UK-based communications giant British Telecom has filed a law suit alleging that almost every Google product infringes at least one of six of their patents. But should we really care?
I know what you’re thinking: what has BT got on Google and why should we care? There are two reasons why this is actually interesting.
First, BT is an important player, not just in the UK. It’s one of the largest telecoms companies in the world, with operations in over 170 countries. It has a long — if now declining — history in mobile phone services, and during the boom of the 80s and 90s churned out an insane number patents from its R&D division. In total, their patent portfolio tops 10,000.
Second, the six patents that it suggests are being infringed are broad, generic — and actually seem like legitimate claims. Patent #6,397,040, for example, describes systems that use your location to tailor a list of options or sources to be made available to you, something that Google applications, both on phones and online, do all the time. In fact, BT is homing in on what it calls “ongoing and pervasive” patent infringement in Google’s core web products and services.
Some of the alleged infringements also seem to apply to Apple, too. In particular the “Busuioc Patent”, which describes how a device can detect if it is connected to a mobile or Wi-Fi network and then stream data depending on the situation. It’s currently unclear if BT is pursuing legal claims against Apple.
What is clear is that BT actually has at least some basis for its dispute, which can’t be said for much of the legal crap we see flying around these days. If BT are successful, it could be in line for billions of pounds in royalties. Let’s wait and see. [The Guardian and The Verge]
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I wonder what the broader ramifications of this action would be if BT won, i would imagine that most devices would be susceptible to “Busuioc Patent” infringement.
I also wonder whats taken BT so long to realise they have a case, cynically i’d suggest that they have seen the issues between samsung/htc/the world and apple a their eyes have gon kerching with pound signs!
As with many companies that have “over 10,000 patents” I guess it takes time to find out which particular patents they have which are being infringed.
The other issue will be whether their patents have been submitted (and/or apply) only in the UK, or globally?
I always thought that if you patent something in the UK only then someone else can patent the same thing in the US (if you don’t do it first) and it’s your loss for not being quick enough.
So much for Android being “free” – at this rate, the royalties companies need to pay are going to start costing a pretty penny.
Don’t be silly. Google will just have to sell a few private jets…
The sure-fire sign of any companies desperation is when they try patent trolling. You only have to look at Apple to see how pathetic they have become. BT are clearly in the same mess.
These will never pass in court. They are so general it would be madness to all this. I mean, the Busuioc Patent apply’s to every single device that uses networking. Quicky reading the patent it’s just about choosing the correct transfer medium. My tv does this for god sake !
Exactly. You’d only have to ask why BT didn’t sue each and every other infringer for the case to be thrown out in court.
Perhaps not, the requirement for enforcement applies to trademark infringement NOT patent infringement, ie. there is no requirement to use or defend a patent but there is for a trademark. Defences typically used against patent infringement torts are either that the patent is invalid, eg. claims invention where there is prior art, or that the patent is overly generic or obvious, in which case there is usually a requirement to offer FRAND terms (see the recent motorola-apple case in germany).
It’s interesting that they have chosen Google as the first target of this as it would appear that the patents may well apply to any and all smartphone OS makers along with a huge number of web services. I assume that by getting a judgement against a company that has both web and mobile presence (not to mention a lot of cash) they are hoping to cover the board in one move, meaning everyone will have to pay them licence fees and/or damages. Also Google have a week counter portfolio which makes it harder for them to say “if you don’t sue us for using your patent, we won’t sue you for using ours”.
How many patents? Over 9000?!
In other words, patent trolls keep on trolling.
A while ago BT tried to claim they patented the hyperlink, it didn’t go well for them:
http://www.zdnet.co.uk/news/it-strategy/2002/08/23/bt-loses-hyperlink-patent-case-2121257/