14/12/10

Judge dismisses Paul Allen firm's patent lawsuit

n">(Reuters) - A U.S. district judge dismissed a patent infringement lawsuit brought by a company linked to Microsoft Corp co-founder Paul Allen against a cluster of major corporations, saying the complaint failed to identify specific products or devices.

In August, Interval Licensing LLC filed a patent infringement lawsuit against AOL, eBay, Facebook, Netflix, Office Depot, OfficeMax, Staples, Yahoo and Google's YouTube.

In a suit filed in the U.S. District Court for the Western District of Washington, Interval sought damages and a halt to the alleged violations of the four patents it said were fundamental to e-commerce and search.

Judge Marsha Pechman said in a ruling filed on Friday that plaintiff Interval Licensing "has failed to identify the infringing products or devices with any specificity."

Judge Pechman said the court and defendants are left to guess what devices infringe on the four patents and also that the case failed to indicate which of the defendants' products or devices may be at issue.

While dismissing the lawsuit, the court granted Interval Licensing until December 28 to file an amended complaint.

A spokesman for Allen told the Wall Street Journal Interval planned to file an amended complaint soon, calling the judge's order a "procedural issue" that would not halt the case.

"The case is staying on track," the spokesman told the paper.

Interval Licensing could not immediately be reached for comment by Reuters outside regular U.S. business hours.

The case is In re: Interval Licensing LLC vs AOL Inc et al, Case No. 10-1385, U.S. District Court, Western District of Washington (Seattle)

(Reporting by Sakthi Prasad in Bangalore; Editing by David Holmes)


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