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December 6, 2005

Getting Carded

1986 vintage 4,777,354 doesn't have much life left, but it's going out like a kicking mule. Inventor Barry Thomas is going for the gusto.

'354 lays a broad claim to "controlling the supply of the service to a consumer location over a predetermined time period" using an "actuator card."

As the patent explains, "the use of cards for actuating vending systems is old. The [prior art] systems... facilitate either the dispensing of specific consumer items such as prepackaged food, or materials such as gasoline, or enable reactuation of a postage meter after a particular monetary charge has been depleted. None of the above prior developments is concerned with a system for enabling the supply to a consumer of utility services including electricity, gas, water or oil, or other services such as telephone or cable television, over a particular desired time period."

Barry's suing Adelphia Communications and Cox Communications for their cable set top boxes. DirecTV and EchoStar are in the dock for their TV satellite receivers.

354 has only one independent claim -

1. A system for controlling the supply of services to a consumer, said system comprising:
    a plurality of service supply control means for controlling the supply of respective services to a consumer location over respective predetermined time periods;
    an actuator card means for actuating said supply control means, said actuator card means including a plurality of individual programmable memory means each for storing respective coded information in relation to a respective service;
    said supply control means including actuator card reading means for reading respective coded information stored in said respective memory means on said actuator card means for generating data related to said respective coded information;
    timing means connected to said supply control means for timing each said respective predetermined time period over which said supply control means supplies said respective services to said consumer location.

The predetermined time could relate to monthly billing.

Also being sued for infringement are Cingular Wireless, T-Mobile, and Suncom Wireless, along with their manufacturing suppliers - Nokia, Palm, Siemens Communications, Sony Ericsson Mobile Communications, Benq USA, Sanyo, LG Electronics Mobilecomm USA, UT Starcom, and Research in Motion (every patent holder's favorite whipping post). Word on the street is that Samsung is also slated for the infringement accusation bullet.

All litigation is being pursued in the Western District of North Carolina.

Posted by Patent Hawk at December 6, 2005 7:08 PM | Litigation