Patent Calls (http://www.patentcalls.com) — an independent research firm that provides comprehensive patent reports and analysis –has conducted an independent analyst report on US Patent 5,515,369 (‘369) — the patent that 19 tech companies, including Apple, are allegedly infringing according to a complaint filed by Wi-LAN on April 7. The report says the companies aren’t infringing on the patent.
In its filing, WiLAN claims that these companies have infringed and continue to infringe WiLAN’s patent by making and/or selling various products enabled with Bluetooth technology including cellular handsets and personal notebook computers. WiLAN is represented in this action by McKool Smith.
However, despite Wi-LAN’s claims, an in-depth analysis of patent ‘369 and of the Bluetooth specifications by Patent Calls finds otherwise. Patent Calls’ analysis concludes that compatibility with the Bluetooth standard does not require infringement of Wi-LAN’s ‘369 patent, and that the Bluetooth standard is different from the claimed elements of the patent.
“It is simply not true that complying with the Bluetooth standard implies infringement of the Wi-LAN patent. A quick review of the Bluetooth specification should make that very clear to anyone, except perhaps Wi-LAN,” says Dr. Jose Melendez, senior technology analyst for Patent Calls. ““It seems apparent from the complaint in this case that Wi-LAN is attempting to hang its hat on the Bluetooth specification entirely, and has likely made no reasonable efforts to actually observe or measure the frequency behavior of the defendants’ products in question.”