Niro JPEG Patent rejected Again

FROM TechDirt

Lawyer Raymond Niro, for whom the term "patent troll" was apparently first coined, has been known to use the fact that he represents a company called Global Patent Holdings (GPH) to his advantage. GPH owns patent 5,253,341, but looking at it there won't do much good. You see, Niro and others claimed that the patent covered pretty much anyone running a web server, leading to quite a few legal battles, including one against a guy, Greg Aharonian, who called it a "bad patent." For claiming that, he got sued for patent infringement. In fighting the patent, it was re-examined, and all 16 of its claims were rejected... but a 17th claim was added and allowed to stand.

Since then the patent has been asserted against a wide range of organizations, including some resort in Florida and the Green Bay Packers. Niro appears to claim that any site using a JPEG image violates the patent. Not only that, but in cases where the patent has been asserted, Niro has been known to go for something of a sympathy play, by noting that the inventors (or the widow of one inventor) named on the patent are "old and feeble" (yes, they called them feeble) and made almost no money in 2006 (even though the filing was in 2008 -- some noted that their 2007 income was conveniently left out).

With so many cases involving this patent underway, the USPTO agreed to re-examine the one claim (claim 17). And, with that re-exam going on, a judge on one of the cases put the case on hold until the re-exam is done. While GPH protested, claiming that the patent had already been re-examined (and that the re-exam process took too long), the judge pointed out that there's only one claim left (so it should be faster) and that this particular claim had never been re-examined, since it was added during the last re-exam.

Story continues at TechDirt