Wifi Revolution

A university-based research organization is reportedly suing Nokia, Samsung (News - Alert) and Matsushita, the parent company of Panasonic, for allegedly violating four patents it holds related to Bluetooth technology.

According to a Reuters report, the Washington Research Foundation is seeking unspecified damages from the three mobile phone makers for using its patented wireless technology without paying royalties. In addition to seeking compensatory damages, the foundation has also requested a cease desist on the sales of all devices incorporating the technology in the U.S. The foundation is reportedly only seeking compensation based U.S. sales of devices employing the technology, not worldwide sales.

The Washington Research Foundation markets technology from the University of Washington and other universities. According to the Reuters report, one of the foundation’s scientists, Edwin Suominen, was awarded a patent in 1999 for “simplified high-frequency broadband tuner and tuning method.” Apparently, foundation is claiming that Nokia, Samsung and Panasonic violated Suominen’s patent - and three other patents it holds - even though Ericsson (News - Alert) is credited as the developer of Bluetooth, an open source technology. It is unclear from the Reuters report whether the technology developed by Suominen is similar, if not identical to, the technology developed by Ericsson and distributed through the major mobile device makers, or what specific role it plays in allowing mobile devices to "talk" to one another.

Edwin Suominen’s Web site claims he earned his bachelor of science in electrical engineering from University of Washington in 1995. His site offers his services as a “registered patent agent” and includes a paper describing his patent for “Simplified High Frequency Broadband Tuner and Tuning Method” (U.S. Patent 5,937,341).

“I represent patent applicants before the U.S. Patent Office as well as the U.S. and European Offices for international (PCT) patent applications,” Suominen claims on his Web site. “Please take a moment to read about the nature of my practice as a patent agent or review my background.”

“Please feel free to give me a call or send an e-mail if you are thinking about hiring a patent professional, either now or in the future. I’ll be happy to set a few minutes aside, free of charge, to discuss how patent protection might fit in with your technology, business strategy, and your budget. I look forward to meeting you soon.”

Ericsson platform developers Sven Mattison and Jaap Haartsen are credited with developing the Bluetooth specification (IEEE 802.15.1) in 1994. The spec was then further developed by engineers from Sony Ericsson, IBM, Intel (News - Alert), Toshiba and Nokia - and it was formalized by the Bluetooth Special Interest Group (SIG) upon the group’s formation 1998. It was through Ericsson and SIG that Bluetooth became a free wireless technology, like WiFi. However, no one knew at the time that it would become as popular as it has. Although Bluetooth is still regarded as being in its infancy, it has nevertheless been rapidly gaining popularity.

Today SIG includes more than 6,000 companies worldwide – and Bluetooth is used in millions of electronic devices, from laptops to mobile phones to wireless headsets to remote controls.

Michael Lisa, the foundation’s principal lawyer, was quoted in published reports as saying, “we will not refuse reasonable settlements, but if we don’t get an offer to do so, we are going to trial.” He said the foundation spent three years trying to negotiate with the three mobile makers but ultimately ended up having to bring suit.

The foundation had reportedly also planned to go after the British-based Bluetooth chipset manufacturer CSR, which supplies the chips to Nokia (News - Alert), Samsung and Panasonic. However, the foundation apparently decided to bring suit only against the handset makers, mainly because the case falls under U.S. patent law, and furthermore because CSR might not necessarily know which chips where shipped to the U.S. by the three handset makers.

If the plaintiffs prevail, the suit could have a dramatic impact on the future success the Bluetooth standard, as it will mean that the technology will no longer be free to device makers (and thus will no longer be free to consumers). Considering Bluetooth has numerous competing technologies, such as WiFi (News - Alert) and WiMAX, which are also free, a victory for the foundation could (ironically) deliver a major set-back to a technology which is just starting to take-off.

Haartsen told Reuters that others have tried, unsuccessfully, to claim part of the Bluetooth technology in the past.

“We’ll have to see how this one pans out,” he was quoted as saying in the report.

Should the foundation win the suit, the decision would affect only the devices sold in the U.S., which represent about 15 to 20 percent of all the Bluetooth devices globally.

So far, Nokia, Samsung and Matsushita have not publicly commented on the lawsuit.


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Patrick Barnard is Assignment Editor for TMCnet and a columnist covering the telecom industry. To see more of his articles, please visit Patrick Barnard’s columnist page.

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