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story category Patent Firm Attacks Cable and Digital TV
Claims rights to DOCSIS and digital TV transmission technologies
(old news - 10:59AM Saturday Feb 16 2008)
tags: legal · business · cable
Tipped by fiberguy See Profile
Rembrandt IP Management is a Philadelphia-based company that is in the business of buying up technology patents and suing others who use them. While this kind of patent troll isn’t uncommon, the breadth of Rembrandt’s lawsuits is aimed at significantly altering the cable television market by going after both cable companies and major television broadcasters.
"It is attacking two key technology standards used by the cable and broadcast industries, CableLabs’ DOCSIS and the Advanced Television Systems Committee’s digital-TV spec. ‘If they’re successful, this could affect everything from the cost of cable service to the price of TVs,’ said an attorney close to the litigation, who spoke only on condition of anonymity."
Cable companies including Cox, Comcast, Charter and Time Warner face allegations of patent infringement for both cable modem and digital TV transmission patents. Networks including ABC, NBC and FOX face lawsuits for their digital TV transmission. Many companies have made efforts to demonstrate that they don’t violate the patents but also that Rembrandt doesn’t have a legal right to such broad patents to begin with. The bulk of this legal action is pending in Delaware.

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Forums » Patent Firm Attacks Cable and Digital TV
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Chiyo
Save Me Konata-Chan
Premium
join:2003-02-20
Minneapolis, MN
clubs:
·Comcast

waste of time

What a waste of time get a real job.. On the other hand I always find it funny that patent holders always find out about "their" patents being used years later after ti's become mainstream.
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patcat88

join:2002-04-05
Jamaica, NY

Re: waste of time

What happened to the "if you don't defend your trademark/copyright/patent it becomes 'diluted' and genericized and you loose all rights to it"?

Jason Levine
Premium
join:2001-07-13
USA

Re: waste of time

That only applies to a trademark. Not to copyright or patent issues.

I do think, however, that there should be a law that if you sit on your patent without either enforcing it or developing a product based on it for too long, you should lose the right to sue over someone else's use of it.

Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:
·Embarq

Re: waste of time

said by Jason Levine See Profile :

That only applies to a trademark. Not to copyright or patent issues.

I do think, however, that there should be a law that if you sit on your patent without either enforcing it or developing a product based on it for too long, you should lose the right to sue over someone else's use of it.
Very true. We need anti-patent troll laws to prevent this. Use it or lose it.

maartena
Stacked.
Premium
join:2002-05-10
Orange, CA
·RoadRunner Cable

This is what's wrong with America.

The legal system in this country needs a major overhaul.

Buy the rights to something and then sue everyone who uses it? Such a lawsuit is not a problem if there were actual rights breached and a company is just trying to get the justice they worked for.... but the business this company is in is just abusing the legal system because they know the cable companies can pay up millions.

And who gets shafted in the end? The customer.
--
"Any society that would give up a little liberty to gain a little security will deserve neither and lose both" -
Benjamin Franklin, Founding Father.
SD6

join:2005-03-26

Re: This is what's wrong with America.

said by maartena See Profile :

Buy the rights to something and then sue everyone who uses it? Such a lawsuit is not a problem if there were actual rights breached and a company is just trying to get the justice they worked for.... but the business this company is in is just abusing the legal system because they know the cable companies can pay up millions.

And who gets shafted in the end? The customer.
Not true. Many small companies go out of business. Why shouldn't they be allowed to gain at least from the technology they developed?

The CATV companies do NOT innovate. They generally utilize technology that others develop.

The VoIP lawsuits that Verizon have brought are more dubious, and are more for competitive reasons than "meritorious" reasons, than these.

The customer is more often hurt by the abuse of monopoly or dominating company than by some little guy suing.

Noah Vail
Premium
join:2004-12-10
Lorton, VA
·RoadRunner Cable

Re: This is what's wrong with America.

said by SD6 See Profile :

The CATV companies do NOT innovate. They generally utilize technology that others develop.
That's correct, they do not innovate.
They simply pay the bills of the people who do innovate by buying the innovated product.

It's not cost effective for the CableCos to operate their own R&D departments, but if there were no product development, they would have to. The output would be klunky and the consumer would pay for failure and success alike. So the independent guys are good to have around.

Synopsis: There would be reduced innovation without independent developers.
There would be no innovation with the CableCos.

NV
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Abortion: A Republican Plot to Thin the Liberal Herd.

GOLFnSUN
Enjoy the sun
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join:2002-03-03
Avalon, NJ
·Sprint Mobile Broa..
·Comcast

said by SD6 See Profile :

Not true. Many small companies go out of business. Why shouldn't they be allowed to gain at least from the technology they developed?

