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August 26, 2008 12:09 PM PDT

Google, Verizon, others sued over voice mail patent

Posted by Elinor Mills
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A patent holding company that has won settlements from Apple, AT&T, and others sued Google, Verizon, and a handful of other companies on Tuesday for allegedly infringing on patents related to voice mail, according to a report from Reuters.

In addition to Google and Verizon, other defendants in the lawsuit filed by Klausner Technologies are: Cox Communications, LG Electronics, Comverse Technology, Embarq, PhoneFusion, RingCentral, and Grand Central, which was acquired by Google last year.

The lawsuit, filed in U.S. District Court in Tyler, Texas, alleges the companies are infringing his patents related to visual voice mail.

Representatives from Google, Cox, and PhoneFusion said they had not seen the lawsuit and declined to comment. An Embarq spokesman provided this e-mailed statement: "Embarq has not been served with any such lawsuit, but is confident that any claims that it has infringed on someone else's patent would be unfounded."

A Verizon spokeswoman provided this statement via e-mail: "We anticipated Klausner's action. We filed a declaratory judgment action in New York federal court on August 13. We are seeking a declaration that Klausner's visual voice mail patent is invalid and that Verizon's system does not infringe the patent in any event."

The other defendants were either working on getting comment or did not immediately return calls and e-mails seeking comment.

Klausner Technologies, a private company that holds several voice over IP patents, settled a lawsuit in June with Apple, which offers visual voice mail in its iPhone.

Klausner also settled with AT&T, eBay, which owns Skype, and Comcast, which agreed to a licensing deal as part of its settlement. The company remains in talks with Cablevision Systems, while Sprint Nextel signed a licensing deal and was not sued, Reuters reported.

Previously, Klausner sued and settled with AOL in 2006, and with Vonage last year. Terms of the settlements were not disclosed.

Klausner's lawsuit in December alleged that the defendants infringed on technology that visually alerts people when they get a new voice message and lets them selectively retrieve the messages.

Updated 1 p.m. PDT with Embarq comment, and 12:37 p.m. PDT with Verizon comment.

One of the patents at the core of Klausner's lawsuits over voice mail, which was attached as evidence in Verizon's filing for declaratory judgment.

(Credit: Klausner Technologies)
Elinor Mills covers Internet security and privacy. She joined CNET News in 2005 after working as a foreign correspondent for Reuters in Portugal and writing for The Industry Standard, the IDG News Service, and the Associated Press. E-mail Elinor.
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Add a Comment (Log in or register) 10 comments
by gerrrg August 26, 2008 1:18 PM PDT
In "2001, A Space Odyssey", isn't there 'visual voice-mail'?

I'm just saying, that if the movie shows something that can be described as 'visual voice-mail', doesn't that create precedence that would invalidate the patent award?
Reply to this comment
by lordmorgul August 26, 2008 4:20 PM PDT
Yes it would indicate prior art if it is shown in enough detail to know what the device is and what it is meant to do. The patent filed in 1994 cannot cover anything 'invented' earlier than may 1993 (and space odyssey in '68 sure counts).
by theLemac August 26, 2008 1:23 PM PDT
When the hell will the "patenting the obvious" end. As with product patents, isn't there some sort of a requirement that the idea has to be implemented, etc. for it to be honored.
Reply to this comment
by TV James August 26, 2008 1:35 PM PDT
It would be ironic if this guy went blind. Stupid patents. Has anyone patented arranging ceiling tiles in a grid formation yet?
Reply to this comment
by wth31 August 26, 2008 2:11 PM PDT
Probably Armstrong or Johns-Manville
by kwhsy82 August 26, 2008 2:17 PM PDT
Why is this news? Patent suits like this are about as important as speeding tickets. Some random folks get hit with those tickets and everyone still drives 70. Every large company gets hit with patent suits. Some choose to settle. Paying out say $250K from Verizon is chump change for them. Companies choose to pay based on merits of the patent, their corporate philosophy, an estimate of cost if they lose, and the fact it costs about $500K to fight one in court.

You can debate whether patents are valid or no, whether they help innovation or no -- fine. Personally, I'd give people patents for 5 years in the software arena. But whatever you think -- this is a daily occurrence for large companies. I was COO of a mid-sized company and we got hit with these weekly. Why CNET treats it as news is beyond me.
Reply to this comment
by wahoospa August 26, 2008 2:29 PM PDT
I have a program on my computer that when my phone rings, on my monitor there pops up the name and phone number of the person calling and it also speaks the caller ID information. Is this about the same? This is nothing but Microsoft Sam speaking.
Reply to this comment
by lordmorgul August 26, 2008 4:23 PM PDT
No thats not the same, this patent is about a device that offers 'out of order' access to messages along with that extra information. If your computer were answering the call, saving a message, then letting you listen to them in any order you want (displaying a list of them) then it would be similar to this patent (but still not covered by it... the patent is for 'a device' not a software program using a similar algorithm).
by lordmorgul August 26, 2008 4:28 PM PDT
Actually.. to correct myself, the patent claims do cover method, so it could be also applied to software if its found to be valid (no prior art issues for instance).
by GlennAllen August 26, 2008 7:00 PM PDT
The mere fact that a patent exists for such a thing demonstrates the sheer idiocy of the USPTO. Wow... a linked list... never seen that before.
Reply to this comment

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