While we hear Sony has kept the party going non-stop since
HD DVD's demise, the US International Trade Commission has stepped in as the role of
the party pooper. Gertrude Neumark Rothschild, a former Columbia University professor, has
filed a complaint with the ITC over what she says is infringement for patent she owns on certain light-emitting and laser diodes contained in Blu-ray players and other electronics.
The commission has voted to investigate the claim, though they have "not yet made any decision on the merits of the case." Rothschild's complaint lists
over 30 companies, including Sony, Samsung, Toshiba and Nokia.
Reader Comments (Page 1 of 2)
Shignami @ Mar 24th 2008 10:34AM
ITS OVER! SONY IS FINISHED! MICROSOFT HAS WON THE FORMAT WA-
wait.... shit.
Kira @ Mar 24th 2008 11:34AM
win
copa @ Mar 24th 2008 10:40AM
Also, Gertrude Neumark Rothschild really invented Guitar Hero.
ThePremierAssassin @ Mar 24th 2008 10:43AM
NAUGHTY NAUGHTY sony....
Kodros @ Mar 24th 2008 12:22PM
"Rothschild's complaint lists over 30 companies, including Sony, Samsung, Toshiba and Nokia."
Travis @ Mar 24th 2008 10:44AM
ladies and gentlemen... 2008: the year that everyone sues everyone
DangerMouse @ Mar 24th 2008 11:06AM
I don't see anything about a lawsuit just yet. Besides, if they did infringe, then she has every right to pursue it.
Although i do find it funny that she waited until the format war was over.
Prufrock @ Mar 24th 2008 11:32AM
Suing: America's new favourite past time.
Marty @ Mar 24th 2008 10:47AM
Smells like BS to me. Why do people try to "patent squat" these days?
Count Noobula @ Mar 24th 2008 12:22PM
Patent pending on "squat", say anymore and I sue you.
Lone Starr @ Mar 24th 2008 2:24PM
Because patents are a government-granted monopoly. They should all be destroyed.
NATO_Duke @ Mar 24th 2008 2:44PM
Devil's advocate: A lot of times its because of researching the infringing item and having an attorney do their good faith research as well.
Crono (NDF - Knight of the Old School) @ Mar 24th 2008 4:59PM
Yes lone star, they are exactly that: a government granted monopoly.
For 7 years. Only. This is to prevent people from saying "Hey thats a great idea, I'm going to take your idea, tweak this minor detail, and sell the crap out of it and give you nothing for it. You did all the work, and I get all the money".
Thats what licensing is for.
If, after 7 years, you haven't done anything with your patent, and fail to renew it, then the idea is fair game for the rest of the world.
Lone Starr @ Mar 24th 2008 6:00PM
Crono,
You're wrong. Actually patents since June 8, 1995 have a term of 20 years from the earliest claimed filing date. Prior to 1995, patents have a similar term.
Similarly, your claim that it encourages investment is highly contested. Also, even if it did encourage investment, the length of the patent (17-20 years) is also not necessarily optimal.
In fact, this case may even show that patents discourage investment.
SoulBlade @ Mar 24th 2008 10:47AM
Bahahaha
Travis @ Mar 24th 2008 10:47AM
2008: The year everyone sues everyone...
FOXHOUND @ Mar 24th 2008 10:48AM
Let me guess the lawsuit's ultra-vague line:
"Plaintiff requests to sue aforementioned developers for copyright infringement on using a coloured laser to read high density/definition formats larger than DVD."
Shignami @ Mar 24th 2008 11:16AM
So, by this logic....
Laserdisks are infringing on the patent.
FOXHOUND @ Mar 24th 2008 12:25PM
LoL Exactly! XD
I meant to add though... while I'm against ridiculous lawsuits; I do feel that those cases where copyright infringement hurts the inventor because they missed out on possible profits the big conglomerates got.
Sir Fidlious Wong (Zeon Defense Force) @ Mar 24th 2008 10:51AM
Apparently the money won from patent lawsuits in 2005 and 2006 by the same bitch didn't last...
