ISYS Technologies Sues Google and Its Partners,Stop Launch of Chromebook and Chromebo - Chromebook Forum : Google Chromebook Forums
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post #1 of 15 (permalink) Old 06-17-2011, 01:53 PM Thread Starter
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ISYS Technologies Sues Google and Its Partners,Stop Launch of Chromebook and Chromebo

I just wanted to post this again so everyone is clear on the situation with google and ISYS, and why we aren't getting our free chromebooks yet either!

Quote:
June 06, 2011 12:32 PM Eastern Daylight Time
ISYS Technologies Sues Google and Its Partners, Claiming Violation of Its ChromiumPC Trademark; Restraining Order Sought to Stop Launch of Chromebook and Chromebox

After months of delaying tactics by Google and after ISYS’ first use of the ChromiumPC mark, ISYS and subsidiary, Xi3 Corporation, see their talks with Google reach “an impasse.” Noting that Google’s planned June 15, 2011, worldwide launch of the Chromebook PC products would cause ISYS “irreparable harm,” ISYS is pursuing an expedited legal review in federal court in Utah to prevent shipments of Chromebook and Chromebox computers.

SALT LAKE CITY--(BUSINESS WIRE)--ISYS Technologies, Inc. today filed a lawsuit against Google alleging that the search giant is violating and interfering with the trademark for its ChromiumPC™ Modular Computer.

“This is also true of the ChromiumPC Modular Computer, which is capable of running open source operating systems and browsers, but will not ship pre-loaded with a Google licensed OS.”
The suit seeks an expedited temporary restraining order and preliminary injunction against Google and its partners (Acer, Amazon.com, Best Buy and Samsung) to stop further marketing efforts of the Chromebook and Chromebox PC products, as well as plans to begin selling these PC products on or about June 15, 2011. All five companies are named in the federal lawsuit that was filed in the United States District Court for the District of Utah in Salt Lake City, Utah, as Case No. 2:11-CV-507 CW.

ISYS Technologies, Intellectual Property Management and Xi3 Corporation Background

ISYS Technologies is an intellectual property management and holding company that was formed in 2002. ISYS Technologies holds issued U.S. patents surrounding the Xi3® Computer Architecture, intellectual property that forms the foundation for the Xi3 Modular Computer. Given the valuable nature and potentially industry-changing nature of the Xi3 Computer Architecture, ISYS Technologies management chose to seek and obtain substantial patent and intellectual property protection for ISYS’ market entry of its Xi3 Modular Computer and the Xi3 Computer Architecture.

ISYS Technologies is pursuing various intellectual property protections in scores of countries around the world. Xi3 Corporation was formed as a subsidiary of ISYS Technologies in 2010 to support plans to expand sales of the Xi3 Modular Computer, ChromiumPC computers and related Xi3 Computer Architecture products in 2011.

In November 2009, however, ISYS Technologies announced its intent to support Internet-based operating systems on its Xi3 Computer Architecture platform when it launched its ChromiumPC blog at ChromiumPC. In June 2010, Xi3’s parent company, ISYS Technologies, filed for trademark registration of the ChromiumPC brand for hardware with the United States Patent and Trademark Office. Interim approval for the ChromiumPC registration was determined by the Trademark Office in October 2010, and the application was “published for opposition” on November 23, 2010.

Xi3 ChromiumPC Modular Computer Background

On May 20, 2011, further details about the General Availability of the ChromiumPC Modular Computer were released, describing it as the world’s first desktop able to run open source, Internet-based operating systems. Slated for general availability in the second half of 2011, the ChromiumPC is a version of the company’s Xi3 Modular Computer which was formally unveiled in 2010 and named by the Consumer Electronics Association as an Innovations Award Winner in the Computer Hardware category for the 2011 International CES trade show.

