Intel, Microsoft, HP, Dell, Apple try to topple patent

FIVE OF the biggest computer companies in the world are attempting to invalidate a patent owned by an Australian organisation.

A legal case has been launched by Intel, MS, HP, Dell, Apple and Netgear to overturn a wireless LAN patent owned by the Commonwealth Scientific and Industrial Research Organisation (CSIRO), an arm of the Australian government.

CSIRO has a US patent on technology for wireless networks and the vendors currently pay it a licence for its use.

The organisation said it obtained the wireless LAN patent in 1996, and it's a standard feature of notebook computers and other devices.

Its chief executive, Geoff Garrett, said that CSIRO offered licences on "reasonable and non-discriminatory terms" to the major vendors when they started selling devices which used the technology.

He said CSIRO was prepared to defend its intellectual property. Royalties from its IP are re-invested in further research, he said.

We've now had a chance to see the court dockets for this case. The action is for patent infringement, and was filed in a Santa Clara court on the 9th of May last. Microsoft is the lead plaintiff in conjunction with Apple, HP, and Netgear.

Dell and Intel filed together in a San Jose court, but on similar lines. They claim that patent 5,487,069 is invalid and neither Intel nor Dell infringe it. The filing claims that CSIRO has threatened legal action and accused Intel customers of infringing the patent.

The patent for Wireless LAN, was issued on January 23rd, 1996, and describes a way of transmitting data at frequencies in excess of 10GHz. Part of Intel's case is that it may be obliged to defend more of its PC customers against such claims. CSIRO has already taken legal action against US company Buffalo Technologies in Eastern Texas to enforce what it believes is its patent.

The Intel-Dell filing says that a number of other companies including Buffalo Technology, Broadcom, Atheros and Conexant may have an interest in the case, either financially, non-financially, or both. Intel's stance, according to a company representative, is that it's better to have the matter resolved sooner rather than later before waiting for more lawsuits. µ