Plaintiff CRFD Research sues Hulu, Netflix, Spotify, Amazon, etc. in the Dist. of Delaware on Friday, alleging infringement of U.S. Patent No. 7,191,233 (“System for Automated, Mid-Session, User-Directed, Device-to-Device Session Transfer System”) filed Sept. 7, 2001, and issued in 2007. According to the complaints, “[t]he inventions of the ’233 Patent are applicable to, among other things, a transfer of an on-going software session from one device to another device.” Regarding Hulu, Plaintiff purports that the following actions are indicative of infringement: “a user can ‘[m]igrate [his or her] viewing experience seamlessly across devices: start watching on [his or her] phone, [and] continue watching on [his or her] TV.’”
Defendants purport that when a user’s Amazon-enabled devices are networked, the media content on one Amazon-enabled device can be accessed by all Amazon-enabled devices. For example, with Amazon Instant Video, “Whispersync for Videos keeps track of [the user’s] last location in a video so [the user] can resume watching across [the user’s] Kindle Fire, PC, Mac, or one of over 300 compatible TVs, Blu-ray players, or devices.” Complaint ¶ 14.
CRFD is represented by Farnan LLP and Mishcon De Reya New York LLP.
Wow! “Here is a general description of the steps one would need to follow in order to transfer an on-going software session on one device to another device.” –That’s patentable?
“Here is a general description of the steps one would need to follow in order to transcribe any text, via keyboard, to an electronic document. To wit: transcriptionist must receive message (via any means–vision, hearing, olfactory, and press, in order, the corresponding keys on an input device connected to a recording electronic device (including recording media of any type). . . .” –The use is non-obvious. But if someone had simply DESCRIBED the process prior to IBM’s creation of the first mag-card writer back in the mid-70s, he or she would have made a killing when IBM (or whoever) actually manufactured the equipment that made the “method” work. Right?