to an invalidation suit.
and yeah, plenty of US companies to sue. don't have to worry about the rest of the world if you can sue them all in the U
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True, but to get royalties from an american company, one only needs to sue in america yes?
Not completely.
This patent isn't valid outside the US.
Which means that this firm only get the money for devices sold in the US.
Most companies have offices outside the US which are registered locally.
Say a company named X has an office in for instance Germany.
They register that office as X gmbh.
From this office they sell all their devices outside the US then they can claim that another company registered in Germany whic
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Going back a step, this patent sounds like it could be legitimate (although a posting below [slashdot.org] begs to differ). Was it filed in the EU as well?
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Precedents only cover the actual jurisdiction of the issuing court.
More to the point, precedents only cover questions of law - it does not cover questions of fact. As between Buffalo and the CSIRO the answers to the questions of fact are set in stone (subject to any appeal) not because of precedent, but because of the principles of res judicata and issue estoppel. As between anybody else (who is not claiming some rights through Buffalo) and the CSIRO, there is nothing to prevent a court from reaching ent
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Precedent eh? How about prior art? (Score:2, Informative)
I'd love to see them try to sue Apple.
In February 1995, [isoc.org] an Apple petition to open up more spectrum was approved. The public now has 10 Mhz for license-free use. Apple does not own it. Everyone must use equipment designed for the band.
...
VHR would provide the capacity of moving information at rates exceeding 20 Mbps. These would be primarily in-building networks, but the development of these systems is just in the formative stages.
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Re:Say What? (Score:4, Informative)
RTFA... to answer all your questions, YES. They (CSIRO) own the patent, which evidently covers technology that lead to the standard and would mean royalties from most wireless (802.11a/g) devices worldwide, and they are going after the others (Netgear was specifically mentioned) as well...seriously, RTFA!
tm
CSIRO Patents are a good thing (Score:5, Interesting)
Just look at their research on the new Air Guitar for example
Re:CSIRO Patents are a good thing (Score:4, Insightful)
Re:CSIRO Patents are a good thing (Score:4, Insightful)
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(b) you don't know that I'm not from Australia
(c) Okay, so I'm not from Australia; Austrailian taxpayers should get some money back - I'm just asking for them.
(Doens't the US give Aus any money each year...can I work that angle too?
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Did they speak up during the standards process? 802.11(mumble) was hardly a secret or obscure event.
If the CSIRO had any balls.. (Score:5, Insightful)
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More likely is the CSIRO takes its royalties from companies worldwide, and ploughs them into further research in this and other areas.
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Be fair, now. Those air guitar t-shirts don't come cheap.
Short history of the Australian computer industry (Score:3, Insightful)
Then in the early 1980s microprocessor technology faciliated the emergence of a promising embryonic computer hardware indu
Re:If the CSIRO had any balls.. (Score:5, Interesting)
For some years, the CSIRO has had a policy of being a hired gun, so to speak, for anyone prepared to hand over the readies, and further, applies pressure to the various divisions, to be self-funding to a certain degree (in my particular group, it was 30% but that was 12 years ago now).
The current Australian goverment, is, unfortunately, a conservative one, and is only too happy to put pressure on the CSIRO and other research institutes to get their funding from elsewhere, rather than from the public purse (well, gives them more money to piss up against the wall for defence et cetera).
10 years, however, is about par for the course with anything at the CSIRO, as it is now top heavy with administrators whose sole aim in life is to ensure that their arses are protected. The truly great and good scientists from there have all buggered orf or taken their generous redundany pay and retired. Me? I was headhunted over 10 years ago and I don't really miss it the way it is now.
Rather I yearn for the days before some idiot decided that bean counters or people with an MBA should be in charge, where you didn't have to attend 5 meetings a day or spend time worrying about your ever shrinking contract and were allowed to get on with the genuine science.
OK, spleen vented
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Where does it mention the word or imply exclusivity in their charter ?
http://www.csiro.au/csiro/content/standard/psod,,
+5 insightful.. damn moderators are all trolls as well...
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Regardless of your particular nationalist preference, the CSIRO exists to invent stuff, aid in the commercialisation of that stuff by Australian industry and use whatever legal protections are available to prevent non-Australian industry from doing the same. What happens to the Australian businesses once they have been established is a different matter altogether. Typically, Austra
Looks like a legit patent.... (Score:5, Informative)
http://www.freepatentsonline.com/5487069.pdf [freepatentsonline.com]
Its more or less a means of generating multi pathed radio signals with CRC checking from packet data. So long as they're not greedy with the royalties, more power to em.
Re:Looks like a legit patent.... (Score:5, Insightful)
But here's a question. 802.11a has been a standard a long time, in development long before its acceptance. Why is it that the patents that apply to the technology that this standard is based off just NOW coming to light? Why were patent/royalty issue not brought up in 1999 or earlier?
It seems kind of shady to me to wait until after the standard was released (1999), after wide spread US adoption (2001), after world wide adoption (2003), until years later when the technology is so prolific that companies that have based their entire success on the technologies covered by the patents have no option to change to a non-infringing technology. Or has this been a 7+ year long court case?
-Rick
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Pretty much the definition of a submarine patent: sit on it until there's money to be made.
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Re:Looks like a legit patent.... (Score:5, Informative)
When the FTA was signed, they realised they could get sued so they went to court to invalidate the patent and CSIRO counter-claimed.
Something along those grounds anyway.