The CATV companies do NOT innovate. They generally utilize technology that others develop.

The VoIP lawsuits that Verizon have brought are more dubious, and are more for competitive reasons than "meritorious" reasons, than these.

The customer is more often hurt by the abuse of monopoly or dominating company than by some little guy suing.
I agree that some patents are legitimate and they deserve to win. But many of these patents are not specific enough to be enforced and these lawsuit firms try to get money thru blackmail rather than thru any legitimate claims.
The 1/2 of 1% that they want is less money than legal fees would be for many of the smaller firms they sue.

These particular lawsuits are news because of who they are suing this time. Against these foes the patent troll lawsuit firm may just lose. But they clean up on all the small and mid-size firms that can't fight back.
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fiberguy
My views are my own.
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join:2005-05-20
You have a pretty strange view on innovation.
jgegner

join:2007-12-17
Bowling Green, KY
·Insight Communicat..


2 edits
said by maartena See Profile :

The legal system in this country needs a major overhaul.

Buy the rights to something and then sue everyone who uses it? Such a lawsuit is not a problem if there were actual rights breached and a company is just trying to get the justice they worked for.... but the business this company is in is just abusing the legal system because they know the cable companies can pay up millions.

And who gets shafted in the end? The customer.
This would be like either Intel or AMD receiving patents for new processor designs and then suing Dell, Gateway, HP, Sony and other computer manufacturers who choose to use them.

What a bunch of morons.
BigVe

join:2005-07-15
Gulliver, MI
How get you get a legal system overhaul when this country is controlled by lawyers etc.?

Titus Pullo
I came, I saw, I slept

join:2004-06-26
·Embarq

said by maartena See Profile :

The legal system in this country needs a major overhaul.
You got that right. And I know which nine jackasses I'd start with . . .
--

Dogfather
Premium
join:2007-12-26
Laguna Hills, CA
·Cox HSI
·Verizon FIOS
·Cox VOIP
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1 edit

Need loser pays system

We need penalties for people who bring these suits and lose other than just lawyer fees.

When it becomes a significant liability to lose one of these patent troll cases, they'll largely go away.

Force these patent trolls to pay not only lawyers fees to the defendants but also significant punitive damages in some sort of abuse of process counter award would mean the death of the patent troll.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: Need loser pays system

well with the list of companies this group is suing they better have the absolute best lawyers and lots of money to burn. especially going after the TV networks which are all owned by some rather large corps. ABC, Say hello to the disney legal team. NBC: prepair to meet General Electric, who im sure knows a few things about patent suits.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

PhoenixDown
-- Wants FIOS
Premium
join:2003-06-08
Fresh Meadows, NY
clubs:

Re: Need loser pays system

Your right... If they are going after these companies at once, they better have a ton of money because they will be going up against a combined legal team with more people than some small cities.
Sammer

join:2005-12-22
Canonsburg, PA

1 edit
What we really need is a statute of limitations on bringing patent lawsuits against technology that has already been vastly commercialized. If these patents have any value whatsoever these suits should have been filed over a decade ago.

PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03
·CableOne

Re: Need loser pays system

said by Sammer See Profile :

What we really need is a statute of limitations on bringing patent lawsuits against technology that has already been vastly commercialized. If these patents have any value whatsoever these suits should have been filed years ago.
INDEED! That would solve most of the patent lawsuits in this country. Why was it Vonage was in business for over 5 years before Verizon and whoever-else decided to sue them? What, they didn't mind that their patent was being used for the first 5 years? Well then they shouldn't have minded if Vonage CONTINUED to use their patent.

I propose a statute of limitations of no more than 5 years for patent suits. If someone is using your shit for 5 years, obviously a) you don't care, and b) it isn't hurting you. You snooze, you lose.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: Need loser pays system

said by PolarBear See Profile :

said by Sammer See Profile :

What we really need is a statute of limitations on bringing patent lawsuits against technology that has already been vastly commercialized. If these patents have any value whatsoever these suits should have been filed years ago.
INDEED! That would solve most of the patent lawsuits in this country. Why was it Vonage was in business for over 5 years before Verizon and whoever-else decided to sue them? What, they didn't mind that their patent was being used for the first 5 years? Well then they shouldn't have minded if Vonage CONTINUED to use their patent.

