Putting all the wrong things in the words "corporate turnaround", EpicRealm has gone from a company selling internet acceleration technology to a company that hold the internet hostage, hoping to enforce a dynamic web content patent.

EpicRealm over the course of the past months has filed lawsuits against 13 companies that are allegedly infringing on its patents, demanding damages and a licence fee.

The accused are (spread out over 3 lawsuits):
Speedera (has since been acquired by Akamai)
Autoflex
eHarmony
Friendfinder
Grande Communication Networks
Its Just Lunch (has since started settlement talks)
Transplace
Franklin Covey
Clark Consulting
Macerich
Safelite
Herbalife
Pink Sheets

As it goes with patent cases, it's hard to say how broadly the patent can be applied. It could apply to "most modern e-commerce sites involved in dynamic web page generation and caching", according to Ira Rothken, founder of the Rothken Law Firm that is representing FriendFinder.

EpirRealm's counsel Kevin Meek with Texas law firm Baker Botts downplayed how broadly the patents could be applied.

At the end it depends on the judge to rule on the validity of the patent (EpicRealm didn't exactly invent dynamic webpages) and how broadly they can be applied.

For Friendfinder Rothken is convinced that this all will have a happy end. The company only uses load balancing technology but none of the dynamic web page generation technology that is part of the patent.

But back to EpicRealm. It once used to compete with Akamai but somewhere around 2003 the plug was pulled. Technically the company didn't go bankrupt, but let's just say that there is little going on at its office on Crescent Court in Dallas, that doesn't even list a telephone number.

Click here to download court documents:

• complaint against Speedera
• Complaint against Autoflex e.a.
• Complaint against Franklin Covey e.a.

Photo credit: Ken Duncan

tags: epicrealm, litigation, patents, patent litigation

31 Aug 2005