Hooray for patent abuse...
ballistic3188 @ Mar 24th 2008 11:01AM
sigh and there goes the fanboys. first off you don't know if it is a legit case or not. you would think that immersion's rumble suit against sony would have taught people that it isn't proper to judge without knowing the case.
fenixrisingxl21 @ Mar 24th 2008 11:06AM
Damn, ain't that a *****?
How funny would it be if Toshiba successfully gets sued for contributing to Blu-Ray?
Anyone know what their involvement is, as it pertains to Blu-Ray? I'm not sure if they helped develop it, but as far as I knew, they didn't manufacture it.
DangerMouse @ Mar 24th 2008 11:10AM
crap, are the posts disappearing again?
Crono (NDF - Knight of the Old School) @ Mar 24th 2008 11:54AM
Yes
J.Goodwin @ Mar 24th 2008 11:22AM
It's very likely that HD-DVD violated this same patent. It's not that big a deal, because both standards were known to have big patent problems. Both were supposed to be using this year to ferret out patent holders, hammer out deals, and create a single license model for software providers and hardware makers.
This is a big part of what HD-DVD had going for it, actually, because it was an industry set standard instead of a standard set by industry entities operating outside of the standards-making body, there was a better path for getting these patent and license issues dealt with.
But it was going to be an uphill battle no matter what. Patents need to go away.
J.Goodwin @ Mar 24th 2008 11:23AM
It's very likely that HD-DVD violated this same patent. It's not that big a deal, because both standards were known to have big patent problems. Both were supposed to be using this year to ferret out patent holders, hammer out deals, and create a single license model for software providers and hardware makers.
This is a big part of what HD-DVD had going for it, actually, because it was an industry set standard instead of a standard set by industry entities operating outside of the standards-making body, there was a better path for getting these patent and license issues dealt with.
But it was going to be an uphill battle no matter what. Patents need to go away.
JakubK666 @ Mar 24th 2008 11:26AM
Does that mean PS3 will now be ultimately fucked...the same way it would've been if HDDVD was to win the format war.
Sony had copied a couple of patents(SIXAXIS anyone?) in the past so I'll wait before calling BS.
Sir Fidlious Wong (Zeon Defense Force) @ Mar 24th 2008 12:02PM
Ummm, hate to be the bringer of bad news but Sony's patent for SixAxis technology was filed in 1998, issued in 1999.
Bloo @ Mar 24th 2008 1:56PM
@Sir Fidlious Wong
Are you making stuff up again? Proof please.
joeyg @ Mar 24th 2008 11:26AM
New Law - patents are only granted if party applying for patent can back up idea with something tangible.
Crono (NDF - Knight of the Old School) @ Mar 24th 2008 11:56AM
There are actually 3 types of patents. There's a separate patent for an idea vs one for a product.
JakubK666 @ Mar 24th 2008 11:28AM
Does that mean PS3 is now fucked...same way it would've been if HD-DVD was to win the format war.
Considering that Sony did steal a couple of patents(SIXAXIS anyone?) in the past so I'll hold on for a while before calling it BS.
JakubK666 @ Mar 24th 2008 11:29AM
Okay seriously what the fuck!? Why are my comments not appearing anymore!?
Curtis the Claw: Brawl Code 1075-0441-3284 @ Mar 24th 2008 11:31AM
Sounds like this could be the final nail in the Blu-ray coffin. Now my PS3 purchase is a waste!
Kujel @ Mar 24th 2008 11:32AM
When will Sony learn to do their own R&D?
why not the LS2LS7? @ Mar 24th 2008 11:33AM
The ITC stuff is complete crap. I've been at the pointed end of it before. It's outside our courts, and there's no proper discovery or due process. There's no consideration for the time required in coming up with the info you are asked for. If you don't come up with it, there is a default judgement against you that blocks the import automatically.
