Judge dismisses Microsoft co-founder Allen’s patent lawsuit against Apple; amendment expected

Apple Store“Billionaire investor Paul Allen’s patent lawsuit against some of the biggest names in high technology ran into a stumbling block as a federal judge in Seattle dismissed the complaint for not describing its allegations specifically enough,” Don Clark reports for The Wall Street Journal.

“U.S. District Judge Marsha Pechman on Friday set a Dec. 28 deadline for the plaintiff, a company controlled by Mr. Allen called Interval Licensing LLC, to file an amended complaint,” Clark reports. “A spokesman for Mr. Allen said it plans to do so soon, calling the judge’s order a ‘procedural issue’ that won’t halt the case.”

Clark reports, “The suit, filed in August, names tech companies Google Inc., its YouTube subsidiary, Apple Inc., Facebook Inc., Yahoo Inc., AOL Inc., eBay Inc. and Netflix Inc., as well as OfficeMax Inc. and Staples Inc., as defendants. The complaint accuses them of infringing four patents covering technology developed at Interval Research Corp., a Palo Alto, Calif., lab and technology incubator that Mr. Allen financed but that closed down about a decade ago. Mr. Allen is a co-founder of Microsoft Corp.”

Read more in the full article here.

16 Comments

  1. Whatever happens to this lawsuit and the many others that has come and gone before … AAPL will go Up Higher ” width=”19″ height=”19″ alt=”grin” style=”border:0;” /> BUY!!!!!!

    As AAPL goes Up you can still make a profit!

    If you buy even today and it goes Up $100 sometime next year then it’s a 30.86% return ” width=”19″ height=”19″ alt=”grin” style=”border:0;” /> Never too late.

    Get ready for $828 in 2015 = AAPL

  2. Awwww, c’mon!
    He NEEEEEDED more money! How could he POSSIBLY get by with the measly few billion he has now.

    @His Shadow…
    “Kleptocrats”. Brilliant. Sadly true.

  3. @DLMeyer:

    No, it is being dismissed, and that is the correct terminology. Allen may try to file an amended complaint, but the judge may not accept it or give permission to file an amended complaint. The plaintiff can file an amended complaint prior to the defendants filing their response/answer, but after the defendants respond, the plaintiff needs the court’s permission to file an amended complaint. There is no “sending back for revision”.

  4. “…Interval Research Corp., a Palo Alto, Calif., lab and technology incubator that Mr. Allen financed but that closed down about a decade ago.”

    In other words, companies that actually deliver goods and services is being sued by a failed entity that’s now little more than a post office box. What’s wrong with this picture?

  5. I’m not sure he can make a more specific description. I suspect he just threw the suit at the wall to see if it would stick, or if he could scare the defendants into paying him off.

  6. @ Mr. Reeee

    Hey, he’ll just have to make that few billion stretch……..or become a walmart greeter. To be THAT old and only have a few billion is SHAMEFUL and deserving of the scarlet letter.

  7. @ bizlaw

    “U.S. District Judge Marsha Pechman on Friday set a Dec. 28 deadline for the plaintiff … to file an amended complaint. A spokesman for Mr. Allen said it plans to do so soon, calling the judge’s order a “procedural issue” that won’t halt the case.”

  8. Does not sound good when they can not get it right the first time.
    Have they done this kind of thing before?

    Paul, do you still pay them for not getting it correct the first time?

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