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Webvention Demanding $80k For Rollover Images

Posted by timothy on from the define-gobsmackery dept.

I Don't Believe in Imaginary Property writes "Webvention is demanding that websites with rollover images pay $80,000 or face a patent lawsuit based on US patent 5,251,294, which it bought from Intellectual Ventures. Webvention claims to already have licensing deals with Apple, Google, Nokia, Sears, Sony and Orbitz. Right now, they're suing Abercrombie and Fitch, Bed Bath & Beyond, Dell, Gamestop, E*Trade, Neiman Marcus, Visa and ten others in a court in east Texas."

1 of 314 comments (clear)

  1. A couple of details by Grond · · Score: 5, Informative

    First, the application was filed in 1990, so prior art is going to be harder to come by than you might think.

    Second, the patent was already thrown into reexamination a month ago. Check reexam 90/011,229 on PAIR for the details. The law firm that filed the reexam request is Townsend, Townsend & Crew, which is a major IP firm. The request cites multiple pieces of prior art and looks pretty well put together. One of the first things the examiner did was try to call the patent owner for an interview. The examiner couldn't get ahold of them. That's a bad sign for the patent owner.

    Some of the prior art citations include HyperCard and HyperText.

    Third, courts have tended to temporarily halt litigation (a procedure called a stay) while they wait for the results of a reexamination. It's quite possible that this patent is about to die in the Patent Office without the lawsuits moving forward.