Windy City Innovations LLC has filed a complaint against America Online Inc. for alleged patent infringement for its use of the “group communications multiplexing system” patented in 1999.
AOL is using the system without license in its AOL Instant Messenger Version 5.5 software and AOL Version 9.0 software, according to the complaint filed June 24 with the U.S. District Court for the Northern District of Illinois, Eastern Division, Chicago.
“The complaint is without merit and we intend to vigorously contest it,” said AOL spokesman Jim Whitney.
The invention allows for communication of multimedia in real time over the Internet, and was created by Daniel Marks, who now serves as consultant for Windy City Innovations, Chicago.
“We hope for the court to rule that AOL is using the invention and we would seek an injunction because the whole purpose of the patent system is exclusivity,” said George McAndrews, attorney with McAndrews, Held and Malloy Ltd., Chicago.
Windy City is also seeking damages. "The patent statute (specifies) no less than a reasonable royalty for the period of time they have been infringing," McAndrews continued.
He added that the parties in such cases often "sit down and negotiate a license for future activity within the confines of the patent.”
