Judge dismisses Paul Allen firm’s patent lawsuit

Dec 13 (BestGrowthStock) – A U.S. district judge dismissed a patent
infringement lawsuit brought by a company linked to Microsoft
Corp (MSFT.O: ) co-founder Paul Allen against a cluster of major
corporations, saying the complaint failed to identify specific
products or devices.

In August, Interval Licensing LLC filed a patent
infringement lawsuit against AOL (AOL.N: ), eBay (EBAY.O: ),
Facebook, Netflix (NFLX.O: ), Office Depot (ODP.N: ), OfficeMax
(OMX.N: ), Staples (SPLS.O: ), Yahoo (YHOO.O: ) and Google’s (GOOG.O: )
YouTube. [ID:nN2762743]

In a suit filed in the U.S. District Court for the Western
District of Washington, Interval sought damages and a halt to
the alleged violations of the four patents it said were
fundamental to e-commerce and search.

Judge Marsha Pechman said in a ruling filed on Friday that
plaintiff Interval Licensing “has failed to identify the
infringing products or devices with any specificity.”

Judge Pechman said the court and defendants are left to
guess what devices infringe on the four patents and also that
the case failed to indicate which of the defendants’ products or
devices may be at issue.

While dismissing the lawsuit, the court granted Interval
Licensing until Dec. 28 to file an amended complaint.

A spokesman for Allen told the Wall Street Journal Interval
planned to file an amended complaint soon, calling the judge’s
order a “procedural issue” that would not halt the case.

“The case is staying on track,” the spokesman told the
paper.

Interval Licensing could not immediately be reached for
comment by Reuters outside regular U.S. business hours.

The case is In re: Interval Licensing LLC vs AOL Inc et al,
Case No. 10-1385, U.S. District Court, Western District of
Washington (Seattle)
(Reporting by Sakthi Prasad in Bangalore; Editing by David
Holmes)

Judge dismisses Paul Allen firm’s patent lawsuit