WiLAN strikes again, initiates LTE litigation against BlackBerry

Patent trolling is a very successful business, sadly.

By Bla1ze on 9 May 2013 10:25 pm EDT
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WiLAN has struck again. Having previously chased after BlackBerry for Bluetooth and SYM key patents in addition to CDMA patents, the company known for buying up patents and using them against others companies for profit has started litigation processes against BlackBerry. This time, their claim is for U.S. Patent No. 8,274,991 which relates to LTE mobile handsets or more specifically in this case, LTE enabled BlackBerry devices.

Wi-LAN Inc. today announced it has initiated new litigation claiming patent infringement in the Southern District of Florida against Research In Motion Limited ("RIM"), which is believed to be doing business under the name "Blackberry". The suit against RIM claims infringement of U.S. Patent No. 8,274,991 which relates to LTE-compliant mobile handsets.

BlackBerry is already among their list of licensees, along with Samsung, Nokia, Sony, ASUS, and Cisco. We'll see how this one pans out but in the past, BlackBerry has just agreed to settle on the matters at hand like many others.

Reader comments

WiLAN strikes again, initiates LTE litigation against BlackBerry

72 Comments

If it's a legitimate claim than ok ... its business. But if this is bs patent trolling than burn burn burn!

Posted via CB10

It's only really legitimate if they make something with the patent. This is why they are called patent trolls

Posted via CB10

Agree. This is getting annoying for all companies not just blackberry. Congress needs to act on this if they don't make anything with it then tell them to go build a kite with their patent.

Posted via CB10

Unreal! they already took their pound of flesh! And now are coming back for more, Samsung, Nokia, Sony, ASUS, and Cisco should band together and bury these parasites!

I mean come on, why chase BlackBerry, we're just starting out new again! Atleast give us some time first

Sink or swim. I want BlackBerry to succeed, but things like this keep companies sharp and is good for competition (if the law permits)

The sink or swim is directly related to how much cash you can afford to give theses trolls and survive to continue running your business. That's it!

The law should ONLY allow patent cases based on rival products, or products that infringed on the patent. Companies that have licensed the patent to be used in parts products and that are sold to other companies ( say Broadcomm, sells chips to BlackBerry to use in z10) them the second party should never be able to be sued since by purchase they have the right to use that patent within the product, from the original licensee.

Posted via CB10

I would like to see some utilization direction put in place.

If you have no business that use the patent than you can't own/sue for it. That will spur innovation. We will only see patents filled when they are put to use.

Posted via CB10

Lawyers are just the figure heads leading the vanguard, not wholly the people responsible for the patent trolling. The guys that decide what patent would prove most profitable are the assholes to blame.

Lawyers have a duty to represent their clients. We can't blame them for doing their job to the best of their ability.

Lawyers' business IS in lawsuits.. no Lawsuits, no Money... same goes for "CON"-gress, The only guys permitted to do inside trading without any penalty or being thrown in jail... & of course Patent Trolls are just doing their business.. cashing in as much as they can for their investment in those patents. 'MERICA!! F*#K YEAH!!

I don't often go for corporal punishment, but I feel like a length of frozen garden hose is about right for situations like these.

Basically, you can bring forth your patent infringement suit, but if it's deemed frivolous, the head of the company gets a few good whacks on the backside from said garden hose. Hell, delivered by the head of the other company, even.

Christ I hate asshole like this.

"Which is believed to be operating under the name BlackBerry." Bunch. Of. Knobs.

Posted via CB10

Wonder how far the stock will dive tomorrow. Sounds to me like patent trolling, seeing how long it took for the litigation to happen. Maybe I'm being a conspiracy theorist, wonder if the company has a short interest. Sigh......

Posted via CB10

Wi-LAN Inc. today announced it has initiated new litigation claiming patent infringement in the Southern District of Florida against Research In Motion Limited ("RIM"), which is believed to be doing business under the name "Blackberry".

----> It's "BlackBerry"... not Blackberry! <----

The U.S. is a haven for guns n law suits. Why are we surprised? Things you can't escape in the U.S.: Death, guns and being sued. (no offense to the U.S tax payer) .

They know blackberry is coming back, and they want to seek attention.. this is a waste of time...

Posted via CB10

I call corporate manipulation. BlackBerry is making a come back and all of a sudden they are infringing on a patent that is some variation of all lte technology. I wonder why apple and Samsung aren't being sued?

Posted via CB10

It should be law that if company purchased to the patent in aims of patent trolling it should be thrown out.

Posted via CB10

Past wins have just encouraged these trolls. Wi-Lan doesn't actually do anything, they're a paper company that owns patents. And they've made hundreds of millions with these lawsuits, so why should they stop? Obviously, none of these jerks have trouble facing themselves in the mirror.

Only government legislation can stop these lawsuits, and all developed countries have to take this issue seriously enough to move the legislation through. Won't happen, unfortunately.

Posted via CB10

This looks like the lawyer trolls think BB is about to make a lot of money. This is better analysis that the stock guys. I would love to see a company take the case to court and cost the trolls a sh*tload of money and put an end to this litigious black mail. I work in an industry that is constantly sued (Public Transportation) and in the last few years we have been calling them out and taking them to court. The instances of frivolous litigation has plummeted.

In the words of a drunk, dead guy: "Can't we just all get along? "

Apple is king of patent trolling. Where do these guys get off?

