Monday, December 13, 2010

Dec. 13, 2010, 2:47 p.m. EST Paul Allen’s patent lawsuit dismissed Interval Licensing plans to re-file against Google, Apple ‘very soon


SAN FRANCISCO (MarketWatch) — A high-profile patent-infringement lawsuit filed by Microsoft Corp. co-founder Paul Allen’s Interval Licensing LLC against a broad range of technology giants, including Google Inc., Apple Inc. and Yahoo Inc., has been dismissed.
In a ruling filed Friday in U.S. District Court for the Western District of Washington, Judge Marsh Pechman wrote that the complaint filed in August by Allen’s Interval Licensing against Google (GOOG 595.07+0.45+0.08%), Apple (AAPL 321.74+0.07+0.02%) and others “lacks adequate factual detail.”

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However, the ruling grants Interval Licensing leave to file an amended complaint by Dec. 28.
David Postman, a spokesman for Allen, said, “We will refile very soon.” Postman noted that a scheduling conference in the case set for Monday will proceed as planned.
Allen’s lawsuit has drawn widespread attention for targeting a laundry list of Silicon Valley giants, ranging from veteran Internet players such as Yahoo(YHOO 16.69-0.32-1.85%) and AOL Inc.(AOL 25.40+0.07+0.28%), to newer firms such as social-networking service Facebook Inc. and Google’s YouTube video service.
In all, 11 defendants have been named in the suit, which involves four separate patents.
Those Interval Licensing patents, issued between 2000 and 2004, relate to Internet browser technology and the display of information. Interval Licensing has asked for unspecified damages and injunctions.
Allen co-founded Microsoft with Bill Gates in 1975 and later left to pursue other interests such as the investment firm Vulcan Inc. and the ownership of professional sports franchises including the Portland Trail Blazers basketball team.
Allen has also contributed to inventions patented by Intellectual Ventures, an intellectual-property firm founded by former Microsoft executive Nathan Myhrvold.
Intellectual Ventures filed its first patent-infringement lawsuits last week, targeting a number of companies in the software and semiconductor industries. 

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