Infringement suit targets Apple, Sony, Nintendo
updated 08:50 pm EDT, Mon July 6, 2009
Patent suit targets Apple
A new lawsuit has targeted Apple, Sony and Nintendo, for allegedly infringing on patents involving technology used in the iPhone, Wii and PS2, among others. The plaintiff, Shared Memory Graphics LLC, holds U.S. Patent No. 5,712,664 that describes a "shared memory graphics accelerator system."
The '664 patent involves technology for enhancing graphics by integrating part of the frame-buffer storage space and the graphics accelerator on the same chip. The system also allows the frame buffer size to be expanded by separate memory components. The filing also cites a second patent that builds upon the '664 claims.
The technology initially was patented by Alliance Semiconductor, although it was eventually sold to a holding company. Shared Memory Graphics was formed just last month and received rights to both patents.
The attorneys accuse Apple of infringing on the patent by using the related technology in the iPhone and iPod touch. Both products utilize PowerVR MBX Lite systems, which allegedly combine on-chip and off-chip frame-buffer memory technology protected by the patent claims.
Nintendo has been targeted because of graphics acceleration systems used in its Wii and GameCube devices. The accusations involving Sony relate to the PSP and PS2 gaming devices.
The plaintiff's attorneys are fighting for a "reasonable royalty" from each company, along with enhanced damages from Sony. The filing also demands an injunction to prevent further infringement, or royalties to compensate for future infringement.
The case is still in the very beginning stages, leaving the defendants time to fight for dismissal or negotiate licensing agreements. Despite the availability of each product for years, the filing does not suggest the companies were previously notified of the infringement or provided an opportunity to negotiate privately.












Wait...
07/06, 10:31pm reply
"Both products (iPhone, iPod touch) utilize PowerVR MBX Lite systems..."
So you sue Apple instead? I'm not trying to sound like an idiot, but if Apple is using something from PowerVR, who is responsible here?
64stang06
Mac Elite
Joined: Aug 2007
both
07/06, 11:02pm reply
A patent holder with a valid beef can go after anyone utilizing the technology without permission: vendors, clients, middlemen, etc.
I suspect Apple's purchase agreement with them thoroughly protects Apple from such claims. I'm guessing worst that happens is that PowerVR takes a mandatory license and we continue to enjoy ever-improved versions of iPhone and iTouch.
Loren
Fresh-Faced Recruit
Joined: Mar 2001
Just curious...
07/07, 08:28am reply
did either Alliance Semi or their current "holding company"(probably just a bunch of lawyers mining lawsuit-worthy patents) ever actually produce or truly intend to produce products using this technology. Smells like someone had the idea to patent something, just let others do the hard work of development/tooling/production, and once the final products became a hit they just swooped in and cried foul. US civil law is so jacked-up.
TomSawyer
Fresh-Faced Recruit
Joined: Jan 2008
This line says it all:
07/07, 09:25am (1 reply) reply
"The technology initially was patented by Alliance Semiconductor, although it was eventually sold to a holding company."
Patent law is intended to protect innovation. i.e. to make sure a small inventor will get properly recognized and remunerated for inventing something. When a patent is held by a holding company, what innovation is being protected?
hayesk
Professional Poster
Joined: Sep 1999
Eh, this
07/07, 12:39pm reply
"Shared Memory Graphics was formed just last month and received rights to both patents."
Received rights to an undefended patent? I think they should be suing the holding company for selling them a useless piece of paper.
Flying Meat
Fresh-Faced Recruit
Joined: Jan 2007
Re: The line...
07/07, 12:45pm reply
Patent law is intended to protect innovation. i.e. to make sure a small inventor will get properly recognized and remunerated for inventing something. When a patent is held by a holding company, what innovation is being protected?
So, you want different rules for patents, depending on who owns it? And who determines whether the company that owns it is a holding company, or just has not been able to get production going, or an individual who developed it, or what?
If Apple gets a patent on a design/idea, but hasn't done anything with it, and MS goes off, steals the concept, and produces a product, you'd be fine with this, since Apple never actually tried to produce it?
The problem with patents in the US isn't the holding companies, or the people 'coming up with ideas' and waiting for others to develop them.
The biggest problem is the USPTO accepting overly broad, generic, vague, and downright laughable patent applications without apparently any idea what is actually being patented.
testudo
Fresh-Faced Recruit
Joined: Aug 2001
Re: Eh, this
07/07, 12:50pm reply
Received rights to an undefended patent? I think they should be suing the holding company for selling them a useless piece of paper.
Um, the holding company did the buying, not the selling. And the paper is useless only if they can't win/settle the suits.
And I wouldn't be surprised to find out the holding company was made up of both lawyers and the previous patent owner. There's money to be made in lawsuits, and this is a way to protect the patent holder from reverse claims (LLC yourself, then go bankrupt if necessary).
testudo
Fresh-Faced Recruit
Joined: Aug 2001
finally
07/07, 12:53pm reply
From this excerpt:
Despite the availability of each product for years, the filing does not suggest the companies were previously notified of the infringement or provided an opportunity to negotiate privately.
What would be something that would be really, really, really nice to be added to patent law would be having to reveal 'infringement discovery time'. Get proof of when they discovered the infringement, as opposed to letting people infringe until success was made, then suing to get the most money.
But I'm sure they'd just come out with some other loophole, like creating a holding company and claiming they didn't know about the infringement until after the sale took place.
testudo
Fresh-Faced Recruit
Joined: Aug 2001
Public Good
07/07, 03:16pm reply
[i]If Apple gets a patent on a design/idea, but hasn't done anything with it, and MS goes off, steals the concept, and produces a product, you'd be fine with this, since Apple never actually tried to produce it?[/i]
Sounds like a good idea to me. A good idea in that the fundamental idea of patents is to allow inventors to profit from developments that benefit the public good. They expire because the people who created the system realized that after some period it is more valuable to the public at large if an idea becomes free. The originator is given a reasonable time to profit from it, then it goes to the greater good. That's why drug patents are shorter, I assume--the greater benefit to the public good is more important with medicine, therefore they are made "free" faster.
If an inventor comes up with something and does nothing to benefit the public good, they're going against the spirit, if not currently the letter, of the law. I'm not saying there's any good way to actually do this with patent law, but I am saying if you did everyone would benefit but the lawyers and a few large companies hoarding ideas to keep them away from competitors.
Makosuke
Fresh-Faced Recruit
Joined: Aug 2001