Sendo announces legal action against Orange over SPV

[Guest Simon Desser]

UK mobile phone manufacturer, Sendo today confirmed it is taking legal action against mobile operator Orange and its SPV smartphone, claiming it infringes a patent for its Z100 device.

The legal proceedings placed at the High Court of Justice in London claim that Orange infringed Sendo's intellectual property relating to the design of the circuit board in the SPV. The company is looking to stop product sales and is seeking damages for use of the patent.

“Sendo has created intellectual property rights within the smartphone and mobile phone area. We have been advised by our patent agents that the Orange SPV phone infringes these rights,” said Hugh Brogan, chief executive of Sendo, in a statement.

“We have tried to solve the matter in an amicable way. However, we are now in a position that we have to take legal steps. We are seeking damages and an injunction to restrain sales of the product.”

For the full story, check out the article on EE Times UK.

[Guest Monolithix [MVP]]

Heh, Sendo are taking the world on.

Surely their quibble is with HTC though?

[Guest awarner [MVP]]

Not sure what to make of that and quote they used was a bit sus as it does not make any sense or did the

author just fall on his keyboard :lol:

We cuts tried to solve the matter in year amicable way. However, we are now in A position that we cuts to take legal steps. We are seeking dirty rammings and year injunction to restrain of the product

[Guest Monolithix [MVP]]

Where does it say that?

[Guest Paul [MVP]]

I would have thought their issue was with HTC or MS too!

:-/

P

[Guest awarner [MVP]]

Where does it say that?

On the original post (when it was in main) I clicked on the link and that

was displayed, just done it again and now it makes sense :? very strange

EDIT sorted the original posted link is below :lol:

http://babelfish.altavista.com/babelfish/u...EG20030605S0016

[Guest Paul [MVP]]

We are seeking damages and an injunction to restrain sales of the product.

Now THAT would be interesting!

P

[Guest Monolithix [MVP]]

Yep...wonder what Orange will say in return?

[Guest Rob.P]

Oh dear sounds like Sendo is the death throws. Striking out at anybody they can, probably kicking themselves for not carrying on with the Z100 and getting the notriety of releasing one of the first Smartphones.

[Guest midnight]

lets take a step back a bit shall we, remember when sendo where gonna sue microsoft?.....

It seems that Microsoft had much more to gain from letting its partner fail than helping it to succeed: in the event of a bankruptcy, Microsoft acquired all of Sendo's intellectual property related to the z100 Stinger SmartPhone, and was then free to do whatever it wanted, which in this case turned out to be going behind Sendo's back and making a deal with Orange SPA.

so, if theres any truth in this, then ms can give the technology to whoever they like, including HTC (err, yeh, i dont understand how they can sue Orange either, but still)

[Guest smartphone-web.com]

See the original press release here: http://www.smartphone2002.info/modules.php...article&sid=143

[Guest midnight]

or straight from the horses mouth (nothing new, just shows there must be truth in it)...

www.sendo.com

[Guest awarner [MVP]]

So guess that means they will be after all the carriers then :?

they have a big battle on their hands then.

[Guest vijay555]

It's my legal opinion, peeps, that the reason they're going after Orange is because the phone is branded and sold specifically as the "Orange SPV", ie as if it were an Orange product. Orange never suggests that they make the Nokia 7250 or anything. It's the special relationship of Orange with the SPV that makes them potentially liable.

Sendo says: "We have been advised by our patent agents, that the Orange SPV phone infringes these rights."

It affirms that they're going after the Orange phone, as if it were made by Orange, regardless of its true manufacturing source.

I don't think that T-Mobile (!) or any of the other carriers are selling it under their own Carrier Brand name are they? Not sure, but selling the phone as the "SPV E100" should distance them enough from any potential claims of Intellectual Property infringment, leaving the only claim against HTC/MS.

I think :lol:

V

[Guest midnight]

smart amazing phone? by smart

errr, qtek 7070?

i-mate blah blah

yeh, i think they are releasing them under their own brands actually

[Guest drblow]

We are seeking dirty rammings

[Guest vadonald]

It's my legal opinion, peeps, that the reason they're going after Orange is because the phone is branded and sold specifically as the "Orange SPV", ie as if it were an Orange product.

Yeah, but don't Orange brand all their phones, I used to have a Nokia 6110 on Cellnet, and the same phone was available on Orange but it had a different number specifically for Orange (705 or something like that), I knew someone who had one.

Seems Sendo are trying anything to survive

Vince

[Guest Rob.P]

The reason they are sueing Orange is because Sendo only hold the patent for the aforementioned technology in this country, and it was only granted THIS year apparently. Hence they can only sue Orange cause they are in this country. Apparently Sendo are trying to get patents around the world then they can sue all over.

