Intermec Claims RFID is Proprietary
seeks2know writes "Line56.com reports that Intermec is claiming patents on RFID chips, readers, and tags. They have launched their first lawsuit against Matrics. They seek to sell licenses to all RFID manufacturers. Erik Michielsen of ABI Research states '...this definitely clouds the UHF Generation 2 standards discussions and is fueling considerable animosity in the industry.'
Interestingly, the patents that Intermec is claiming were acquired in their acquisition of IBM's RFID laboratory in December, 1997. Another case of a submarine patent strategy?"
the evil of patents for good. Hmm, I think my head might explode.
That's not the way to handle a submarine patent. Everyone knows what you're SUPPOSED to do is wait until every large and small company is using RFID and become totally dependant on it. THEN you hit them with the licensing and lawsuits. How do you expect to make any money if you stifle this before it gets really big. Bad Intermec! Bad dog!
" Hmm, I think my head might explode."
Sorry. I have a patent on that. Pay up, then blow up.
Hey, 2 wrongs really DO make a right.
Mod me down with all of your hatred and your journey towards the dark side will be complete!
If anyone is interested, here is a list of the Intermec's patents that contain the term "RFID". Posted anonymously to not seem to much like a karma whore. Enjoy.
A submarine patent is where you keep the patent in it's application phase, then at some later point, after being rejected several times and requesting re-examininations, adding specifics based on the current state of the market. Then you get to see how an industry shapes up, but you still get the benefit of the early patent applicaiton date.
Patents are good for 20 years from the date of applcation now, an attempt to keep submarine patents from getting too out of hand.
One other FYI, you generally only have about 6 years after you find out someone is infringing on your patent to begin litigation over the infringment. To just sit on it for more than 6 years exposes you to defenses of laches.
As someone pointed out, IBM is no stranger to 'being stupid.' However, without knowing the sums involved, this sale seems to have worked out well for them -- they got some revenue, and avoided hanging on to a conflict of interest themselves.
Given their Linux strategy (which admittedly wasn't very thought-out in 1997, so this was probably just serendipity), and the fallout from the holocaust revelations, hanging on to an RFID card would've made the company's image uncomfortably 'evil.' Plus, IBM is simply too big to easily swing a patent like this -- people know how to do patent searches, and if there were even a chance IBM would try to collect revenue on it, a new consortium would've appeared to push a freer standard. Like Microsoft, they're often stuck filing more for their own protection than for actual profit. The smaller fish, in turn, *can* slip under the "sonar," so they're going to try to extract value from it IBM couldn't have leveraged, and hopefully paid well enough for the privilege.
Ironically, I'm typing this on an IBM M-Pro from around 1998 or so, which includes a RFID 'asset tag' in its construction. Thankfully, the BIOS does allow disabling it; it was more to ease the 'Where's the machine on this pallet supposed to go?/What's this machine have in it, and who spilled coffee in the CD-ROM before we gave it to Bob?' questions than to actively prevent or track theft.
This is not a case of using "submarine patent strategy". Submarining requires that the patentee drag out the process over several years by filing continuation after continuation. Then allowing the submarine to surface just before attempting litigation. Although the parent maybe published, it is hard for other inventors to know what is patented because new claims can be introduced in the children (which are unpublished) that automatically claim the priority of the parent patent.
c leview/979 /1/1/
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Thus this is not a case of submarining because:
1) All continuations filed have been abandoned or published (granted) couple years ago.
2) All patents involved have been granted within the last 6 or so years. No way to hide any claims.
The patents invoved are listed in this RFID journal article.
http://www.rfidjournal.com/article/arti
And if you don't believe me you can always look up the status data here:
http://pair.uspto.gov/cgi-bin/final/home.p
My initial instincts says something is fishy, especially since EPC global members agree to certain terms on entering the group (offering reasonable licenses or technology royalty free to promote RFID.) Unfortunately, if you read both articles, you will see this has the potential to screw with the standards (especially UHF Gen 2) that EPC Global and its members have been working hard to come out with.
Whats even fishier is that Intermec has representatives on the EPC Global HAG. Hmm why does this sound familiar?