Federal Judge Finds Wi-Fi Patent Infringement News

A ruling from a federal court in Texas could have ramifications on the Wi-Fi industry, finding that a patent owned by an Australian government agency is valid and covers the core technology featured in many wireless devices.

The ruling is the latest step in the legal dispute between the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and Buffalo Technology that originates from February 2005. In which, CSIRO alleged that Buffalo's 802.11a and 802.11g wireless devices infringed against their patent, issued by the United States Patent & Trademark Office in September 1996.

Judge Leonard Davis sided emphatically with CSIRO, finding no question that Buffalo's 802.11g devices infringed multiple claims of the patent, and granting motions for summary judgment of validity and infringement. Under federal law, summary judgment is applicable when the court believes the evidence to be so strong that there are no issues of material fact - a decision that is rare in cases of patent validity.

The ruling is likely to have dramatic implications on many industries, given the widespread penetration of wireless technology. CSIRO found themselves the subject of a lawsuit from Intel, Dell, Microsoft, Hewlett-Packard and Netgear in May 2005, seeking a decision that the original patent was invalid and not infringed. Put on hold while CSIRO appealed against a trial court ruling rejecting its claim of sovereign immunity, the Federal Circuit affirmed the ruling in July 2006. CSIRO is seeking to transfer the case to Judge Davis, citing his familiarity with the case; a decision on which is expected on November 17th.

The wireless standards behind the dispute appear in a variety of products, listed as Intel powered laptops; Dell and HP laptops; Netgear access points and network cards; and the Xbox. More purposefully, CSIRO poses the question of what impact the ruling will have on Microsoft's iPod rival, Zune, which relies heavily upon 802.11g technology.

CSIRO have confirmed that the lawsuit against Buffalo Technology and its Japanese patent was a test case, before presumably moving onto seek similar damages from the other companies mentioned and additional devices that utilise the standards.

Signalling further intent, CSIRO Chief Executive Geoff Garrett claimed, "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."

Daniel J. Furniss, a partner at CSIRO's legal representatives Townsend and Townsend and Crew (known to Microsoft in the past) added, "The core technology embodied in the wireless standards was invented by CSIRO scientists based on their pioneering work in radioastronomy. The ruling that the Buffalo products infringe will apply across-the-board,"

Further court cases relating to the patent are continuing, though just within the realms of the videogames industry the decision could have implications; the PlayStation 3, Nintendo DS and Wii utilise 802.11g alongside 802.11b, whilst the Xbox 360 wireless adaptor makes use of 802.11 a/b/g.