@BruvvaPete

Currently there is a loophole. Companies like this will manipulate the system for as long as they possibly can. Gotta give 'em props for knowing how to play the game.

Posted via CB10

Has anybody even read the patent? As far as I can tell, this is the way PASV mode of FTP works. Different field and terminology, but same mechanism, in use since 1971.

Two days old news. I don't think they have a valid claim sube BlackBerry licensed rights via chips et purchase from qualcomm and broadcom.

This license is perpetual over to BlackBerry.

Chris, can we have a legal followup here.??

Posted via CB10

Ok, I may live in a world of colorful fantasy for a moment writing this but: What the heck! Companies that only register patents and never put active effort to make them happen/ be applied are just parasites to the development of technology and the world.

I mean these people would NEVER produce LTE network and technology, so what they are saying is because the got a piece of paper (even if so), they have the right to claim money. This may be legal business wise but hell it is totally against any sence of ethics. I am not talking because of BB, I say that in general. If apple has a patent and claim, at least they are a company that may very well bring their patent out to consumers, all would benefit from advancing technology. (I am not saying that suing for "rectangular phone with round corners" is ok by me). Rather my point is, at least the courts and legislation should be taking into account if the plaintiff is ever going to produce that technology and contribute to the tech advancement of this frikking world or if they are parasites in that aspect, scavenging for dollars without any contribution whatsoever.
Imagine if everyone said: ok you have LTE but we will not pay a dime, we will never get LTE on any phone or network in the area of your patent registration application... that would only lead to the greater public being deprived of the potential of high speed internet on their phones, just because of patent torlling..

seriously.... that sucks (although I repeat I understand how "business" goes in those cases...)
I d love to see a judge smack them in the face for once...

It is simple, put out a law where if one sues for patent infrigment and they loose their suit, they are automatically obliged to pay 1,5 times the money they were asking for as compensation plus cover all bilable attorney hours of the defendant... that would make them re-consider in more than one instances....

How is this any different from those web address trolls who were stopped from buying up hundreds of domains for the purpose of selling them for profit when they had no substantial reason for owning them (ie. buy Madonna.com for like a tenner and sell for ten mill when your name is Dan Parisi)

I may be mistaken but didn't they make that illegal, how is owning nothing but patents any different?

Knowledge is power...

There needs to be better regulations on how patents are approved and impletemented. Some of the approved patents and litigation like these are clear signs there is something really wrong with how the patent systems are now, when it can so easily be exploited unreasonably.

Posted via CB10 on my Z10

They should have a rule, if you have own a patent, you better do something with it in 5 years, if you don't to anything with it, then the patent will be taken from you and put up for auction, 50% of proceeds to go patent office and 50% go to patent owner. Or whatever the numbers may be, but this bs with buying and just sitting on a patent waiting for someone to use it so you can sue is just garbage.

Also, how big is this corporation anyways? Someone should just buy them!

Posted via CB10

Unfortunately this is how some spineless attorneys make a living. It probably won't go away anytime soon. I hope it does but ive seen this over and over again. And companies just settle.

Posted via CB10

Patents are supposed to protect innovation and allow inventors of novel technology to be compensated for their time and effort and improvement to society. But what they have become, along with the legal industry to litigate them, is totally out of control (law firms bill at hundreds if not thousands of dollars per hour).

I looked up the patent in question and have pasted the abstract below. I assume the lawsuit will be for tens if not hundreds of millions of dollars, even though the "technology" that is described by the patent seems to be practically insignificant. The only winners are the lawyers. Everyone else looses at least 50% of the time. The consumer looses 100% of the time because ultimately we pay for it.

Abstract:
A system for controlling a contention state for a communication link between a base station controller and customer premises equipment in point-to-multipoint communication. The contention state is controlled using a state machine, which includes a grant pending absent state in which a unicast request slot is maintained open for use by the customer premises equipment. During the grant pending absent state, the customer premises equipment sends no upstream data to the base station controller but can use the unicast request slot to request a data slot for sending upstream data to the base station controller. In the grant pending state, the customer premises equipment preferably uses piggybacking to request grant of a next data slot while sending upstream data to the base station controller.
http://www.archpatent.com/patents/8274991

WiLAN is run my idiots. I think they had an office in Calgary if om not mistaken. They're nothing short of moronic is all I know.

Posted via CB10

When will someone see this crap and put an end to it, they r to busy fighting free downloads and not protecting companies. This patent game is f ing ridiculous

Sent from the Amazing Z10

Just playing the devils advocate for a second, but what about the person who buys a piece of land that they feel will be worth more in a few years because developers are moving in that direction? Do we call them trolls too or do we call them wise investors? If they don't build a house there, do we just hand the property over to the developers? That don't seem fair to me. I call that capitalism, which we all seem to be pretty ok with.

I dunno. I have this bad habit of sounding like I'm defending those who don't necessarily deserve it, but maybe they do.

"I'm sick of hearing 'bout the 'haves' and the 'have nots' Have some personal accountability The biggest problem with the way that we've been doing things is The more we let you have the less that I'll be keeping for me" - Nine Inch Nails, Capital G

Hopefully BlackBerry retains an aggregate law firm given its own internal legal team was not up to the task of defending the name BBX against some database company which used the same name for their programming language used within the database products.

Posted via CB10 from the BlackBerry Z10