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  • Microsoft Co-Founder's Lawsuit Against Apple is Dismissed



    Apple may be off the hook for now - at least with regard to one of its many ongoing legal skirmishes. Microsoft co-founder Paul Allen's lawsuit against Apple (a suit that also involved ten other major companies) has been officially dismissed by U.S. District Judge Marsha Pechman, who deemed the complaint to be too "vague" to act on. Allen now has two weeks to file an amended complaint - something his legal representatives say he will do.

    The lawsuit in question was filed by Allen's firm Interval Licensing. In addition to Apple, the suit took aim at Google, Facebook, Yahoo, AOL, eBay, Netflix, Office Depot, OfficeMax, and Staples. Proving the convoluted and complicated entanglements born of intellectual property and patent usage in contemporary big businesses, Allen says the companies cited all violated patents he received while in charge at Interval Research - a firm that is no longer in business.

    After the suit was filed in late summer, Apple (along with other defendants) formally responded by filing a request to dismiss
    the charges. "Interval has sued eleven major corporations and made the same bald assertions that each defendant infringes 197 claims in four patents," Apple stated. "As the U.S. Supreme Court noted in Twombly, it is in this type of situation in which courts should use their 'power to insist upon some specificity in pleading before allowing a potentially massive factual controversy to proceed.'"

    Ultimately, Apple's assertion that the charges were too vague was similarly recognized by Judge Pechman. Allen, however, plans to keep the case "on track" and appears to maintain the same sentiment expressed in his initial filing, an argument contending that his patents cover "fundamental web technologies first developed at Interval Research in the 1990s, which the company believes are being infringed by major e-commerce and web search companies."

    CNET
    This article was originally published in forum thread: Microsoft Co-Founder's Lawsuit Against Apple is Dismissed started by Michael Essany View original post
    Comments 10 Comments
    1. z3r01's Avatar
      z3r01 -
      hAAA take that
    1. ZFrost's Avatar
      ZFrost -
      Everyone steals from everyone
    1. RICO_'s Avatar
      RICO_ -
      And the $625 million patent infringement lawsuit awarded to Mirror Worlds against Apple that Apple is now trying to delay into oblivion? When does Apple plan on paying up for THAT?

      Feels good when ur raking in the dough and stiff-arming lawsuits left and right.....not so good when you're on the flip side of it facing a record lawsuit payout eh Apple?
    1. Tyronal's Avatar
      Tyronal -
      And the patent troll cops a baseball bat to the back of the head (a la The Untouchables) , Woooooooo!!!!! On patents. If it ain't developed within 5 years, the patent should be voided. Society won't progress while ideas are shelved waiting for a law suit. Cop that Allen, you troll. HA!!
      Looks like a Troll!!
    1. whereswaldo's Avatar
      whereswaldo -
      Two words: Microsoft fail
      In an age and country where anyone can be sued for anything, you need to do a pretty bad job to get your lawsuit dismissed
    1. j.eck.art.3d's Avatar
      j.eck.art.3d -
      Quote Originally Posted by whereswaldo View Post
      Two words: Microsoft fail
      In an age and country where anyone can be sued for anything, you need to do a pretty bad job to get your lawsuit dismissed
      This guy was a cofounder of Microsoft, this suit has NOTHING to do with Microsoft. It is all about this guy's failed company from the 90's trying to make money on something that itself could never get off the ground. "Microsoft Cofounder Sues Apple". Ooooooooooo... That headline belongs on the NY Post... It makes something out of nothing. Let's face it, most people wouldn't read "another schmuck is suing Apple" (which is pretty much all Essany writes about lately) so he has to throw in Microsoft's name even though they really have about as much to do with it as the lemonade stand this guy started with his friend back when he was 7. But I guess it worked, after all you and I visited the post... The difference is that I read further than just the headline... I think you stopped.
    1. Tyronal's Avatar
      Tyronal -
      Quote Originally Posted by j.eck.art.3d View Post
      This guy was a cofounder of Microsoft, this suit has NOTHING to do with Microsoft. It is all about this guy's failed company from the 90's trying to make money on something that itself could never get off the ground. "Microsoft Cofounder Sues Apple". Ooooooooooo... That headline belongs on the NY Post... It makes something out of nothing. Let's face it, most people wouldn't read "another schmuck is suing Apple" (which is pretty much all Essany writes about lately) so he has to throw in Microsoft's name even though they really have about as much to do with it as the lemonade stand this guy started with his friend back when he was 7. But I guess it worked, after all you and I visited the post... The difference is that I read further than just the headline... I think you stopped.
      The story should actually read, "douche sues everyone but Microsoft". That fact he's not adding his old company in the suit just proves he's a patent troll. Microsoft actually use the same intellectual property inside IE this guy is suing everyone else for. If his intellectual property means that much to him shouldn't EVERYONE pay a licensing fee? Why is he being so selective about who gets sued? This kind of money grabbing will kill small time programmers and software writers scared of being sued for stumbling onto something someone else thought of but never cared to develop. Patent banking should be outlawed.
    1. j.eck.art.3d's Avatar
      j.eck.art.3d -
      Quote Originally Posted by Tyronal View Post
      The story should actually read, "douche sues everyone but Microsoft". That fact he's not adding his old company in the suit just proves he's a patent troll. Microsoft actually use the same intellectual property inside IE this guy is suing everyone else for. If his intellectual property means that much to him shouldn't EVERYONE pay a licensing fee? Why is he being so selective about who gets sued? This kind of money grabbing will kill small time programmers and software writers scared of being sued for stumbling onto something someone else thought of but never cared to develop. Patent banking should be outlawed.
      Couldn't agree more! All I was saying was that this has nothing to do with a "Microsoft Fail" as Waldo so eloquently put it. Patent squatting should be illegal, and I do not agree with these suits AT ALL (side note: IMO, Apple is the BIGGEST offender of patent squatting). I just want to make that clear. I was simply commenting on the fact that Microsoft has nothing to do with this suit. As I said, just because he cofounded a company (that of my knowledge he has nothing to do with anymore) doesn't mean that he is still acting as a member of that company. As stated earlier; you might as well bring up the fact that he was the cofounder of a lemonade stand on his parent's front yard when he was 7, it's equally relevant.
    1. Tyronal's Avatar
      Tyronal -
      Quote Originally Posted by j.eck.art.3d View Post
      Couldn't agree more! All I was saying was that this has nothing to do with a "Microsoft Fail" as Waldo so eloquently put it. Patent squatting should be illegal, and I do not agree with these suits AT ALL (side note: IMO, Apple is the BIGGEST offender of patent squatting). I just want to make that clear. I was simply commenting on the fact that Microsoft has nothing to do with this suit. As I said, just because he cofounded a company (that of my knowledge he has nothing to do with anymore) doesn't mean that he is still acting as a member of that company. As stated earlier; you might as well bring up the fact that he was the cofounder of a lemonade stand on his parent's front yard when he was 7, it's equally relevant.
      Agree, agree. I just wanting to add to your argument and wholeheartedly agree about the hack that calls himself a writer here.
    1. Rob2G's Avatar
      Rob2G -
      I really feel out of the loop because I never even knew this was going on.