911 Tech Is Subject of ‘Predatory’ Patent Lawsuits

Critical technology supporting the nation’s E911 networks has become the subject of “predatory” patent lawsuits, creating roadblocks to the continued development of Next Generation 911 (NG911) services, according to one company that provides services to public safety. These lawsuits could force companies to abandon their current E911 services or stall future projects, creating delays or loss of communications for people in jeopardy. Those claims were contained in a petition filed with the Federal Communications Commission (FCC) last year by TeleCommunications Systems Inc. (TCS). The petition asked the commission to provide some measure of lawsuit protection for E911 companies so the development of new technologies can continue. Alternatively, TCS asked the FCC to establish reasonable terms for companies to license E911 patents. The lawsuits have been filed over the last five years against cellular handset manufacturers, and focus on geo-locating features that transmit a 911 caller’s location to a public safety answering point (PSAP).

In its filing with the Commission last June, TCS warned, “The public may suffer disruption of current E911 service, and faces the real potential for delay or loss of NG911 services, due to the repeated infringement lawsuits filed primarily by patent assertion entities.”

So-called “predatory” patent lawsuits have been common in other industries for decades. However, with America’s increased reliance on technology, the practice has mushroomed and lately touched public safety communications. The lawsuits originate from companies created for the sole purpose of obtaining patent rights from the original technology creator. The companies then comb current technologies for alleged infringements and then demand large licensing payments from any perceived violators.

In this case, TCS is asking the FCC to declare that government-mandated E911 technology falls under the provision of certain U.S. laws that relieve third-party companies from patent infringement liability. In this case, the government requires wireless carriers to provide E911 location technologies for 911 callers.

The FCC issued a call last week for public comments on the TCS petition.

Download (pdf) the TCS filing and the FCC’s request for comments here. Also download (pdf) three of the patent lawsuits that TCS mentioned in their filing with the FCC. Lastly, examine (pdf) the patent descriptions at issue as filed with the U.S. Patent and Trademark Office.