Openwave Jumps on the Lawsuit Bandwagon
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OpenWave has joined the increasing list of technology companies trying to protect their intellectual property and patent library. Claiming that they are responsible for several of the technologies that make the mobile Internet a possiblity, OpenWave has filed complaints against Apple and Research in Motion (RIM). They feel that because their contribution provides the foundation for the products created by these manufacturers, that they are entitled to a share of the (considerable) profits.
OpenWave currently holds over 200 patents relating to a variety of software and telecommunications innovations and is able to boast being the first company to offer mobile Internet browsing (as early as 1997) as well as having pioneered the technology that enables photo messaging in 2001.
The lawsuit specifically accuses Apple and RIM as having violated 5 of these patents, including those related to accessing e-mail on a mobile device when the network is unavailable, operating with a server on a wireless network, allowing access to updated applications on a mobile device, multi-page navigation on a mobile device and a more general patent relating to cloud computing.
All eyes will be on the defendants now as they prepare to refute these claims. Given the complex nature of patent law, it is impossible to tell at a glance whether Apple and RIM are in violation of these OpenWave patents. Certainly it sounds like they could be, but time (and a judge) will tell.
The press release issued by OpenWave indicates that the company was left with no choice but to file this lawsuit, and indicates that litigation is the only way in which they can defend their rights. They also claim that they have made attempts to approach these companies on several occasions with no suitable response.
OpenWave has requested that the import of all offending devices be ceased, including several models of the iPhone and BlackBerry phones as well as the iPad and PlayBook tablets. I think it is reasonable to expect that this won’t happen anytime soon.
