Rockstar Consortium US LP et al v. Google Inc

Filing 19

Additional Attachments to Main Document: 18 MOTION to Change Venue .. (Attachments: # 1 Exhibit 25, # 2 Exhibit 26, # 3 Exhibit 27, # 4 Exhibit 28, # 5 Exhibit 29, # 6 Exhibit 30, # 7 Exhibit 31, # 8 Exhibit 32, # 9 Exhibit 33, # 10 Exhibit 34, # 11 Exhibit 35, # 12 Exhibit 36, # 13 Exhibit 37, # 14 Exhibit 38, # 15 Exhibit 39, # 16 Exhibit 40, # 17 Exhibit 41, # 18 Exhibit 42, # 19 Exhibit 43, # 20 Exhibit 44)(Mann, James)

EXHIBIT 37

Structure Data 2014 - Special holiday offer – register by 12/31 for $200 off. Use code HOHOHO!

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TAGS: apple / microsoft / patents

Microsoft and Apple group use ancient Nortel patents to sue Time
Warner Cable, Cisco
by Jeff John Roberts
DE C. 13 , 20 1 3 - 9 :2 0 A M PST
S U M M A R Y : Google rivals formed a group called Rockstar in 2011 to buy old patents from bankrupt

Nortel. The group started by suing Android phone makers, but it now looks like it plans to sue everyone
else too.

photo: DM7

Where do tech companies go when they die? In the case of Nortel, the late Canadian telco has found an
afterlife as part of a patent trolling operation that struck Android [http://gigaom.com/2013/11/01/androidunder-attack-rivals-unleash-nuclear-patent-hell-against-samsung-google/] phone makers in October, and is
now targeting network and cable operators in lawsuits this week in Texas and Delaware.
Nortel’s second act as the walking dead is taking place thanks to “Rockstar Consortium,” a group formed by
Microsoft, Apple and other Google rivals, which bought bankrupt Nortel’s patent portfolio in 2011 for $4.5
billion [http://paidcontent.org/2011/07/11/419-nortels-4-5-billion-patent-sale-approved-as-u-s-regulators-

mull-option/].
“Nortel was the source of many of the most important innovations in history in the field of
telecommunications and networking,” says a new Rockstar lawsuit (embedded below) that accuses Time
Warner Cable of violating six patents, including US Patent
6128649 [http://www.google.com/patents/US6128649], which was issued in the year 2000 and describes a
method to show multiple screens in a video conference.
The complaint doesn’t say how exactly Time Warner Cable is infringing the old Nortel patents, but only
notes that “TWC operates, sells and offers to sell video, high- speed data and voice services over its
broadband cable systems throughout the United States.” Rockstar, which is suing through a subsidiary
called Constellation, also complains that the cable company walked away from its licensing demands in
2012.
And in a second lawsuit, filed in Delaware, Rockstar — using the corporate name “Bockstar” — makes a
series of broad-based allegations against Cisco that claim the company is violating six other old Nortel
patents, including this one [https://www.google.com/patents/US5732080?
dq=5732080&hl=en&sa=X&ei=cjSrUvSyNouusASqsIDgCg&ved=0CDcQ6AEwAA]from 1998, related to
routers and switches.
All of this is will do nothing to help innovation, though it certainly will lead to higher cable bills as Time
Warner will have to spend millions on lawyers to fight the suit or else pay expensive license fees for old
patents from a dead company; either way, the costs will be passed on to customers.
As Joe Mullin of Ars Technica noted [http://arstechnica.com/tech-policy/2013/10/patent-war-goes-nuclearmicrosoft-apple-owned-rockstar-sues-google/]when Rockstar sued the phone companies, “it’s patent
trolling gone corporate.” And there’s no indication of where this will stop. Apple and Microsoft are sitting
on thousands of patents that date from an era when the Patent Office would grant a patent on nearly
anything (including one for a little boy’s method of swinging on a
swing [http://www.google.com/patents/US6368227]), and it looks like they’re going to use them to sue
every industry they can think of.

While Congress is taking aim at patent trolling with a proposed law called the Innovation
Act [http://gigaom.com/2013/12/05/house-passes-innovation-act-325-91-a-small-solution-to-a-big-patentproblem/], Microsoft has already succeeded in stripping out [http://gigaom.com/2013/11/22/old-tech-giantscrush-fix-for-software-patent-but-reformers-can-still-win/] a part of the law that would have made it easier
to challenge bad patents. This means the best hope for a return to patent sanity may lie with the Supreme
Court, which last week agreed to consider [http://gigaom.com/2013/12/06/supreme-court-to-reviewpatents-on-software/] what type of software patents should be granted in the first place.
Meanwhile, in Canada, Nortel’s hometown has been transformed from a one-time innovation hotbed into a
tech necropolis where, as the CBC reported [http://www.cbc.ca/news/canada/ottawa/ottawa-home-torobust-controversial-patent-licensing-industry-1.2440034], once-proud engineers are paid to pick apart
other people’s inventions in search of new patent violations that they can pass on their American masters.
Rockstar v TWC [http://www.scribd.com/doc/191330882/Rockstar-v-TWC]

!"#$ &'()*+,*-(-./*012 34+56$78 ( 9:;$<

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

SHOW ME MORE LIKE ROCKSTAR V TWC
SIMILAR TO ROCKSTAR V TWC
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by Jeff John Roberts
DEC. 13, 2013 - 9:20 AM PST

 Follow @jeffjohnroberts or @gigaom for more stories like this.

 3 Comments

Guest
Friday, December 13 2013

Why do you assume that money is the only goal in suing Time Warner? Maybe Apple and Microsoft want to
open the cable company up to services that both Apple and Microsoft would like to provide and that Time
Warner want to keep locked down. Remember paying for “ringtones”? the cell companies only broke down
after Apple pressured them, this could be similar. Maybe Apple TV and Xbox will gain access to replace
awful cable boxes.
Name
Friday, December 13 2013

As with the beastie boys brouhaha, the life of electronics/ software patents is way too long. 5 maybe 10
years tops then it’s open source.
Drugs get 20 years because the approval process takes a while.
There’s no reason a patent should extend beyond the industry standard product lifetime of a last time buy.
Nico
Friday, December 13 2013

So Microsoft and Apple has successfuly changed their business model into patent trolling, I suppose that is
one way of staying into business.
The courts should calculate the value of the patents though. Since it was not valuable or strong enough to
keep Nortell into business, the value of those patents are actually zero. And that is what other companies
should pay to use those patents, zero. That would send out the strongest message yet to patent trolls.

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