Sony loses $18.5 million in patent infringement case

by Andrew Yoon { Nov 18th 2008 at 10:23AM }

Over two years ago, Agere Systems filed a suit against Sony for potential infringement on patents regarding "wireless local area network apparatus." Looks like the courts ruled in Agere Systems' favor. Sony has been ordered to pay $18.5 million for use of the technology in their devices, such as the mylo and PSP. The jury ruled that the patent infringement was willful.

[Thanks, Patrick!]

Tags: agere, agere-systems, lawsuit, psp, sony

Reader Comments (Page 1 of 1)

Kattleox @ Nov 18th 2008 11:08AM

Wow. wireless local area network apparatus sure is a specific and exclusive term these days.

Patrick @ Nov 18th 2008 1:10PM

A couple of things that I didn't have access to when originally sending in the tip:

1) They were found to induce infringement on only 1 of the 10 patents originally accused.

2) The infringement wasn't on a wireless network apparatus. The infringement was on, and this is just a representative claim,:

18. A data protocol for use in storing pre-recorded audio in memory of an integrated circuit chip, said integrated circuit chip being adapted for use with an audio player, said data protocol comprising:

global header having parameters stored therein corresponding to an encoding technique used for storing said pre-recorded ,audio in memory and used by said audio player in decoding said audio; and

at least one individual header having multiple data fields,
said data fields including general description information
about individual tracks of said pre-recorded audio

So it looks like the infringed patent was more directed to how the PSP stored audio and the format of the header.

DISCLAIMER: I'm an attorney but I am not YOUR attorney and this is not legal advice. If you need legal advice, seek out an attorney.

eMag @ Nov 20th 2008 8:45AM

That's just the title/abstract of the patent. Sony infringed on the patent claims, which are way too detailed and lengthy to put in a blog post. You can read the patent for yourself, however.

MATT @ Nov 18th 2008 11:15AM

I think I'm gonna sue Sony for shoulder buttons. Seems worth a try.

Sonnyjimba @ Nov 18th 2008 12:10PM

Why don't I sue Sony for use the letter "P" in PSP...
Think of the poor alphabet!

I mean honestly this is becoming a joke, everyone is sueing everyone for everything else!

Gurbinder @ Nov 18th 2008 3:14PM

theres business for ya

aj @ Nov 19th 2008 12:16AM

Why is reforming the patent system considered so nuts, again?

cafecito @ Nov 18th 2008 12:17PM

Who the F*** is agere systems?

Anyway, for a while there I thought there was gonna be a Phoenix Wright game for PSP.

Lord Foortwenti @ Nov 19th 2008 4:40AM

Agere is a break-away from Lucent. A few years ago Lucent spawned (split into really) a couple smaller companies and Agere was one of them. Agere was actually an existing company, but Lucent acquired it, and then kind of spun-off a portion of it's technology division into it.

ruibing @ Nov 18th 2008 12:31PM

This is ridiculous. Agere tried to sue Sony for just about everything back then, even "barrier layer treatments for tungsten plug". I believe the only reason they were awarded with this was either because of anti-Sony sentiments or plain ignorance from the jury. Agere doesn't even seem to exist anymore since their website says they merged with some other company called LSI.

If we don't get a price cut for the PS3 in the first half of next year, I'm blaming this company and the state of Texas.

Didn't I just read on n4g that someone else is suing Nintendo in that very same district? Does this district have some history of awarding ridiculous amounts of patent suits?

Patrick @ Nov 18th 2008 1:04PM

Does the E.D. of Texas have a history of awarding ridiculous damages? No. But it is known to be a very plaintiff friendly jurisdiction, with some reports of jury verdicts being in favor of the plaintiff 70% of the time.

The Patent Reform Act of 2007 (now 2008) has jurisdictional limitations built into it to prevent companies from setting up dummy offices (which happens in East Texas a lot), but the legislation is tied up in Congress.

-p-

aj @ Nov 19th 2008 3:00AM

.....and both the Republicans and Democrats voting in congress have vested interests in keeping things just as they are. A two party system really sucks when both parties side with industry on IP and patent matters because the consumers can't be bothered to actually vote on something that really matters. (No, guns, abortions, and gay marriage don't matter. Stop voting for or against just those things, America, you're starting to look silly.)

Masterofallz @ Nov 24th 2008 5:45PM

Yup, you got it right. A company no ones ever heard of, is suing Nintendo for "stealing" its motion sensing dector things...
If the lawsuit isnt denied, the Wii will stop being sold to consumers in America.
Sucks, doesnt it?

Hashbrown Hunter @ Nov 18th 2008 12:43PM

-1 to you Andrew Yoon for having Pheonix Wright in this picture rather than Harvey Birdman.

SHAME ON YOU.

