Thursday, April 2, 2009

CSIRO Presses on in Wi-Fi Patent Battle

Australian tech agency CSIRO settles with HP, continues case: CSIRO says that HP has settled on confidential terms over the agency's claims to have a patent that covers some of the fundamental parts of how 802.11a, g, and n Wi-Fi works. CSIRO continues to engage, as the article notes, "Microsoft, Dell, Toshiba, Intel, Nintendo, Netgear, Belkin, D-Link, Asus, Buffalo Technology, 3com, Accton and SMC." Cisco and its Linksys division aren't in the list because Cisco agreed to patent terms when it acquired an Australian network authentication firm a few years ago.

The patent may or may not be found valid. I have trouble with how it was revised to include frequencies not mentioned in the original filing that weren't in common use when the filing was first made. A patent review hasn't yet occurred. If upheld, CSIRO will collect what it has frequently described as a small royalty on all devices containing Wi-Fi.

The article misstates the current state of the Buffalo/CSIRO lawsuit by missing a fine detail. CSIRO claimed to have come out in top last September in an appeals court decision, but both parties got something out of it. In December, Buffalo was allowed to start selling gear again, even as the case was sent back to lower court to deal with a small issue. Now, it's still possible Buffalo will have to pay damages, back royalties, and future royalties, but it's actively selling gear at the moment. CSIRO says it won something in appeals because of this possibility.




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