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Typhoon Hits Apple, Others, with Touch Technology Lawsuit

by , 9:55 AM EDT, June 24th, 2008

Typhoon Touch Technologies added Apple, Toshiba, Palm, and several other companies to a lawsuit on Monday that alleges the companies are infringing on touch screen technology patents it owns. The case was originally filed in December 2007 against Dell and could, according to Typhoon, extend to "millions of devices" already on the market.

"The addition of these defendants is a further step in protecting Typhoon's IP from being unfairly exploited," said Craig Weiner, Director of Legal Affairs and Licensing for Typhoon. "Hopefully, the world of potential infringers will take notice that it is the company's intent to aggressively protect its intellectual property."

Typhoon holds two patents it claims the companies are using without proper licensing. Patent 5,379,057 was issued in January 1995, and patent 5,675,362 was issued in October 1997. Both are titled "Portable Computer with Touch Screen and Computer System Employing Same," and the company claims that devices like smartphones, PDAs, and tablet PCs with touchscreen interfaces fall under their scope.

Apple's iPhone, iPod touch, and soon to be released iPhone 3G all use touch-based interfaces. Palm has been using touch technology ever since the release of its first PalmPilot PDA in 1996. The other companies named in the suit, including Panasonic, Fujitsu, Samsung, Nokia and LG also sport devices with touch-based interfaces.

Typhoon has already reached out of court settlements with Motion Computing and Electovaya.

Considering the growing trend towards touch-based computing interfaces, Typhoon's patent suits could have a significant impact on the adoption of the technology. What is more likely, however, is that the cases will be settled out of court and the real impact will an increase in Typhoon's profits.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Guest
Subject: So why wait 12 years...

...to defend you intellectual property? Was the entire company in a coma for that time? Did they just notice that devices with touch screens are all over the place?

No, they waited until everyone and their brother owns a touchscreen device, because they want to sue all of these companies for as much as they can get.

Nice business model there, Typhoon.

Close Name:Tiger Posts: 1015 Joined: 17 Jun 2003
Subject: what is patented?

The idea, or the actual technology? Or both?

And 12 years before you defend it? Sorry, you lose.

Close Name:Guest
Subject: 4 words

Apple Newton August 1993

Close Name:deasys Posts: 296 Joined: 08 Apr 2003
Subject:

Good catch, Guest. The Newton would accept finger touch-based input. The original Newton plus models 100, 110, and 120 were all released prior to 1995.

Apple should sue the pants off "Typhoon Touch Technologies."

Close Name:mhikl Posts: 15 Joined: 20 Aug 2003
Subject: Tiger's got a point

quoting Tiger: The idea, or the actual technology? Or both?

Hope someone in the know can answer this? Can one just patent an idea or possibility, wait it out, and sue like crazy? If so, how much does it cost. I have some awesome ideas, potentially quite lucrative ideas! Don't we all. Until the product is first produced, they are called fantasies or science fiction.

Cheers,
mhikl

Close Name:Guest
Subject: Another four words

I just read an interesting article about the iPhone by AP. The headline starts with: "Analysts: New Apple iPhone..."

Unfortunately, I can't quote more than four words here, because according to AP, quoting five or more words wouldn't fall under "fair use" anymore and by quoting more from their headline I would commit copyright infringement. And we wouldn't want to do that; AP might end up suing me. Maybe the article wasn't that interesting after all...

Close Name:daemon Posts: 343 Joined: 17 May 2007
Subject:

Is it non-obvious? I personally think that the idea of a touchscreen in obvious, the implementation behind it is where the true patentability is.

Close Name:Guest
Subject:

They just want money... so they can get what Apple has now.

Close Name:jwarren2001 Posts: 88 Joined: 29 Jan 2008
Subject:

Just like CWC, this lawsuit is absurdly frivolous. People who file BS claims like these should be required by law to pay back the defendant's legal bills x2, then maybe this country could clear some of this crap of our courts' dockets, and save all of us taxpayers some money in the process.

Close Name:Guest
Subject:

Two possibilities:

1. Small patent holders get steamrolled by the ubercorps like the ones listed. Eg.: Apple challenges patent, patent not enforced during review, typical review takes two years, royalties not retroactive, settled in favor of patent holder, Apple finds another reason to ask for a review, patent holder dies old, poor and owing lawyers millions.

2. Savvy speculator buys undefended patent with potential, hires sharpest legal team available, Apple does math (defend v, pay) and settles, raise Ipod price 25 cents to cover. Speculator buys Aspen ski house.

I'd guess little Typhoon's case finally had enough upside potential (bazillions of units in use) to get legal help on contingency basis.

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