Orinda Intellectual Properties sues Sony for Blu-ray patent infringement

by Andrew Yoon { Aug 28th 2008 at 5:00PM }

Orinda Intellectual Properties, a company whose main purpose appears to be suing other companies (see Google search for more), has claimed that Sony has infringed upon patent number 5,438,560, which describes the process of layering data on an optical disc. The patent, originally filed by Hyundai in 1993, sounds similar to Blu-ray's multi-layering process. (However, this sounds like technology used in almost all forms of optical media.)

Orinda is demanding a trial, and wants to halt the manufacturing, sales and distribution of all Blu-ray devices, including the PS3. Orinda is also asking for "a reasonable royalty." "Orinda has been and will continue to be damaged as a result of Defendants' infringing conduct," the company said in the filing. "Defendants' infringing conduct will continue unless permanently enjoined by this court."

This isn't the first time Sony has been entangled in a legal battle. See some other (sometimes ridiculous) cases here.

[Via NeoGAF]

Tags: blu-ray, lawsuit, orinda, patent

Reader Comments (Page 1 of 2)

Gambit07 @ Aug 28th 2008 5:10PM

Of course they're being damaged, just the other day I was going to pick up a Orinda player, but I said no! I chose the Blu-Ray player!

Superleggera @ Aug 29th 2008 12:18AM

I also Call BS...

To go through 5 ps3s is just unrealistic.

Unless of course you never play them, I play it nightly, and im on my 1273rd, and Ive only had a Ps3 since last Christmas.

I mean c'mon! Yesterday ALONE I went through 6!

Gambit07 @ Aug 29th 2008 1:26AM

Ummm, I think your reply is for someone else, that I can't seem to find.

benny boy @ Aug 29th 2008 6:37AM

Lol it looks like someone got banned.

Sam @ Aug 29th 2008 12:36AM

I would sue Sony if it was me, am on my 5th PS3. Just because my ps3 couldn't read discs, blue-ray disk hardware problems!

Sony should FIX IT!

creyes4182 @ Aug 28th 2008 5:15PM

5th ps3? Really?! I call BS

Dirty @ Aug 28th 2008 5:29PM

Im more of a xbox guy.. but that seems ridiculous. I think that the ps3 is a tank... I too call shenanigans.

evilfoxhound @ Aug 28th 2008 5:29PM

There is a very big BR drive problem. I've had two of them die on me. They just stop reading discs.

It's very common, but for some reason it does not get much publicity.

benny boy @ Aug 28th 2008 6:11PM

I also have gone through 14 PS3s.

Anyone else want to help stir the Bullshit.

leiwei @ Aug 28th 2008 5:53PM

People with those DRE problems should try that "harddrive formatting" method I read in some other forums. Apparently, some people said the lockups and DRE went away when they just went to system settings and made the PS3 reformat the drive.

Heh I wouldn't know though. My system never locked up or had problems. Bought 2 months after launch. Only problem i have is the Sixaxis controller loses sync sometimes during gameplay. The DS3 doesn't though. I'm not sure why that is.

Ryan @ Aug 28th 2008 5:11PM

HaHa i laugh at this company. They are asking sony to stop making PS3s and all Blu ray devices. yea,... thats like asking the fat kid to guard the pie

wicko @ Aug 28th 2008 5:25PM

lol

These patent squatters really need to lay off.

DrunkRaba @ Aug 28th 2008 5:59PM

fat kids and pie, good times

Rowdehaj @ Aug 28th 2008 5:12PM

Parasites!

creyes4182 @ Aug 28th 2008 5:16PM

Why do these companies wait for Sony/MS/Nintendo to be 1-2 years into their product life cycle to sue? If Blu-ray really is infringing on a patent then why not sue when it was first announced? It's like they waited until Sony couldn't possible back out of using blu-ray in order to get more money out of them.. This kinda thing should be illegal IMO.

Aaron @ Aug 28th 2008 5:26PM

That's easy. Patent trolls want other companies to make a lot of money on technology they believe they have a patent on so they can sue for boatloads of back royalties.

Pointz @ Aug 28th 2008 5:31PM

You can't sue someone when they haven't made da cash monies yet. You wait a year, check profit margins, watch LittleBigPlanet pie chart presentation, rub your hands whilst licking your lips, listen out for da CHING CHING sound and proceed to call your lawyers. That's how you sue a company.

hexoDAT64 @ Aug 29th 2008 12:47AM

I honestly don't know anything about copyrights and patents, but isn't there some law or something saying that you must act within a decent amount of time for a case like this to be valid? I'm all for people copyrighting their own ideas, but when they wait like this to get all this money, its not being smart, its just being a douche bag and trying to rake in the cash.

Steve Childs @ Aug 29th 2008 5:28AM

Doubt it, its the American Legal System, where it appears anyone can sue anyone for anything.

IMO, it makes a complete joke out of the Country and its legal system. You'd never get such a case in the UK for example, it'd get laughed out of court (if it ever made it)..

jason @ Aug 28th 2008 5:15PM

its funny how every one sue's Sony ......and before some one makes a fanboy remark on this ....( Sony did not make Blu Ray ) Sonys just another company that uses the Tech.

