The Washington Research Foundation is suing two of the world's largest makers of mobile handsets for using Bluetooth technology, which WRF claims infringes its patents.
The WRF was founded in 1981 to assist universities and other nonprofit research institutions in the state of Washington with the commercialization of their technologies. Its remit also includes enforcing any patents, as well as providing various support measures, including a seed venture fund, WRF Capital.
On December 21, the WRF filed a complaint at the US Western District Court of Washington State at Seattle (case number C06-1813), on behalf of the University of Washington.
In the complaint, it cites Nokia Corp, Samsung Electronics Co Ltd and Panasonic, which is owned by Matsushita Electric Industrial Co of Japan, as allegedly infringing four patents sold under the Bluetooth name.
The WRF claims the three companies have sold handsets and devices in the United States using Bluetooth chips from Cambridge, UK-based CSR Plc, which allegedly uses technology that infringes the University's radio frequency receiver patents.
Specifically, one of the violated patents concerns research carried by Edwin Suominen when he was an undergraduate student at the University. Suominen received a bachelor's degree in electrical engineering in 1995, and he was awarded a patent in 1999 for a "simplified high-frequency broadband tuner and tuning method".
Shares in Bluetooth silicon developer CSR fell 2.8% to 640 pence ($12.49) in afternoon trading on the London Stock Exchange on Wednesday. A company spokesman remained tip lipped about the lawsuit.
"We have a copy of the complaint, and it is being reviewed by us and our council," the CSR spokesman told Computer Business Review. "We cannot make any further comment at this stage."
CSR has more than a 50% market share of the Bluetooth global chip market and its chips are used by Nokia, Samsung and Panasonic in their mobile and consumer devices. CSR rival Broadcom Corp has already purchased a license from WRF to cover any consumer electronic devices that uses its Bluetooth chips.
Bluetooth is a specification for a wireless technology that involves the use of a radio frequency for short-range wireless exchanges of data between mobile phones, computers, headsets and other devices. Many people cite an engineer at Ericsson, namely Jaap Haartsen, as the initiator of the technology. Ericsson later donated the technology for the market to develop.
In February 1998, the Bluetooth Special Interest Group (SIG) was formed, initially by Ericsson, Toshiba, IBM, Nokia and Intel, in order to further develop Bluetooth technology and promote its widespread commercial acceptance. Soon after, Microsoft, Agere Systems (then Lucent), 3Com and Motorola joined its ranks.
SIG said in November that one billion Bluetooth devices had been shipped globally.
A SIG spokesperson told Computer Business Review that he couldn't comment on the news as he was awaiting clarification from the US over the exact nature of the lawsuit. "I don't understand if the lawsuit is a result of a specification infringement or implementation issue," said the spokesperson.
According to WRF attorney Steven Lisa, quoted in the Seattle Times newspaper, it seems that WRF is not targeting CSR as the chipmaker was not aware that its chip would be used in the United States "where the patent is enforceable." Lisa added that the devices makers were aware that products containing CSR's chips would be used in the United States.
The lawsuit seeks unspecified damages, with the proceeds to divided between the University of Washington and Suominen, who is serving as a technical adviser in the case.
"Defendants have manufactured, used, imported into the United States, sold and offered for sale devices which, or the use of which, infringes at least the '963' patent," the Foundation was quoted as saying by Reuters.
"It is the policy of Samsung Electronics that it does not comment on on-going lawsuits, considering its legal nature," the Korean giant told Computer Business Review. Meanwhile, there was no comment from either Nokia and Panasonic.
4th January 2007
By Tom Jowitt
