Apple slapped with patent infringement lawsuit over iChat’s video backdrops

“A little-known corporation from Newport Beach, California is suing Mac maker Apple Inc., alleging that a new version of the company’s iChat video conferencing software infringes on patented technology through its use of custom video backdrops,” Kasper Jade reports for AppleInsider.

“In the 6-page complaint, filed Wednesday in the United States District Court for the Southern District of Illinois, Digital Background Corporation claims that the Apple software infringes on its 1998 patent entitled ‘Real-Time Method of Digitally Altering a Video Data Stream to Remove Portions of the Original Image and Substitute Elements to Create a New Image,'” Jade reports.

“iChat 4.0, which shipped last month as part of the Mac OS X 10.5 Leopard operating system, also contains ‘a ‘backdrop’ feature which takes a picture of the background, replaces it with a photo or video of choice using a video frame storage and computer system to modify and then display the new image,’ the suit explains, without going into further detail,” Jade reports.

“Digital Background Corporation has asked the Court to award it a permanent injunction enjoining Apple from selling copies of Leopard that include the software, damages resulting from the infringement, treble those damages because DBC believes the infringement has been willful, and attorneys fees,” Jade reports.

More in the full article, including screenshots of the products in question, here.

36 Comments

  1. I wonder if anyone has thought that maybe Apple has licensed a patent usage of this feature from Disney Corp? I would not be surprised to find that a prior patent exists and that if this went to trial DBC’s patent would be invalidated.

    The US, UK, Australia, European Patent Office, all find duplicate patents every year.

    Now the other thing is that if the patent depends on a mathematical formulae it will be disallowed challenge as all mathematical formulae are deemed by the patent office to be independently derivable and therefore not patentable.

    My tuppence worth.

  2. Digital Background Corporation was going to use footage in their suit of a videoconference call with Steve Ballmer featuring a backdrop of firefalls, demons writhing and burning pits of sulfur. Then, one of their lawyers recognized Uncle Steve’s secret summer hideaway. He recalled that it’s got a cute, woodburned sign over the cave entrance that reads, “Abandon All Stock Options All Ye Who Enter Here!” Good times.

  3. I remember reading about fake backdrops for video phone users in Mad Magazine when I was a kid in the 1970’s. Doesn’t that count as prior art?

    For example, one featured a fake office background at a bar phone for husbands calling home to apologize for “working late.”

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