Paul Allen, the infamous partner in Microsoft who has now made it his conquest in life to sue over patents, has refiled a patent suit against Google, well for just about everything. According to Foss Patents, it’s not uncommon that those who bring forth patent and intellectual property lawsuits, have to go back to get more information time and time again. At one point in an ITC investigation in a suit between Apple and Nokia, Nokia had to come back three times before they could be heard.
According to the suit filed by Mr. Allen he did everything but invent the little green robot. It’s hard to understand where this all originated from because as you know Android was a product of Andy Rubin, and the company Android before they were absorbed by Google. In just a moment we are going to post the verbiage in the lawsuit where you may come to the agreement that not only is it Android that Mr. Allen created but all smartphones, heck all cell phones period… Here it is:
44. Defendant Google has infringed and continues to infringe at least claims 4, 8, 11, 15, 16, 17, and 18 of the ’652 patent under 35 U.S.C. § 271 by making, using, selling, distributing, and encouraging customers to use devices containing the Android Operating System and associated software such as Text Messaging, Google Talk, Google Voice, and Calendar. Devices containing the Android Operating System and associated software infringe by displaying information including, e.g., text messages, Google Voice messages, chat messages, and calendar events, to a user of a mobile device in an unobtrusive manner that occupies the peripheral attention of the user. For example, as demonstrated by Exhibit 24, when a user receives a new Google Voice message, the Android Operating System and Google Voice software display a notification in the status bar screen for a short period of time.
54. Defendant Google has infringed and continues to infringe at least claims 1, 3, 7, 9, 10, 12, 13, and 15 of the ’314 patent under 35 U.S.C. § 271 by making, using, selling, distributing, and encouraging customers to use devices containing the Android Operating System and associated software such as Text Messaging, Google Talk, Google Voice, and Calendar, and by making and using the hardware and software that operate the Android and Android Market infrastructure. Google’s infringement of the ’314 patent that relates to Android results from substantially the same activities as its infringement of the ’652 patent, described above in [paragraph] 44.
Wow so let’s just take a quick look at this “attention manager for occupying the peripheral attention of a person in the vicinity of a display device”.
Does this not apply to just about everything? It seems that Paul Allen has invented everything that occupies the peripheral attention of a person in the vicinity of a display device, like the exit sign, score board, gas pump sign, television, computer monitor….
When the courts rule we will report. Until then Mr. Allen, meet Mr. Gore the inventor of the Internet.