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WLAN Win For CSIRO |
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Written by Adam Gosling
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Wednesday, 15 November 2006 |
The Australian Government research organisation, CSIRO, has
had a strategic win in a court case to win recognition of its ten year old
patent for wireless networking.
The win came in the form of a summary judgment in its test case
against WLAN equipment maker Buffalo Technology in the US Federal Court of the
Eastern District of Texas.
The Judge granted a summary judgment in favour of CSIRO in
regard to the wireless LAN patent's validity and further more that Buffalo
Technology, had infringed that patent.
However, the organisation acknowledges this win is just a
step along the way as it now faces cases bought against it by industry giants such
as Intel, Microsoft, Dell, Hewlett Packard, Apple and NETGEAR.
CSIRO Chief Executive Geoff Garrett said "this is an
important win because the Judge has supported CSIRO's position comprehensively.
We are obviously very pleased. However, it is only a brick in the wall - CSIRO
still has a long way to go."
"This is an important win because the Judge has supported
CSIRO's position comprehensively," Garrett said.
The court will determine a reasonable royalty rate for
future use of the technology by Buffalo.
The CSIRO was granted a US patent for this technology in
1996, facing the extensive use of the wireless networking technology CSIRO
claims is covered by the patent, it filed a test case for patent infringement
against Buffalo Technology and its Japanese parent in February 2005.
In two separate cases, a number of US-based industry players,
who feared they could be forced to pay royalties to the Australian WLAN
inventor, filed suit against CSIRO a year after the Buffalo case was first filed.
These cases seek to have the patent invalidated by the US
courts and will likely take some time yet to reach a conclusion as the CSIRO
has now filed patent infringement counter claims against them.
CSIRO says its patents make it possible to increase the speed
of WLAN by a factor of five and says it offered licenses on reasonable and
non-discriminatory terms to major suppliers as soon as they started selling
devices which used the CSIRO technology.
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