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NCR Claims Palm Infringes As "Personal Terminal"
Davis King writes: "NCR is claiming that two patents it received in 1987, for a 'portable personal terminal for use in a system for handling transactions' cover the palm pilot; it's suing Palm and Handspring for patent infringement. Yet another company trying to get ahead with lawyers instead of with engineers." According to the article, "NCR asked for a jury trial on its demands that Palm and Handspring be blocked from making any more of the products, and that NCR be awarded compensatory and actual damages." What about my patent for a "medium-sized length of rope for use in jumping"?
Oh wait... I forgot, they don't make anything anymore...
MY BAD!
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"Don't trolls get tired?"
The first one appears not to apply. The general claims are very broad, and would cover pretty much every portable device, as has been said elsewhere in this topic. The description, however, clearly describes a credit-card-sized device that plugs into the handheld for the purposes of user authentication, i.e. the handheld is not carried around with you like a palmtop, it is more like the PINpads at a checkout, only IR-connected rather than whatever goofy serial port they're using this week.
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E_NOSIG
Don't forget that NCR invented the idea of a palmtop "pen" computer in the late eighties and early ninties.
NCR, and later Apple, threw a lot of money at pen computing before Palm got it right. Did Palm learn from NCR's mistakes, or would they have gotten everything right on the first try?
I think that the entire case will come down to this statement (of course... I am a master of the obvious). But I think it will be shot down very simply because it is way too vague. If you look at this, they have patented not only PDA's, but also laptop computers (they are portable as well) and pretty much any device that is capable of handling a transaction and isn't tied down physically for some reason or another. (for that matter, a normal old PC could be considered that as you can technically port it around)
On a further note, if NCR wins this little legal battle, they will be in a good strategic position to start collecting on any use of wireless technology. Well, not all wireless technology, but pretty much everything that deals with small, portable devices that connect to a central system.
You know, look at is this way. NCR can gain nothing from this patent anymore, and they may have some spare cash sitting around. What do they have to lose by starting this lawsuit? Nothing really besides lawyers fees and bad PR.... and what do they have to gain? Well, they have the possibility of gaining a prior patent on one of the fastest growing sectors in technology. This could be viewed almost completely as a strategic move on their part... really crappy and pathetic, but strategic...
Of course they only care about the companies that have had "tremendous commercial success." It's not like they raised this lawsuit years ago when Palm made its first product. Wait for success, then sue... now that's a good business model.
Developers: We can use your help.
This is not a Fugazi