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On the other hand, if indeed they could do nothing legally until recently - whenever the US-Australian FTA was signed - other than write letters, complain, etc., then maybe that is enough grounds in court for pursuing infringment. If they can show a pa
Maybe not just coming to light now (Score:4, Informative)
awesome link! (Score:2)
802.11a
CSIRO,
Telecommunications & Industry Physics, Cnr Vimiera & Pembroke Roads, Marsflied NSW 2122 PO Box 76, Epping NSW 1710 Australia Contact: Denis Redfern-General Manager, CSIRO Business Development and Commercialization, P.O. Box 93, North Ryde, NSW 1670 Australia TEL: +61-2-94908261, FAX: +61-2-94908164, EMAIL: Denis.Redfern@csiro.au
5,487,069 (US) 4-Dec-1998
yes
19-Oct-2004
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1. What does this have to do with a 2.4GHz band (it refers to 10GHz+)?
2. This is very close to a technique which is heavily used in CDMA. Wireless makes little use of it, while CDMA explicitly uses multipath for signal quality improvement. So if this patent is what I think it is they should be suing Nokia, Quallcomm, Samsung and the lot. Not Buffallo.
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Now they can go after the big boys and expect high seimans.... hehe, little EE joke in there somewhere
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Seriously, Australia... (Score:1)
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CSIRO Rocks! (Score:3, Interesting)
Later I was placed in a summer program where I learned matlab whilst working at a steel testing lab.
Cool stuffs.
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You just provided me with our [csiro.au] internal newsletter's quote of the week. Thank you!
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Now if only I could find my gold double helix card.....
Patent and standards (Score:4, Insightful)
I think there should be some laws to restrict such a practice.
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I don't think you have much insight into the process of making standards nowadays. Do you think the companies involved are charities?
Re:Patent and standards (Score:4, Informative)
I think there should be some laws to restrict such a practice.
That is not what happened in this case. The patent holder was "holding back" in this case because they had no option. It was an Australian patent against a US corporation. Now that the FTA is in force, this has opened the opportunity not only for the Australian patent holder to enforce their patent in the US, but also for the US corporation to challenge the Australian patent in court. Guess what? The greedy US corportation challenged the CSIRO, an honorable scientific research entity, in court to have their patent invalidated. So naturally, as is required to retain a patent, the CSIRO had to defend their patent to keep it.
The CSIRO [csiro.au] are good people. They do lots of good things [csiro.au] for the good of not just Australia, but the World.
This court case was brought against them, the CSIRO, in an attempt to invalidate their rightful patent. If you do not defend your patent, you lose it.
So here we have a case where a money motivated corporation is trying to stomp on a scientific research entity (which only strives to further the state of the art), so that the corportation can make more money. Thankfully the scientific research entity came out on top.
There is patent abuse in this story, but it most certainly is NOT from the CSIRO. Thankfully that abuse failed.
Hey! That's mine. (Score:3, Funny)
Incorrectly starting quotes with two (2) quotation marks has been patented by me! I'd like my $0.15 in royalties please.
bad for CSIRO? (Score:2, Interesting)
Not bad for CSIRO (Score:2, Insightful)
The number of cases where a patent holder waits until a patent is worth something before doing anything are numerous: GIF and RSA to name but two well known cases.
It is similar for OpenBSD and CARP (vs Cisco's VRR
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Dr Iain Collings CSIRO's Science lead in Communications and Signal Processing (the ones who came up with the patent) not only participates he is a member of the IEEE Communications Society Communications Theory Committee.
ODFM and DSSS came about in the 80's (the technologies that 802.11 is based on.
The CSIRO was sued after it filed suit against Buffalo Wireless not before. Buffalo was sued in Feb of 05 and in May of 05 Dell, Microsoft, Intel, HP and Netgear all filed suit on the sam
10 years too long (Score:3, Interesting)
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If the rate of innovation is so high, lengthy patents would be irrelevent. If your invention is superseded in five years it really doesn't matter that you've got exclusive rights to it for another 15.
In fact, as this case shows innovative patents can be relevant for long periods. This one's ten years old. In areas outside IT I suspect things could be useful for even longer in many cases.
Reciprocity? (Score:2, Interesting)
IANAL but I thought that if you are immune to suits you also cannot bring them. I know from experience that if you have diplomatic immunity you cannot be sued in a country of your accredited residence (nice), but you also cannot bring suit there. Also did I read correctly that this suit started when MS Intel et al brought suit to have the patent invalidated and that the Australians simply counter sued and then won. Talk about putting a fo
Not over yet... (Score:3, Informative)
Who's liable? (Score:2)
Tax relief for Australians (Score:4, Funny)
Capitalism at its best. Thank you all very much...
A Happy Aussie
CSIRO invented the (wireless) Internet! (Score:2)
The opposition must have had technological morons as lawyers. There's got to be prior art on this. Modulated radio itself is just a way to "exchange large amounts of information wirelessly at high speed" -- a wireless network is simply a specific use of radio, and it's not as if wireless networking itself didn't exist before the 1990s. Military communications spring immediately to mind -- TADIL/Link 11 has been around since AT LEAST the 80s. Just because you use change it to "h
"802.11a/g" (Score:3, Funny)
and now the WIS. (Score:2)
Buy CISCO avoid the patent... (Score:2)
D.
Re:patents are 10 years long (Score:4, Informative)
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LLM
Re:patents are 10 years long (Score:4, Informative)
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Re:patents are 10 years long (Score:4, Informative)
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