“As I noted in the May 20 ChromiumPC news release, ‘The Xi3 Computer Architecture is designed to support any x86-based operating system, including Windows, Linux, Unix, and other open source-based operating systems,’” said Jason A. Sullivan, president and CEO of ISYS Technologies. “This is also true of the ChromiumPC Modular Computer, which is capable of running open source operating systems and browsers, but will not ship pre-loaded with a Google licensed OS.

“We do not begrudge anyone the ability to create new products and take them to market, unless they infringe on our intellectual property. For more than 18 months, we’ve been using, marketing, promoting and selling ChromiumPC Modular Computers. But in spite of our sincere efforts to resolve this matter amicably with Google, we’ve clearly reached an impasse. So for now, we feel we have no other choice than to request the assistance of the court to protect us in this very critical matter regarding ChromiumPC.”

Legal Summary of ISYS Technologies, Inc. vs. Google, Inc., et.al.

Todd E. Zenger, shareholder and intellectual property litigation specialist for the Salt Lake City-based law firm Kirton & McConkie, is the lead attorney for ISYS in its lawsuit against Google, et.al. According to Zenger, the two following paragraphs come from the formal Introduction to the ISYS complaint filed today:

“ISYS Technologies, Inc. is the user and owner of the mark ChromiumPC for use on computer hardware. This use began in 2009. In 2010, ISYS filed for trademark registration thereby providing constructive notice to all including Google of ISYS’ ongoing intentions to brand computer hardware with the ChromiumPC mark. In November 2010 and January 2011, Google knew that ISYS received significant awards through its Xi3 subsidiary at national computer tradeshows for new computer hardware being readied for market launch. Google has now opposed ISYS’ application for ChromiumPC relying upon the name of open source software called Chromium OS by Google and by many, independent open-source developers over which and over whom Google exercises no material control.

“Knowing of ISYS and its intentions and preparations for large-scale manufacturing and selling of computer hardware, Google was privately preparing new hardware products and filed a trademark application in February 2010 for SPEEDBOOK for computer hardware. When Google’s plans to use SPEEDBOOK for a new PC hardware product were derailed by the owner of another SPEEDBOOK mark in late 2010, Google switched its behind-the-scenes efforts to CHROMEBOOK for PC hardware products while delaying ISYS’ trademark registration by filing unnecessary extensions of time until Google publicly launched its new hardware PC products on May 11, 2011 and thereafter demanding that ISYS cease and desist using its ChromiumPC mark and abandon its application for registration. This causes damage and irreparable harm to ISYS. ISYS seeks an expedited review of the matters, invalidation of Google’s claims to rights in the mark CHROMIUM and an injunction to prevent the sale of computer hardware by Google bearing a mark confusingly similar to ChromiumPC, namely, CHROMEBOOK and/or CHROMEBOX for PC hardware products.”

About ISYS Technologies, Inc.

Formed in 2002 and headquartered in Salt Lake City, Utah, ISYS Technologies is an intellectual property management company.

About Xi3 Corporation

Formed in 2010 and headquartered in Salt Lake City, Utah, Xi3 Corporation has brought a new type of computing to the world – modular computing – initially in the form of the Xi3 Modular Computer. For more information on Xi3 Corporation (an ISYS Technologies company), please visit Xi3 | Introducing Xi3 Architecture.

ISYS and ISYS Technologies are service marks of ISYS Technologies, Inc. The shape of the three-sided single piece casing, the end plate, and the overall shape of the Xi3 Modular Computer, as well as Xi3, ChromiumPC, Modular, and Xi3 Modular are trademarks and unique trade dress of ISYS Technologies, Inc. All other trademarks are the property of their respective owners.
Source ISYS Press Release

ISYS Technologies is a patent trolling company. As in, they hold patents and trademarks for the sole purpose of using legal means to make money. That explains why I found out about the suit through a press release; what other company would sue and then submit a press release about it?

