Buffalo Allowed to Sell Wireless in U.S.

Buffalo Technology has had an injunction lifted in its ongoing patent litigation with Australia’s CSIRO technology agency: Buffalo was unable to sell Wi-Fi equipment in the U.S. since a permanent injunction was put in place in June 2007 following their 2006 loss in a lawsuit. CSIRO has a patent that they argue covers aspects of OFDM in 802.11a/g. CSIRO sued Buffalo after the Japanese equipment maker declined to pay royalties.

The injunction prevented Buffalo from selling gear that it offers in Japan and elsewhere in the world during the huge expansion of Draft N sales. This likely caused tens of millions of dollars of lost revenue, if not more. Buffalo was formerly mentioned in a single breath with D-Link, Linksys, and NetGear. (Linksys, as a division of Cisco, already pays CSIRO license fees: Cisco agreed to honor CSIRO’s patent assertion because of a purchase of an Australian firm a few years ago.)

Buffalo can now sell Wi-Fi gear in the U.S. due to winning a narrow appeal in October that sent the case back to a lower court to resolve an issue. The company could still be liable for damages and other fees if the lower court finds for CSIRO and higher courts agree.

Orthogonal Frequency Division Multiplexing allows a single Wi-Fi channel to be subdivided into a smaller number of channels, improving performance in reflective environments and adding robustness against interference. It’s also used in WiMax, LTE, and other standards. This could mean CSIRO would pursue makers of other technology eventually as well.

CSIRO has never given any sign of asking for predatory royalty rates, but several firms have countersued, including Intel, Dell, and Microsoft. Those cases are still in litigation, as far as I can tell.

Different Interpretation of Buffalo, CSIRO Patent Appeal
Busta Banned in the U.K.?
(E! Online)