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Cisco Sued over OFDM Wireless Standards

Agent Green writes "It's definitely not the first time someone has been sued over a standard, but Wi-LAN is in the process of taking Cisco to court over the OFDM encoding which it claims to have patents for - the standards in question apply to 802.11a/g. Interestingly, this case is being brought in Canada, where the defense needs to prove its case. Might be time to join and expand the patent busting brigade?"

12 of 142 comments (clear)

  1. exactly! by curator_thew · · Score: 4, Funny


    Who cares that it may have cost millions of dollars of risk and investment to devise, refine and perfect OFDM and the related technologies ... we just want them to be free for all of us to use, so we definitely should bust their patents.

    By the way, I know that it took you years of hard work to earn a salary to pay off your mortgage, but I actually think your house would make for a good party zone, so me and the boys will be around next Saturday night.

    1. Re:exactly! by kfg · · Score: 5, Insightful

      I actually think your house would make for a good party zone, so me and the boys will be around next Saturday night.

      No thank you, but if you'd like to build yourself a house just like it I'd have no particular objections.

      KFG

    2. Re:exactly! by sigaar · · Score: 5, Interesting

      OK, fair enough. I'm throwhing a party on Saturday night. You and the boys are invited to party with us. But you have to bring your own booz, own snacs, own smokes, own women. You're not allowed to come in my house, in fact, stay out of my yard - the sidewalk is as good a pary place as any. You're not allowed to mingle with the rest of the guests. If you do I'll sue you. Let's look at the pattern. And this is in general terms, not just this case. A company figures someting out, patents it, then sues everybody who does the same thing (or creates product that can talk to this invention). Why? Greed. That's why. Why don't they instead first prove that the technology is their invention, then notify anyone who might be violating their rights, and offer a chance to work out a solution - licence the technology. That way, you get a more permanent revenue stream. So, exactly how many friends does SCO have these days? If they had proven their ownership of the code in the linux kernel first, and then, in a friendly manner, came with the licencing sceme, their business would have been booming now. But noooo. They they want it all and they want it NOW!

      --
      sigaar
    3. Re:exactly! by supersandra · · Score: 5, Interesting

      Which is, of course, what patents are really about. Very good point.

      Copyrights would be more of a "take your house and use it as my own" deal, yes?

      I'm always torn on patents; the idea is good but the system is flawed. People can get patents for very stupid or common things. However, if you have a really great and original idea, it also seems like you ought to be able to make money off of it without a bunch of copycats stomping you out of business. At least for an appropriate period of time, at least.

      --
      "I hate quotations." - Ralph Waldo Emerson
  2. Not exactly. by CaptainAlbert · · Score: 4, Insightful

    > Who cares that it may have cost millions of
    > dollars of risk and investment to devise, refine
    > and perfect OFDM and the related technologies

    Yeah, right.

    The concept of Orthogonal Frequency Division Multiplexing is old. Way old. Like, 1960s old. The mathematics behind it could easily be grasped by anyone who knows what a sine wave is. These people certainly didn't devise it. And they admit it, for example in this white-paper:

    www.wi-lan.com/library/whitepaper_wofdm_technica l. pdf

    If you look at what they're *actually* claiming to own, this W-OFDM technology is really just a bunch of pre-existing technologies - modulation scheme, channel coding, FFTs, embedded pilot channels - which they've lumped together, given a name and patented. If you look at their block diagrams, you'll see little more than an undergraduate textbook on modern communications systems design would show you.

    > we just want them to be free for all of us to use,
    > so we definitely should bust their patents.

    No... we just want unfettered competition to bring us the benefits of the free market, without being bogged down by people claiming to have "invented" things that aren't actually novel in any way.

    --
    These sigs are more interesting tha
  3. Sue a Standard? by Sneeka2 · · Score: 5, Interesting

    Why is it possible to sue a company which makes use of an official standardised specification like 802.11g? If something is an open standard, everybody is free to use it, unless some royalty conditions are specifically included, right? If any company has a patent on any part of a technology, it is usually a proprietary solution and not an official specification, right? So, wouldn't you need to sue the committee that approved this specific technology as standard, rather than the individuals using the standard?

