Former web acceleration company EpicRealm has filed lawsuits against 13
companies for allegedly infringing on two patents that cover the way in which
many dynamic web pages are constructed and served.
The Texas-based company filed the first lawsuit seeking to enforce its
patents last April against
Speedera, a
provider of internet and content acceleration services. Speedera has since been
acquired by Akamai, the
market leader in the web performance market.
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EpicRealm started going after end users in May, when it filed a lawsuit
against six companies including dating websites
eHarmony,
It's Just Lunch and
FriendFinder.
In early August a second group of six organisations were served with writs,
including
Herbalife,
a maker of dietary supplements, and
Macerich, a
shopping mall operator.
If the patents are upheld in court, they 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.
"My view would be that [the patents], if found valid, would be narrowly
construed to a very rare architecture, otherwise it is likely that many major
e-commerce sites that use a separate page server would have to pay a royalty,"
he explained.
Rothken claimed that the patents are invalid because of
'prior
art', a legal term indicating that somebody else invented the technologies
covered in the patents before EpicRealm.
The legal expert also argued that the patents do not apply to the technology
used by FriendFinder because the website only employs a load balancing
technology without any dynamic web page generation or separate page server.
Rothken further suggested that EpicRealm is merely out to collect licence
fees from companies that want to avoid the legal costs.
According to the case's legal file, EpicRealm has dropped charges against
It's Just Lunch without prejudice to facilitate settlement negotiations.
Representatives from eHarmony and Akamai declined to comment. It's Just
Lunch, Herbalife and Macerich have not returned phone calls seeking comments at
the time of going to press.
The two patents, referred to as
554
and
335,
are related and were awarded in 1999 and 2002.
Documents filed with the US
Patent and Trademark Office reveal that they describe methods for "creating
and managing custom websites" and "managing dynamic website generation requests
".
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