I propose a statute of limitations of no more than 5 years for patent suits. If someone is using your shit for 5 years, obviously a) you don't care, and b) it isn't hurting you. You snooze, you lose.
because they sue for money, if you devlop something and patent it but dont really do much with it. i start using that and you know about it. now if you are smart you will hit me hard on day one. if you are greedy like patent holding firms you wait till there are millions or billions to be made.
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fiberguy
My views are my own.
Premium
join:2005-05-20

Your statute of limitations would have applied anyway. When the company went public, it was only then that it was disclosed what they were doing.. it was at that time the suit was brought against them.

But, I do agree.. there should be a SOL.

Hmmm.. interesting.. SOL - Statute of Limitations.. or SOL = Sh*t out of Luck. I wonder if that was planned.
lawrence171
Evilly Yours - Evilness

join:2001-12-24
Canada
·Acanac

said by Dogfather See Profile :

We need penalties for people who bring these suits and lose other than just lawyer fees.
One of their nuts
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fiberguy
My views are my own.
Premium
join:2005-05-20

said by Dogfather See Profile :

We need penalties for people who bring these suits and lose other than just lawyer fees.
You're 100% correct... sadly, congress is too busy chasing baseball players on steroids right now.

.. aren't we fighting a war anymore?

PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03

Oh yeah!

I'd LOVE to see these guys sue every major cable internet provider and TV manufacturer. HA!

Shamayim
I already have a Messiah.
Premium
join:2002-09-23

This reminds me

somewhat of domain name squatters, those foresightful mercenaries in the early days of the web who registered domain names of successful companies before the companies knew what was happening. Then, like a ransom, they would sell the names of said companies back to the companies for a hefty price.
»library.findlaw.com/2000/Oct/1/128775.html
--
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grandpinaple

join:2006-01-03
New York, NY

Re: This reminds me

That is legitimate. It is no different than buying property that is underdeveloped and then all of a sudden the area becomes developed and it is worth big bux.
patcat88

join:2002-04-05
Jamaica, NY

Re: This reminds me

Wrong, it would be like someone going to another country where you don't do business, and set up a store with identical products and signage to your store, and then live off your ad campaigns for business. And then when you goto legally challenge them in their country, the judge says "they were here first, you loose".
grandpinaple

join:2006-01-03
New York, NY

Re: This reminds me

Ummmm, read the original comment. It made no mention of profiteering off of the name. It merely stated the names were held ransom for the company to buy back so they could use the web addresses.

Even if they were making ad revenue off of the name, the fact of the matter is they bought the rights to the name so they can do whatever they want with it.

Your analogy just doesn't make sense.
fiberguy
My views are my own.
Premium
join:2005-05-20

Re: This reminds me

I'm sorry to say, this was dealt with in a BIG wa back in the early 2000's... even registering a domain name with, say, 1 key stroke different than a well known name, those people were being sued and losing all the time.

Example, even registering eNay.com (where the N being next to the B was a common mistake) was frowned upon by the courts.. domain siphoning (using the like of another's established reputation or "like" name) has stood the test in court many time to be a big fat no.

As for simply registering a domain name, not using it, sitting on it, and not allowing someone to have "their" TM/SM/C name is also a big fat NO. The registrar, with the proper complaint, can remove the domain name from the registrant and ultimately turn it over to the mark owner.

If the name wasn't protected in the first place, you do nothing with the domain, and you don't try to "stick it to the business you squatted it from" then you are ok.

There really is not a simple black and white answer to this situation.
fiberguy
My views are my own.
Premium
join:2005-05-20

No.. it's not legitimate. The laws protect TM holders or those with certain copyrights.

There are specific laws on the books when it comes to buying and selling the name of a company that owns the legitimate rights to it.

If you purchased, for example, Microsoft, and had only intention of selling the domain name back to the owner, Microsoft, for a hefty amount of money (more than what was a reasonable cost (ie, your expenses) then you can actually be liable for some pretty hefty damages.

If anyone REALLY wants to press this one, I'll dig up the laws on that.. but really don't care to, at this time.
grandpinaple

join:2006-01-03
New York, NY


1 edit

Re: This reminds me

You are missing the point. The question was whether it was legitimate or not. There is a difference between legality and legitimacy. Sometimes the presence of legality leads to legitimacy. This is just another example of unnecessary medling in the free market preventing wise investors from profiting. Seizing the domain name to give it to someone else is the equivalent of seizing physical property.

Sabre
Di relung hatiku bernyanyi bidadari

join:2005-05-17
·Comcast

My patent filing.

Since patent law allows processes to be patented as well as inventions, this is the filing I will be presenting to the US Patent Office.

A process, to allow for the inventors of new processes and/or objects, to be recognised by the sovereign government of the USA as the original creator of said process or object and to be protected against any later claims to same.