Nathanical @ Aug 28th 2008 5:21PM

actually, sony DID make blu-ray, alongside Philips

Eggy @ Aug 28th 2008 5:14PM

Sony does not equal Blu Ray. Blu ray is a consortium of companies.

Aaron @ Aug 28th 2008 5:18PM

You're right, but right now Sony is the most visible face of Blu-Ray. If they were smart, Orinda would sue a smaller company that would not be able to afford a major legal battle, settle, and than gather legal precedence for the big boys.

brettski @ Aug 28th 2008 5:14PM

Boo companies that sue to stay alive.

Aaron @ Aug 28th 2008 5:14PM

If you can't beat em, sue em!

Popfrogs @ Aug 28th 2008 5:37PM

Or more to the point, if you can't build anything from your patent, sue someone that does.

PaulM @ Aug 28th 2008 7:00PM

So, if the royalties are calculated as a percentage of the profit per unit (work with me here), then won't Orinda actually *owe* Sony money?

will @ Aug 28th 2008 5:21PM

ummm... no?

papertiger201 @ Aug 28th 2008 5:29PM

The point he was making is that Sony is losing considerable amounts of money on the sale of PS3 consoles.

It's the software that makes the money.

Robert @ Aug 28th 2008 5:44PM

i see what you did, hypothetically if that is the method to pay royalties, then if no you sell the product at a loss then hypothetically Orinda owes money to Sony (negative profit = Orinda pays to Sony), but royalties are not calculated that way, they are sometimes calculated based on a percentage of the product price, a flat rate (1$ per unit for example), you pay a fee for per year (with different rates based on how many prodcut you sell), or sometimes a fee for perpetual license of the technology. I have never seen royalty payments based on profits, that will be a dumb move by the owner of the patents.

now on topic, I do not know the validity of these patents, but I only wish with a patent reform. maybe prohibiting patent sales, allowing only to the original inventor to profit from it

PaulM @ Aug 28th 2008 10:17PM

Yes, it was a hypothetical royalty scheme meant to point out the ridiculousness of filing suit to protect a patent that isn't making a profit.
Re-reading the original article, however, the patent seems to cover the media more so than the hardware, in which case there would be actual profits involved. Given that, it seems like Orinda should demand halting distribution and sales of Blu-ray software, not hardware. I guess their exact tactics are irrelevant though, since their end goal is just to get a piece of that sweet, sweet Blu pie.
Mmm, pie.

will @ Aug 28th 2008 5:22PM

yet another case of a company filing a patent with no intent to pursue it. companies like this file patents and hope someone infringes, because they can make a boatload off a lawsuit and never actually cough up capital to make the damned thing.

Miguel @ Aug 28th 2008 5:34PM

i hate patent trolls. they really deserve to get an ass beating.

Dirty @ Aug 28th 2008 5:34PM

If only someone would use one of my patents so I could sue..... like my ketchup and mustard dispensing sunglasses.

Gambit07 @ Aug 28th 2008 5:56PM

oh Shiat! (hides)

jason @ Aug 28th 2008 5:35PM

Well Nathanical Sony did not make bluray at all in fact if you go on ( www.bluray.com ) it will tell you and see for your self.

The Blu-ray Disc format was developed by the Blu-ray Disc Association (BDA), a group of leading consumer electronics, personal computer and media manufacturers, with more than 180 member companies from all over the world. The Board of Directors currently consists of:

Apple Computer, Inc.
Dell Inc.
Hewlett Packard Company
Hitachi, Ltd.
LG Electronics Inc.
Matsushita Electric Industrial Co., Ltd.
Mitsubishi Electric Corporation
Pioneer Corporation
Royal Philips Electronics
Samsung Electronics Co., Ltd.
Sharp Corporation
Sony Corporation
Sun Microsystems, Inc.
TDK Corporation
Thomson Multimedia
Twentieth Century Fox
Walt Disney Pictures
Warner Bros. Entertainment

Trhollywood @ Aug 28th 2008 5:54PM

agreed i'm tired of those small no name companies popping up from no where and saying foul. now if you were making and using the tech and then sony stole it ok but thats just a bs way to try and make money.

its allot like this lady i hit few years ago told the medics she was fine and didn't need to go to the hospital a year later she tried to cry foul when you moneis when bankrupt. lol judge told her nope you F*** up no money for you. :)

The1stMJC @ Aug 28th 2008 5:47PM

I like how the company had a long time to sue, but decide now when PS3 is turning the corner and starting to look profitable. It like Fox waiting to sue WBros for Watchmen when the movie is ready to be released.

thread @ Aug 28th 2008 5:50PM

Quick question, why the heck a california law firm file a suit in texas? Is it because its easier to win in texas?

benny boy @ Aug 28th 2008 5:55PM

Wow. You sound like a complete twat.

Sangor @ Aug 28th 2008 6:00PM

If they can not build some type of working prototype they should never be allowed to file a damn patent.

razgriz94 @ Aug 28th 2008 6:10PM

Ok, so the Blu-Ray format has been out for how long now? Like 2-3 years right? And this company is just getting around to suing? Does anyone else smell Microsoft behind this? I mean just as the PS3 is starting to pick up steam, and slow down MS, this mystery company pops up demanding PS3 production be halted? Smells fishy to me.