Brett from Atlanta @ Nov 18th 2008 2:18PM

That picture really makes me want phoenix wright for the psp.

Patrick @ Nov 18th 2008 2:24PM

A couple things I didn't have access to this morning when I submitted the story.

1) It looks like they were found liable (inducement) for only 1 of the 10 patents they were originally accused of infringing.

2) You can't go just by the title. The claims are what matter. Here, a representative claim that may have been the one infringed (I can't look through the docket to figure out which were asserted):

1. A data format for use in an audio system wherein pre-recorded music is digitally encoded in memory of an integrated circuit music chip, and said music is decoded and reproduced by means of an associated audio player, said data format for storing information pertaining to the contents of said music chip, wherein individual tracks of audio are stored in designated locations in said music chip, said data format including:
first header having parameters stored therein for use by
said audio player in decoding said digitally encoded
music stored in said memory; and
at least one second header, said second header including selectable categorical information relating to said individual tracks of audio stored in said memory.

So it's really about the wireless network apparatus as it is, apparently, about how a device stores information about audio tracks.

DISCLAIMER: This isn't legal advice and I am not your attorney. If you need legal advice, seek out an attorney.

patrick @ Nov 18th 2008 4:31PM

stupid posting-delay double posting.

Lol @ Nov 18th 2008 2:50PM

Nice source, like no-ones ever faked a scanned pdf file before.

patrick @ Nov 18th 2008 4:31PM

*ahem* Sorry my source was too authentic for you and that I tipped PSPFanboy off before the other news sites picked this up.

Please see the links below reporting on it. The first is a blog that tracks patent cases in the Eastern District of Texas. The other is the Texas newspaper for Tyler.

http://mcsmith.blogs.com/eastern_district_of_texas/2008/11/patent-verdict-in-agere-v-sony-in-marshall.html

http://www.tylerpaper.com/apps/pbcs.dll/article?AID=/20081118/NEWS01/811180317

Hopefully this is sufficient proof for you.

patrick @ Nov 18th 2008 4:38PM

Also, for the record, docketnavigator.com is a website/reporting service that sends daily emails reporting on court's dockets. The source you doubt is the court's record of the jury verdict form.

Feel free to send in the tip next time and provide a more believable source.

sony boy @ Nov 18th 2008 3:34PM

americans always want sue. Jesus, i mean they just want money like the Sonic Team

NoBullet @ Nov 18th 2008 9:51PM

And Japan likes to steal patents/technology. Read up on it. They have stolen a ton of patents from America for the longest time.

Guido @ Nov 18th 2008 7:00PM

Yet another fine example of why modern technology is advancing way too fast for our outdated patent systems. Not just software, but obviously hardware as well.

CABALLOTE @ Nov 18th 2008 7:27PM

Wow, with all the great minds @ Sony they're still being caught with their pants down. Sony also got sued (and lost) for a patent infringement on a technology that wasn't "theirs" to begin with, not surprised.

ChrisWanker @ Nov 18th 2008 8:17PM

Too bad this isn't the Xbox360 getting sued or bashed for something... Just think how many people here would be happy!

Baaaaaa!

aj @ Nov 19th 2008 12:22AM

At this point no one even notices when Microsoft gets sued.

MOOOO! (I like playing the barnyard game. Can someone transliterate the sound of an emu?)

aMIGA_dUDE @ Nov 20th 2008 5:34PM

Nobody notices when Microsoft get sue because it happing daily and there are not blog able to keep up.

Microsoft have lost Billions in patent case in last 5 years alone, Sony loses a few Million and it big news.

Go figger.

corn dog @ Nov 19th 2008 8:42AM

Ha, people are easily moved into mocking someone that was done wrong. Even if it was a protocol. A protocol is needed to WORK with a specific device. You CANT accidentally recreate a communications protocol. In fact it is complicated to follow one. Only people ignorant of what took place will think it is something that is lightly. My point is this spend million of dollars to develop something yourself. Then have a Sony copy it to avoid paying you a license fee and see if your mocking the victim then.

R-Tug @ Nov 19th 2008 9:23AM

Please do not destroy vital testing apparatus.

Masterofallz @ Nov 24th 2008 5:44PM

"

Microsoft now faces a lawsuit over recent problems with its Xbox Live online gaming service.

Three Texas residents filed a lawsuit Friday on behalf of themselves and others who have had trouble connecting to Xbox Live in recent weeks.

The suit, filed in U.S. District Court in Houston, claims Microsoft's outages represent a breach of contract and negligent misrepresentation for which the software maker is liable. The suit doesn't claim specific damages, but notes the amount is in excess of $5 million.

In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. "Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers."

Microsoft has apologized for the outage and said it would allow Xbox live subscribers to download a free game.

A Microsoft representative was not immediately available for comment."
WOO.