    --
    Bitten Apples are still better than dirty Windows...
    1. Re:Sue a Standard? by CaptainAlbert · · Score: 4, Interesting

      > If something is an open standard, everybody
      > is free to use it

      Right. Except that not all standards are open. :(

      > If any company has a patent on any part of a
      > technology, it is usually a proprietary solution
      > and not an official specification, right?

      Wrong. And yes, I was horrified when I discovered this too. But it's really common for an industry standard to contain patented technologies. For example, many emerging communications standards are employing Turbo codes (which have been mentioned on Slashdot before, with various degrees of cluefulness). Now these were invented quite recently, by some French researchers, and they perform incredibly well. But in order to implement these standards, you (or your supplier, or their supplier) have to pay royalties.

      The approval committees never actually infringe any patents, so they aren't a sensible target for litigation. They are, however, a sensible target for loud and persistent complaints about patents-in-standards. Most of them have vested interests in the big companies who implement the standards anyway, so don't hold your breath for a change of heart which might actually encourage competition in those markets. :-\

      --
      These sigs are more interesting tha
  4. Cisco's Patent by femto · · Score: 4, Informative
    I happen to be one of the university team which developed Cisco's OFDM technology.

    FYI here is the patent which covers that work. My name is not on it. At the time, it was the concept of a wireless version of Ethernet that was seen to be novel. Others had low speed networks (packet radio). High speed wireless point-to-point links also existed. As far as we knew, noone had yet tried to build something that was a network AND high speed.

    Anyway, that was my understanding at the time. As is usual, most parties were playing their cards close to their chest, so there could have been others. The only other one I knew of at the time was the Bereley InfoPad. I'll be as interested as anyone else to see of the patent survives the challenge.

    I don't like the current patent mess, but the Cisco patent at least was real in that itwas not speculative. There was a serious R&D effort behind it (as shown by the fact that product was produced).

    1. Re:Cisco's Patent by femto · · Score: 4, Interesting
      I've just had a look at Wi-LANs patents. It's interesting to note that Fattouche and Zaghloul are both serious researchers, not lawyers, so it is unlikely that their patents were speculative. In my opinion, this is not a case of extortion.

      This will be an interesting battle to watch! I think it is unlikely that either patent will be eliminated due to lack of merit. Rather it will be genuine prior art claims that win the day.

      BTW. I'm not employed by either party anymore.

  5. Patent reform should also restrict enforcement by clusterix · · Score: 5, Insightful
    In addition to limiting what can be patented and better analysis before granting, there must be some economic morale requirements for enforcement.

    There are entirely too many IP shell companies out there that do nothing but threaten and harass useful companies without providing commercial products based on the patents themselves. They have no plans to exploit their manufacturing monopoly in any honest way. Instead, they should be required in some form to manufacturer real products utilizing their IP or risk losing enforeability in some way. That may require them to cross-license needed IP as well as seriously limit this entire anti-social/economic lawyer business. It could be possible that plaintifs in patent cases must first prove their manufacturing intent to some law/court derived set of requirements before action is started.

  6. Canada - Game Theory? by NigritudeUltramarine · · Score: 5, Interesting

    Although I can see how someone might think the parent post was a troll, it does present a somewhat reasonable strategy, from a game theory point of view, for Cisco ... basically a Grim Trigger strategy. Cisco threatens the Canadian government that they'll pull out of their market entirely if they don't cooperate with them. Cisco doesn't have much to lose, but Canada has a LOT to lose.

  7. They Should Not Be Allowed To Inforce This by jmorey · · Score: 4, Insightful

    In the article in CNET there is the following quote:

    "Without our OFDM patents, there would be no
    802.11a/g," he said. "We didn't enforce these
    patents sooner, because we didn't want to slow
    down development in the market. But now that
    the technologies are firmly established, we
    feel we must protect our intellectual
    property."

    Since they did not start enforcing their patents when they first discovered the "infringement" they should not be allowed to enforce them now.