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Intel Wins Ethernet Data Communication Patent Fight

By - Source: Yahoo | B 9 comments

Intel has landed a victory against Negotiated Data Solutions (N-Data) in the U.S. Court of Appeals for the Federal Circuit, following a 4-year long battle.

In a complicated legal proceeding, the court sided with Intel and said that the company did not infringe on patents #5,361,261; #5,533,018; #5,566,169, and #5,594,734.

The patents were originally assigned to National Semiconductor (NSC), but were given to Vertical Networks in 1998, and to N-Data in 2003. The patents were changed over time, and reissued, as Vertical increased the number of its claims from 77 to 378. As N-Data got a hold of the patents, the company sued Dell in 2006 over patent infringement and was able to reach a settlement in 2009. Intel intervened in the case and eventually filed a declaratory judgment that under the NSC Agreement, which Intel had signed in 1976, but which had expired in 2003. Intel said that itself and its customers are licensed to the National patents and all reissue patents owned by N-Data that are derived from any of the National Patents.

According to the court papers, Intel's license expired in 2003, but Intel claimed that the original agreement with NSC naturally extends to reissue patents that derive from National Patents. N-Data said that the reissued patents are separate patents "that cover unique property rights" which would need a separate license. In the original ruling, the District Court granted a summary judgment to Intel "because the agreement reflects the intent of the parties to license not only the literally described patents and patent applications, but also the reissue progeny of those licensed patents and patent applications from which the reissues were derived." The Court of Appeals judge David Folsom agreed with this conclusion.


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  • 12 Hide
    jkflipflop98 , December 19, 2012 8:27 PM
    What a mess. . .
  • 10 Hide
    Non-Euclidean , December 19, 2012 8:31 PM
    Kudos for Intel.
  • 6 Hide
    ojas , December 19, 2012 8:49 PM
    Intel is kind of very cool, if i ignore that bribing thing that unfairly hurt AMD.

    It's like this big huge invisible larger than life thing that pushes tech in general and the PC in particular, forward, and saves its partners, etc. I don't know. Sort of puts me in awe. :p 
  • -1 Hide
    Anonymous , December 19, 2012 9:48 PM
    Or if you ignore Intel letting computer OEMs customize their Intel HD graphics drivers, and then the computer owner is at the mercy of the OEM for updated Intel HD graphics drivers! Oh Great Intel they have never had HD graphics drivers that are very good, and they let computer OEMs customize their software so they can get their chips into computers, and damn the consumer who is stuck with GPU hardware that has incomplete driver software, and no driver updates form the OEMs! How about this as a story Computer press!
  • 5 Hide
    A Bad Day , December 19, 2012 9:56 PM
    Looked up Negotiated Data Solutions...

    There was hardly any information on it other than which city it was located in.
  • 6 Hide
    memadmax , December 19, 2012 10:57 PM
    N-Data = Another front company to sue other companies to make a quick buck.....
    Doesn't even exist except in name only.....
  • 4 Hide
    sykozis , December 19, 2012 11:21 PM
    A Bad DayLooked up Negotiated Data Solutions...There was hardly any information on it other than which city it was located in.

    Because it's a patent holding group. They buy and license patents.....and file suit against anyone that refuses to sign a license agreement with them (such as Dell who already had a license for said patents, through Intel).
  • 4 Hide
    A Bad Day , December 20, 2012 1:01 AM
    BTW, after I looked up that spammer's website in the DomainTools, it says that 3,217 websites (probably all spam sites) are also hosted on the same server.

    Also, the server is hosted in Panama.
  • 1 Hide
    m32 , December 20, 2012 2:26 PM
    Lets hope this patent troll stays underground.