It's completely ridiculous, it needs some reform. And it'll likely get it soon as lawyers have caught on to the above issues and are beginning to use the ITC to extort money from companies because due to how it works, you can't get enough time to defend yourself on a complex issue, so you end up having to pay to keep shipping your product even though you know if you had time you could prove it isn't infringing.
iFester @ Mar 24th 2008 11:34AM
I wonder if people purposely patent something with the intention of suing companies that come out with something similar. Seriously, if you've patented something like that, why sit on your ass with the idea instead of trying to sell it? Wait, I think the answer was my opening comment - nevermind. ;)
Michael C. Sherrin @ Mar 24th 2008 11:35AM
Actually, this is just an abuse of the patent system. This professor is going through the ITC because do not have to answer to the courts. Instead of filing a real lawsuit for patent infringement, Rothschild is taking a back door approach to ban the importing of goods as long as the ITC deems it appropriate, placing the kind of injunctions the courts have ruled can't be placed. So really this is just another abuse of the patent system and our video games might suffer for it.
*******
Michael C. Sherrin
http://www.prodigeek.com/
Sam @ Mar 24th 2008 11:50AM
I think its safe to assume 90% of patent suits are BS until a court decides otherwise.
MaulerX @ Mar 24th 2008 11:52AM
Oh the irony of it all if this turns out like the Immersion lawsuit.
vangl76 @ Mar 24th 2008 12:06PM
The best way to get rich these days it seems is to patent any idea that isn't already patented that anyone any day might use. Then when someone does create something that sounds like your idea, sue their ass for patent infringment.
DrNicodemus @ Mar 24th 2008 12:10PM
So some douche bag filed a patent and hasn't done jack with it and now wants to sue? This theme is becoming all too common these days. I'm looking at you, Gibson.
DrNicodemus @ Mar 24th 2008 12:19PM
So some douche bag filed a patent basically in hopes of cashing it in one day when someone else finally does something with the idea? This routine is getting really old. I'm looking at you, Gibson.
Count Noobula @ Mar 24th 2008 12:26PM
Man it would suck if all of a sudden tomorrow's headline reads: Sony ordered to cease and desist all Blu-Ray Sales.
Headline very next day: Metal Gear Solid 4 Canceled on PS3, Konami Bankrupt.
playwhutyalike (finally bought Halo 3) @ Mar 24th 2008 3:11PM
Or it could come out on 7 discs. That would be sweet. And by sweet I mean not sweet at all.
brokenscope @ Mar 24th 2008 12:44PM
This could very well be patent squatting.
On the other hand, she could have gone to sony and the others about this and they could have been ignoring her.
She may not have the money to fight sony et al in court over this. Cause lets be honest, she isn't one of the patent troll companies. Shes a professor and a single person will have trouble suing several large companies. She can't just sue to force them to deal with her. She has to sue for punitive damages to recoup the costs of hiring a law firm.
This would not be the first time a large company or Sony ignored a patent held by a lone person.
In all likely hood, this is being done to force them to deal with her. This will force them to take her seriously.
Mills and Boom @ Mar 24th 2008 12:53PM
Take em to the cleaners, Rothschild. Your family can afford it.
Daimyo Nintendo @ Mar 24th 2008 12:58PM
Gertrude Neumark Rothschild go F*CK yourself! You just HAVE to cause problems don’t you. After I invested $5000 in a Blu-ray player and over 40 movies, if you f*ck over Blu-ray, no one will like you, not even your cat. The only words I want to see in the newspaper headline is “Gertrude Neumark Rothschild passed away quietly last night due to natural cause surrounded by her loved ones.” Hmmm would she leave her supposed LED patents to someone else? Did this woman even invent the LED? What claim does she have that a dozen other research scientists wouldn’t have? I think she is full of foul geriatric hot air, found some kind of loophole and is exploiting it to the max. Gertrude Neumark Rothschild I don’t like you, go away, go to the artic circle or some shit.
Mills and Boom @ Mar 24th 2008 2:25PM
I think you're mental.
Count Noobula @ Mar 24th 2008 1:43PM
Man.... I just thought of something: Who benefits from Blu-Ray being no more: Microsoft for one. Call me a conspiracy theory nut-job all you want. But what if.... Microsoft pays her, providing she wins, to not let Sony and the others continued use of the Blu-Ray diodes. That my friends would end the console war. Microsoft would be teh dominant current-gen winner. Sorry, as a Wii owner, I do not consider the Wii to be in the console war at all.
But of course I will be wrong once again. And this woman will become super rich once they settle with her. Then they will have to stamp her trademark onto all things Blu-Ray.