Microsoft sued for ZuneHD “Buy from Radio” feature

March 27, 2010 | By Surur

An ophthalmologist in Wisconsin is accusing Microsoft of wilful patent infringement for its Buy from Radio feature.

The suit, filed in U.S. District for the Western District of Wisconsin earlier this week, alleges that Microsoft’s Zune music player’s "Buy from FM" feature infringes a pair of patents that were granted in 2002.

He claims her contacted Microsoft with the idea of tagging music heard on the FM radio and allowing purchases via a WIFI hotspot in 2006, and was then ignored by Microsoft, only to see the idea appear almost unchanged in 2008 with the release of the first Zunes.

In his suit, Yavitz asks for a permanent injunction against Microsoft selling the Zune with the allegedly infringing technology, along with treble damages, and court costs. He also said that his patents are broad enough that other broadcast technologies such as HD radio do not undercut the validity of his patents.

"I came up with the [patents] before there was even an iPod," Yavitz said, adding that his patents have another ten years to run.

Microsoft officials declined to comment on the suit or its merits but Yavitz said it’s possible that Microsoft is now more open to negotiation with Windows Phone 7 Series devices, which will include Zune-like features, including an FM radio.

"Windows Phone 7 has the potential of turning every phone into a Zune," Yavitz added. If the new phones take off, they could bring in a lot of income, which would make the two patents that much more valuable. Yavitz’s suit also alleges that the feature is implemented in Zune HD devices, which shipped last September, replacing earlier versions of the player.

With all the talk of patent trolls and patent wars, its often easy to forget sometimes patents protect the little guy with a bright idea. Did Microsoft steal this idea, or was it just extremely obvious? Let us know your thoughts below.

Read more about the suite at ItManagement.com

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About Surur

Site Admin and Windows Phone enthusiast, he has been using Windows Mobile devices since before they were called PocketPC’s. He is currently sporting a HTC 7 Trophy.

Tagged patent, patents, windows phone 7, zune, zunehd

http://twitter.com/GCustom @GCustom

I know this is a part of HD radio, and it does seem extremely obvious, I'm curious how this will play out.
http://www.twitter.com/cris_bwma CrisRowlands

I think that the person shouldn't sue them, just ask for a particular amount per device which includes the technologies that have been patented. Continual income sorted

If she said only $1, just think of all the money should make even just from the devices already made, let alone the windows phone 7 series devices which will be out soon

http://www.facebook.com/profile.php?id=5401995 Christopher Hippolyte

If he didn't sue them, Microsoft would just ignore his petition for reimbursement. Sueing is just to get MSs attention, more than likely if he has a real case, MS lawyers will advise MS to settle for an undisclosed amount outside of the courtroom.
Jos Dewey

He had to sue Microsoft so he could get their attention… merely suing someone doesn't necessarily mean you will end up in court and have the judge or jury hand you a settlement – they will still probably work things out out of court, and you're right, working out a royalty basis is a much better option than taking a lump sum and running off.

But, we should keep in mind, this is an eye doctor from Wisconsin with presumably limited legal resources up against multi-national empire – and as we all know now, tech companies take their patents more seriously and play politics with them even worse than other companies. I doubt this guy will be able to stop Zune sales or even get his real due from MS.

John

This is exactly whats wrong with our patent system. All you have to do is come up with some idea, spend no money and risk nothing while holding on to it, wait for some corporation to do that, and then sue for income.

http://www.facebook.com/profile.php?id=5401995 Christopher Hippolyte

Except he did approach MS with the idea apparently.

I'm not sure where I stand, I agree with you in that the person should have more than just an idea… They should really have a product before they can patent anything. But the concern is that in the process of building your product, your OEM, your loan manager, your parts supplier, or even your employees could rush the said product to production before you, and then claim the idea/patent for themselvs.

Lyffer

This is rediculous, I myself had this idea many years ago. I didn't think such an obvious idea was even patentable.

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