US Court Transfers CSIRO’s WLAN Case

December 18, 2006: In another win for the CSIRO in its US battles, a Californian court says the CSIRO can continue to fight out its patent infringement cases in the Texan court that originally ruled in favour of the Australian body against Buffalo companies.

Last month, IDM reported that the CSIRO had passed its first major hurdle in a series of patent cases brought against it by the likes of Microsoft, Intel, Dell, HP and Netgear. In defending its Wireless Local Area Network patent, granted in 1996, the CSIRO had its first victory when the US Federal Court in Texas, favoured the patent’s validity and acknowledged Buffalo Technology’s infringement.

A federal court in California has now ruled that the Texas court, now familiar with the CSIRO’s patent infringement claims, will determine all future patent cases brought against the CSIRO.

“CSIRO welcomes the decision and look forward to the matter being dealt with in the Eastern District of Texas,” says Geoff Garrett, chief executive for the CSIRO.

The legal proceedings commenced last year when Microsoft, Intel, Dell, HP and Netgear asked the court to declare the CSIRO’s US WLAN patent invalid. While the group of companies attempted to sue the CSIRO, the Australia body chased what it calls a ‘reasonable royalty’ for the use of its WLAN patented invention.

The Buffalo case will be heard in front of jury early next year to determine the issue of damages.

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