Showing posts with label Medici. Show all posts
Showing posts with label Medici. Show all posts

Wednesday, April 6, 2011

Ogma v. Apple: Disturbing "Aspects" of the Patent System

A video display with a ~1.5-to-1 aspect ratio was non-obvious in 1995???

As mentioned in the prior post on these cases, one of the two asserted patents is US 5,825,427, titled Image display system.

Generally, when I see news coverage of a patent suit, I also find some misplaced outrage in the article or its comments based on just the title or abstract of the asserted patent.  When possible, I do my part to defend the patent system, pointing out that the actual claims being asserted are far narrower than the title, abstract, or news article imply, and that the patent system is, to a large extent, doing its job.

The '427 patent in this case, however, strains my ability to mount a defense.  Claim 3 of the '427, rather stunningly, reads as follows:

3. An image display system for displaying a video image comprising:

a video screen having a substantially rectangular configuration forming an aspect ratio of the horizontal dimension of said video screen to the vertical dimension of said video screen, said aspect ratio being between 1.45:1 and 1.60:1.

That's it.  An image display system with an aspect ratio between 1.45:1 and 1.60:1.

Apple is accused of infringing the '427 since the 960x640 display of the iPhone 4 and latest iPod Touch, and the 480x320 displays of the earlier iPhones and iPod Touches, have 1.5:1 aspect ratios, which fall within the claimed range.

Motion picture and video content have long been produced in a wide variety of aspect ratios, including some in the claimed range.  Computer graphics displays have also varied significantly in aspect ratio.  In terms of pixel aspect ratio, the claimed range would cover, for instance, at one extreme, the 640x400 or 320x200 video modes of some 1980s video controller cards.

Since my interpretation of the claim seemed implausibly broad given the prior art, I searched the exhibits of Ogma's ITC filing for clarity.  Exhibit 13 is titled "Claim chart applying U.S. Patent No. 5,825,427 to accused Apple product."  In essence, the claim chart says that Apple infringes the patent with the iPhone 4 because, yes, its display has a 1.5:1 aspect ratio.

So, as far as I can tell, a company formed this past January would like to stop the importation of millions of iPhones because the phones have displays with a 1.5:1 aspect ratio, and because that company has acquired a patent that the USPTO somehow issued that covers such displays based just on their aspect ratio.

Sometimes, things happen in the patent system that I can't defend.

 

 

 

(Note: Claim 1 is slightly narrower, requiring presentation of 4:3 and 16:9 content on such a screen.  However, letterboxing, to present wider aspect ratio content on a narrower aspect ratio screen, and pillarboxing, to present narrower aspect ratio content on a wider aspect screen, have been known in the art for decades.  Letterboxing became common even in the home with widescreen LaserDiscs of the 1980s, and more so with the advent of DVDs.  A common instance of pillarboxing would be the presentation of an Academy ratio film on a wider cinema screen or widescreen television.)

Ogma v. Apple @ ITC

In addition to its March EDTX complaints, on April 1, 2011, Ogma, LLC submitted a request to the US ITC for an investigation under section 337 of the Tariff Act of 1930.  The Complaint lists over thirty respondents in addition to Apple, including Activision Blizzard, Inc., Canon Inc., Seiko Epson Corporation, various Sony entities, and Lego.  It is titled "Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same."

The Complaint involves the two patents from the EDTX cases:

  • 6,150,947, Programmable motion-sensitive sound effects device and
  • 5,825,427, Image display system. (I will be discussing at the '427 shortly in a separate post.)

Though the patents have been combined in a single complaint, many of the respondents appear to be accused of infringing only one or the other.

With regard to Apple:

On information and belief, either by itself, through its subsidiaries, or through third parties acting on its behalf, Apple is engaged in one or more of the manufacture, importation, sale for importation, or sale after importation into the United States of infringing electronic devices. On information and belief, the Accused Products include at least the following Apple products: iPad, iPhone, iPod Touch, 15-inch MacBook Pro. [...]

Ogma History

The Certificate of Formation for Ogma LLC (file number 801368943), a Domestic Limited Liability Company (LLC), was filed on January 12, 2011.  Per the Complaint, "Ogma focuses its business on acquiring, licensing and enforcing patented technology in the consumer electronics and communications industry, including the Asserted Patents."

Patent Assignments

The '427 patent was assigned from the inventor, Kenneth MacLeod, to Medici Portfolio Acquisition, LLC on 11/04/2010.  Medici, per its website, is comprised of three former McDermott Will & Emery attorneys.  The '427 was then assigned from Medici to Ogma LLC, 3301 W. Marshall Ave. Suite 303, Longview, TX (which is the contact address on Medici's site) on 1/25/2011, a few weeks after Ogma LLC was formed.

According to the Complaint, "Ogma acquired all rights in the '947 Patent from Shima LLC, a company created by James Shima, the inventor who researched and developed the motion-based technology that is now protected by the '947 Patent."

Attorney for Ogma

The Complaint was filed by James Otteson of Agility IP Law.  According to his bio, "Before founding Agility IP Law in January 2010, Jim was the Head of ITC Litigation at the Silicon Valley law firm of Wilson Sonsini Goodrich & Rosati, where he practiced starting in August 1992."

 

More to follow.