I think they are trying to scrap money back after the heavy investment on the smartphone platform. Makes 'em look a bit pathetic.

Silicon.com

[Guest Simon Desser]

There's a bit more about it on The Register

[Guest Rob.P]

From Silicon.com:

...Sendo applied for the circuit-board patent in September 2001, and it was approved on 7 May of this year...

Surely if patent was approved after the event they are not really gonna get anywhere, it reminds me of the bull s*** BT were coming out with when trying to grab money for the hyperlink patent.

[Guest vijay555]

Pooh, just wrote long post then IE crashed :lol:

Was saying, if you read this article it gives an interesting history of the "co-operation" between Sendo and MS.

http://www.theregister.co.uk/content/7/28724.html

I know that Orange rebrand their phones with new model numbers etc, but i think in this instance there was a very intimate relationship between Orange and the SPV (orange getting into bed with MS after MS acquired Sendo’s IP when it defaulted on delivery of the Stinger) And of course, orange has bags of cash, and the patent is here, as is Sendo, so from a litigation point of view, we always go after whoever has the cash.

The validity of the patent will turn on prior art and the application date, not the granting date. So although it's not exactly like the BT hyperlink case, you can notice that it's another example of deathrow litigation, where a company going down the pan decides to start litigating just to save its ass! Eg. the recent SCO v IBM litigation. However, MS is certainly extremely sophisticated in strategic maneuvering in litigation, so it’ll be interesting to see how it all pans out!

http://www.pbs.org/cringely/pulpit/pulpit20030522.html

V

[Guest Big Ron - No Longer a Mem]

lets take a step back a bit shall we, remember when sendo where gonna sue microsoft?.....

so, if theres any truth in this, then ms can give the technology to whoever they like, including HTC (err, yeh, i dont understand how they can sue Orange either, but still)

Read that again. IF (and ONLY IF) Sendo went broke Micro$oft gained the rights to unrestrained usage of Sendo's intellectual property as it impinged on Smartphone development. Sendo alledge that Microsoft's hidden agenda was to pour MS techies into thewir company (so that they'd get a free education in how Mobile phones are made in the real world, rather than in theory) so that MS could cozy-up to Sendo's retail contacts... and when Sendo had fixed the problems with MS's design, THEN MS would drive them into bankruptcy, and help themselves to the Sendo patents, free of charge. This is NOT what you're claiming. Microsoft's counterclaim is that Sendo were already "on the skids", but had kept this information from Microsoft. Sendo's claims against MS (made in the Texas courts) take the form of a detailed day-by-day account of what happened. Microsoft's counterclaim has one HUGE loophole in it: as part of the deal, Microsoft got a seat on Sendo's board. A man called Marc Brown, who the records show attended each and every board meeting. Ergo, what Sendo's board knew about their finances... MS knew too. And guess WHICH member of the board suggested that Sendo should declare itself bankrupt? That's right - the Micro$oft stooge. What a coincindence! Micro$oft's claims to innocence might be a little more plausible if (a) they'd addressed the issues raised by Sendo's claims and (:lol: they didn't have a long history of doing EXACTLY what Sendo claims they did again this time. Have you forgotten the case MS settled out-of-court with Stack? $120m as I recall. Joint development of "Drivespace", Micro$oft (having learned everything they needed) made the deal impossible, Stack dropped out... MS DOS 6.0 emerged with Drivespace anyway. And when Drivespace was decompiled, it turned out to contain a great deal of Stack code, pirated verbatim. Hence the emergence in short order of about five different new versions of MS DOS 6.0, firstly without ANY drivespace, then with a new "clean" version without pirated code. There's a widespread belief that Bill Gates suffers from Asperger's Syndrome - based on the observable facts that he displays most of the symptoms. One of them is an ability to tell reight from wrong.

[Guest Big Ron - No Longer a Mem]

http://news.zdnet.co.uk/story/0,,t269-s2135676,00.html

Answers several questions raised here. Why now? Why Orange and not HTC? Because Sendo have JUST been granted a UK (only) patent for their intellectual property. That's an official recognition that it IS their property - but it doesn't extend to Taiwan, Germany or wherever. So, they're starting their hit list with those they CAN hit - Orange. Given the granting of the patent and that Senso will have had to provide sworn affadavits, I'd say that factually it was probably an open-and-shut case. Only real question being what sanctions/recompense will the courts impose.

"A lawsuit filed by the UK handset maker alleges that the SPV contains Sendo patents, and aims to halt SPV sales

Sendo said on Thursday that it has filed legal action against mobile phone operator Orange in the UK for alleged patent infringements in Orange's SPV (Sound, Pictures, Video) smartphone.