And then I'll sue the US government for violating my patent patent.
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fishmaster
Premium
join:2004-10-08
Rockford, IL
·Comcast
·Insight Communicat..

Collection Agency??

Are these guys like junk debt collector? Buy up patents that don't quite fly and manipulate it like it was an original idea.

**Hey....see our patented diagram has a line in here -> and we have that similar term there -> There fore they are infringing. Now let the harassing begin....

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
·Qwest.net


1 edit

If we had a Senate and House


Up Yours Senate and House.
who where less interested in investigating if baseball players lied about taking performance enhancing drugs, investigating the Bush administration's every move, sucking up to Moveon.org, etc etc, etc, etc, etc, etc, etc, etc, etc.........x10 to the 33rd power. If they spent less time back stabbing, bitching, brown nosing, ass kissing, blaming every one else for problems they have caused. We have a Speaker of the House, and Senate Majority leader who bitches about the high price of oil, blames the Bush administration for it but yet will not let us drill for oil in the United States in order to do something about it. Because of all of this and more, stuff such as this patent racket is not addressed.

Now don't start moaning about, Bush this and Bush that, in this case the primary problem resides with the House and Senate.
--
Send a prayer to Allah, eat Beans.
Surfinusa
Premium
join:2001-02-08

Re: If we had a Senate and House

Seems like people don't dislike bush enough to Impeach him or they can't find anything wrong enough with him to do a Bill Clinton on him..

IMO I think people love Republicans and they will vote to keep Dem's out. What plan does any of them have to fix the problems or better yet put a band aid on the economy and all the other problems who knows.

I think its just a popularity contest. Haven't heard how and when and what these guys will do.

But it will be interesting to watch.

I mean how do you fill a 1,000 Foot hole with 1 shovel?

This country has dug itself a deep hole that's for sure.
DarkSyde

join:2006-06-07
Akron, OH

Re: If we had a Senate and House

Want to know why Bush hasn't been impeached?

President CHENEY. :barf:
patcat88

join:2002-04-05
Jamaica, NY

said by Surfinusa See Profile :



IMO I think people love Republicans and they will vote to keep Dem's out. What plan does any of them have to fix the problems or better yet put a band aid on the economy and all the other problems who knows.
JESUS!
Surfinusa
Premium
join:2001-02-08

Verizon " Can you hear me now " ?

I think its Verizon behind all of this. It's all part of there plan. HAHA
MrBentor

join:2003-02-18
Seattle, WA
·Comcast

Refuse to pay AND stop using the tech.

I'd be interested to see what would happen if several of the these companies, combined or not just told the patent troll to buzz off.

Not only ignore them but absolutely refuse to pay, refuse to stop using the tech and operate as usual.

And I am even saying to go well beyond... ignoring any court judgment and suit against the defendant, I believe that that the combined size of and power of enough companies could do this. Yes the companies would be in default of the judgment and contempt of court, but what could the government really do?

gaforces
United We Stand, Divided We Fall

join:2002-04-07
Santa Cruz, CA

Re: Refuse to pay AND stop using the tech.

Send in the posse, confiscate everything, freeze the bank accounts, APB on executive's of the company ...
--
~ Don't you ever give up, Don't ever give in. Were going to make it ~ Damian Marley
Zoder

join:2002-04-16
Miami, FL

ATSC related patent

It appears that Rembrandt is claiming patent No. 5,243,627 as the main patent being infringed in the ATSC digital tv spec. This patent was filed by Bell Labs in 1991 and was eventually acquired from one of their spinoffs, Paradyne. I wonder if a requirement of the ATSC standards body was that any patents filed in relation to the technology could not be used against other members.
Sammer

join:2005-12-22
Canonsburg, PA

Re: ATSC related patent

Where was Rembrandt when ATSC was mandated by the federal government? Why don't they sue Congress and see how far they get.
Zoder

join:2002-04-16
Miami, FL

Re: ATSC related patent

said by Sammer See Profile :

Where was Rembrandt when ATSC was mandated by the federal government? Why don't they sue Congress and see how far they get.
They didn't exist. Their patent trolling company was created in 2004.
Sammer

join:2005-12-22
Canonsburg, PA

Re: ATSC related patent

I know that Rembrandt didn't exist when the digital transition was first mandated but I wanted to point out its importance to the federal government. The Rembrandt lawyers may learn to regret getting in the way.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
you shouldnt be allowed to aquire patents if you do make a product. these holding firms should be illegal.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
Forums » Patent Firm Attacks Cable and Digital TV


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