- Journal Archives
- Volume 17
- Volume 16
- Volume 15
- Volume 14
- Volume 13
- Volume 12
- Volume 11
- Volume 10
- Volume 9
- Volume 8
- Volume 7
- Volume 6
- Volume 5
- Volume 4
- Volume 3
- Volume 2
- Volume 1
Most tech-savvy Americans have come to expect WiFi availability at restaurants and coffee shops, but if one company gets its way, those providing the service will have to pay up. Over the past ten months, Innovatio IP Ventures has filed patent infringement lawsuits against companies (including for example, Au Bon Pain and Panera) that provide wireless internet access to customers. Innovatio, which owns 31 patents and has a business model limited to buying and asserting patents, has been targeting individual hotels and chains, such as Hyatt and Marriot hotels, in its latest round of suits filed throughout September.
In letters to accused infringers, Innovatio asserts that its patents are “controlling patents in the area of [wireless local area networks] WLAN (e.g., Wi-Fi) and mesh networking technologies.” Further, that the patents cover almost all “wireless hotspots” and therefore the presence of a wireless network would be per se infringement.
Matthew McAndrews, counsel for Innovatio, has stated that the company is seeking a one-time fee of $2,300-$5,000 from each infringer. The low asking price (relative to most patent infringement suits) appears to be part of a strategy to discourage litigation by making a settlement the better economic decision. With over 200 defendants in Illinois alone, Innovatio looks to have no shortage of targets, and the settlements have the potential to add up quickly. There is, however, good news for those with WiFi networks in their homes: while the patents allegedly cover all wireless local area networks, including those found in many homes, McAndrews has recently stated that “Innovatio has made a strategic and business judgment at this stage that it doesn’t intend to [sue] residential [WiFi users].” Additionally, he doesn’t expect the plan to change any time soon.
Innovatio’s road to riches is not without its potential potholes. In May, in response to Innovatio’s actions, two large manufacturers of WiFi equipment, Cisco Systems and Motorola, filed a suit against Innovatio to protect their customers. The suit seeks declaratory judgment of non-infringement by those originally targeted by Innovatio and challenges the validity of the patents asserted by Innovatio.
If, in the end, Innovatio prevails in these suits, the question becomes: who’s next? Do you trust that they won’t go after individuals? How about universities, cities that provide wireless networks, or hospitals? What do you think?
– Mike Ritter
Recent Blog Posts
- After Adobe, will more data breach cases survive a standing challenge?
- Can the FCC Create Net Neutrality?
- AT&T Levied with the Largest Privacy and Data Security Action the FCC has Ever Taken
- MLBPA Contemplates Legal Action Against the Cubs
- Monday Morning JETLawg
- Privacy Concerns Plague Education Apps
Tagsadvertising antitrust Apple books career celebrities contracts copyright copyright infringement courts creative content criminal law entertainment Facebook FCC film/television financial First Amendment games Google government intellectual property internet JETLaw journalism lawsuits legislation media medicine Monday Morning JETLawg music NFL patents privacy progress publicity rights radio social networking sports Supreme Court of the United States (SCOTUS) technology telecommunications trademarks Twitter U.S. Constitution