I debated even posting this, but it’s relevant to Google and Chrome OS. It shows that when a company such as Google makes enough money that others are going to try to get their piece of the pie however it is that they can. But seriously, how can ISYS create a device called “ChromiumPC” and run it with Chromium OS, then sue the company that help create it?

What’s even more baffling is what this has to do with Chromebook at all, since Chrome OS and Chromium OS are different projects, even though they share some of the same code. What do you think?
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post #2 of 15 (permalink) Old 06-17-2011, 02:00 PM
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Thanks For the Info! I was looking for it as well to show everyone but it seems like you found it first!

Everyone should read about this and calm down haha ! But as for A company that creates Names and Terms just to create money and sue over it low, they realized they just want money over this dispute over the name "Chrome" So they ISYS can walk away with gigantic GRINS! on their faces! while making all of us suffer and wait even longer for the release of the Chromebook!
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post #3 of 15 (permalink) Old 06-17-2011, 02:09 PM
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There has been some talk about this on the board already. I think one guy even said he was going to go protest against them. I think patent trolling companies are stupid. I hope Google takes them down.
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post #4 of 15 (permalink) Old 06-17-2011, 02:35 PM
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Why did it have to take this long for ISYS to sue Google, especially when the long awaited d-day was just around the corner? I also hope Google does take them down.
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post #5 of 15 (permalink) Old 06-17-2011, 03:10 PM
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Quote:
Originally Posted by lull View Post
There has been some talk about this on the board already. I think one guy even said he was going to go protest against them. I think patent trolling companies are stupid. I hope Google takes them down.
I hope so too, and it looks like IBM is working on a permanent solution Read: The IBM "Patent Troll" Patent

It makes me wonder if Google saw this coming, with all of the special pre-orders they did. I assume it was all just because Google is an awesome company, maybe so.

Last edited by Droymac; 06-17-2011 at 03:13 PM.
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post #6 of 15 (permalink) Old 06-17-2011, 03:59 PM
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I haven't read anywhere that ISYS actually received an injunction. It's one thing to file and another to get it. Acer may have held off fearing damages down the road, but I find it hard to believe.

Also, I'm no lawyer, but I have no idea how ISYS could successfully argue that Chromebook is too similar to ChromiumPC, particularly when Chrome is a google product. It's a stretch.
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post #7 of 15 (permalink) Old 06-17-2011, 04:00 PM Thread Starter
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ISYS just wants money , and quick money they might get a high payout due to the fact that google wants to release this product asap! but ISYS is just grining as well. as for that IBM Patent Troll Patent.. article is 3 years old... sooo mabye that 'patent" didnt work out too well....
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post #8 of 15 (permalink) Old 06-17-2011, 04:06 PM
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ISYS had a while to bring up the issue here, but they're smart. Such a great way for them to get money from google. 2 week prior to the chromebook release date news about ISYS was starting to appear everywhere.

I can't blame them, I would do the same.... just think about the pay out they will be getting from google.

I really hope the issue can be resolved quickly so we can get on our Chromebooks!
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post #9 of 15 (permalink) Old 06-17-2011, 04:25 PM
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Had a few minutes to research... The case files are all available in the link below. On June 14th, court docs are not finalized but a synopsis states that a judge DENIED ISYS' request for an injunction.

Isys Technologies v. Google et al :: Justia Dockets & Filings

So there is no official legal holdup right now.
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post #10 of 15 (permalink) Old 06-17-2011, 09:58 PM
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Quote:
Originally Posted by Pete View Post
I haven't read anywhere that ISYS actually received an injunction. It's one thing to file and another to get it. Acer may have held off fearing damages down the road, but I find it hard to believe.

Also, I'm no lawyer, but I have no idea how ISYS could successfully argue that Chromebook is too similar to ChromiumPC, particularly when Chrome is a google product. It's a stretch.
Dude everything a patent troll does is a stretch and yet they take legal loop holes and do what ever they want to. Who knows that has happened, for all we know there is a gag order out until this is solved. Stupid Patent Trolls!
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