E-Data Defeated Over Download Patent

by Robin Pilgrim, LawAndTax-News.com, London

14 June 2005

Ruling last week, the Patents County Court in London revoked the so-called 'Freeny' patent, and stated that digital stock photography providers Getty Images and Corbis had not committed patent infringement.

In May 2004, technology firm, E-Data Corporation announced that it planned to sue the firms in question over their use of technology which allows users to browse, license, and download images via the internet.

E-Data claimed ownership of the Freeny patent, which covers the downloading of media from a computer to another device, such as a CD, DVD, or MP3 player, and the downloading of photographs and news content.

Ruling for the court on Wednesday, assistant recorder, Richard Arnold QC argued that the patent was invalidated by prior art contained in an earlier US patent covering: "A self service terminal for dispensing voice and video information, printed documents and goods; and for accepting service orders and payments therefore by currency or credit card."

In any case, the patent in question expired in the United States in 2003, and is set to expire in Europe later this year.

It is not yet known whether the decision will affect settlements reached between E-Data and OnDemand Distribution, Microsoft and Tiscali over pay-per-song download services offered by the three firms which E-Data claimed infringed its patent.

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