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Closer Look at the Interval Licensing LLC Patents (Part 1 of 4)

In a previous post, the patent infringement law suit filed by Paul Allen’s Interval Licensing LLC against numerous technology companies, including AOL, Google, Apple, Facebook, Yahoo,  and Netflix, was noted.  We decided to take a closer look at each of the patents asserted to be infringed in the case.  Particularly, we will look at the claims.

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6,263,507 – “Browser for use in navigating a body of information with particular application to browsing information represented by audiovisual data”

The first thing to note is that this patent has a very large number of claims, specifically, 129 claims.   (The average number of claims in an issued patent is between 15 and 20, according to one study).

Of the 129 claims, 15 are independent claims.

The most interesting — and potentially broadest — claim appears to be be independent claim 20, which, arguably, reads on Google News (my comments are in bold and bracketed)

    acquiring data representing the body of information  [obtaining news from various sources]

    storing the acquired data  [storing it]

    generating a display of a first segment of the body of information from data that is part of the stored data [displaying a news article]

    comparing data representing a segment of the body of information to data representing a different segment of the body of information to determine whether, according to one or more predetermined criteria, the compared segments are related [finding a related news article]

    generating a display of a portion of, or a representation of, a second segment of the body of information from data that is part of the stored data, wherein the display of the portion or representation of the second segment is generated in response to the display of a first segment to which the second segment is related [displaying a portion of the related news article].

This claims may also read on other news aggregators such as Yahoo! and AOL which provide related news articles responsive to a search.

However, as several commentators have noted, the issue for the court will likely be whether the claims were novel /nonobvious in view of the prior art at the time of filing.

While I do not agree that the Patent Office was doing a poor job when they were examining software patents such as these in the late 90’s, this viewpoint has been put forward by some.

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