Case Filed: Jan 09, 2014
Case Closed: Jul 16, 2014
Origin Case: 3:13-cv-00194
Case Summary:
Ho Keung Tse, an inventor filed two separate lawsuits
in the Eastern District of Texas alleging infringement of a US patent covering user
identity verification technologies to protect software from unauthorized use.
The first such suit was against defendants Google, Samsung Telecommunications
America and HTC, and the second was against Blockbuster. Both actions were
transferred to California Northern District Court as the cases were related.
Patent-in-Suit:
The patent involved in the suits was: US6665797
entitled ‘Protection of software again against unauthorized use,’ issued on Dec
16, 2003 and expiring[i]
on Dec 01, 2015. According to the complaint, Ho Keung Tse is the sole inventor
and owner of the ‘797 patent, duly and legally issued by USPTO. The patent
relates to protection of software against unauthorized use or copying.
As in Complaint:
The complaint alleged that Google uses Digital Rights
Management (DRM) software and methods, covered under the claims of the ‘797
patent, to protect purchased application programs (apps) from use by an
unauthorized user. The cited product was Google Play Store. Samsung and HTC
were named in the suit alleging that their smart phones are installed with the
accused product.
Blockbuster was accused of using user identity
verification methods for verifying the validity of users’ financial account
information, allowing users to have free trials and also preventing them from
repeatedly using the free trial services by submitting Blockbuster fake
financial account information.
Plaintiff wanted damages awarded for willful and
deliberate patent infringement, justifying an increase of damages of up to
three times.
District Court Proceedings:
Defendants Google, Samsung, HTC and Blockbuster filed
a motion for summary judgment of invalidity based on a lack of written
description for which the inventor filed an opposition. The court heard
arguments on the motion in Sep 2013 and granted defendants’ motion for summary
judgment. Accordingly, in Dec 2013, judgment was entered favoring defendants
and against plaintiff.
Appeal Court Proceedings:
In Jan 2014, Ho Keung Tse filed an appeal as district
court judgment was not in favor. After hearing the case, the appeal court also
affirmed the judgment favoring defendants.
See 2014-1222
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[i]
Expected expiration date. Patent Term Estimator
is a free web-based tool that automatically calculates patent terms and
expiration dates for U.S. utility patents.
Fron 4.0 ICS, Android has started some universal key combinations to take a print screen and HTC follows the same.htc one covers
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