The handset maker said that the lawsuit against Orange centres on a patent relating to miniaturisation in the SPV's circuit-board design. The lawsuit was filed in the High Court of Justice in London.

Orange said that it would fight the allegations. "Orange strongly denies any impropriety regarding the intellectual property rights of the SPV and has contacted the parties involved in the design and build of the handset," a spokesman said.

Sendo previously sued Microsoft, which created the SPV's operating system, for allegedly stealing trade secrets from Sendo that were later used in the creation of other Microsoft-powered smartphones, such as the SPV. Sendo developed a handset called the Z100 that was originally to have been the first Windows-Powered smartphone.

The Birmingham, England-based handset maker said its legal action would seek to stop SPV sales. "We have tried to solve the matter in an amicable way. However, we are now in a position that we have to take legal steps," said Sendo chief executive Hugh Brogan in a statement. "We are seeking damages and an injunction to restrain sales of the product."

He also suggested that other companies selling the SPV -- manufactured by Taiwan's High Tech Computer (HTC) and sold by wireless operators under various names around the world -- could face similar legal actions.

"If Sendo believes that its global intellectual property rights are infringed, wherever in the world this might be, we will take steps to defend those rights," Brogan stated.

Sendo sued Orange rather than HTC because its circuit-board patent only covers the UK, but the company has applied for the same patent in other territories worldwide, a Sendo spokeswoman told ZDNet UK. Sendo applied for the circuit-board patent in September 2001, and it was approved on 7 May of this year.

Sendo is now developing a smartphone based on the Symbian OS, which is used by manufacturers such as Nokia and Sony Ericsson. "

[Guest Big Ron - No Longer a Mem]

It's my legal opinion, peeps, that the reason they're going after Orange is because the phone is branded and sold specifically as the "Orange SPV", ie as if it were an Orange product. Orange never suggests that they make the http://www.apah56.dsl.pipex.com/brick.jpg>Nokia 7250 or anything. It's the special relationship of Orange with the SPV that makes them potentially liable. 

Sendo says: "We have been advised by our patent agents, that the Orange SPV phone infringes these rights."

It affirms that they're going after the Orange phone, as if it were made by Orange, regardless of its true manufacturing source.

I don't think that T-Mobile (!) or any of the other carriers are selling it under their own Carrier Brand name are they? Not sure, but selling the phone as the "SPV E100" should distance them enough from any potential claims of Intellectual Property infringment, leaving the only claim against HTC/MS.

I think :lol:

V

I think you're wrong! The key here is that Sendo have just been granted a UK patent - and Orange sells the SPV mainly in the UK. The granting of the UK patent, and the suit against Orange isn't the end of the story - Sendo have applied for the SAME patent in a wide number of other countries. Since the granting of the patent is an *official* recognition of intellectual property rights, it makes a subsequent civil case for patent infringement a great deal simpler and cheaper - but it HAS to be done country-by-country. The UK patent was the first to be granted, so Sendo are going after the main UK infringer of that patent first. If the next patent to be granted is Germany... then Sendo's lawyers will doubtless deliver a writ to the main German supplier of Tanagers next. The granting of that patent makes the case fairly "open and shut" - the courts have ALREADY agreed that the circuitry belongs to Sendo. The only remaining issue is "Is it found in a phone distributed by Orange?" And I suspect that if the answer wasn't going to be an equally clear "yes", that Sendo's lawyers wouldn't have wasted their time. Now it's up to Orange to prove that the circuitry is somehow different. And frankly, I don't think they're going to be able to. It's THAT simple. The only remaining questions are... "what penalties will the courts award?" and "where will the NEXT patent be awarded?"

If Sendo win - and I can't see how they'd lose - then the Smartphone platform will be set back by over a year as they're forced to redesign (much as with MS DOS 6.0 -> 6.11) around pirated IP, and Sendo'z Z100 will be re-launched around a Symbian core LONG before the SPV and its clones recover. Head-to-head reviews of the SPV and Z100 back in December last year suggested that the Z100 was the better handset - and that the SPV squeaked ahead by a narrow margin when you took Orange's cut-price GPRS access into consideration. The same reviews claimed that the Z100 was "buggy", but that the bugs were mainly down to Microsoft, not Sendo. Bugs ironed out... Orange no longer offering cheap GPRS... No contest. Looks like you can still have a smartphone - but one with a better handset, fewer bugs in the O/S, "Opera" as the default web browser. Let's hope Orange supply them!

[Guest Rob.P]

Big Ron,

I'm not so sure that it'll be that cut and dry, (depending on has got the better legal team of course), could Orange not argue that as they did not specifically have anything to do with circuitry design, making the ball fall in HTC's court, which due to them being in another country make the whole invalid?