Australia's Commonwealth Scientific and Industrial Research Organisation (CSIRO) has come one step closer to defending its patent relating to several Wi-Fi standards, with defendant Buffalo Technology losing a US appeal on the matter.
The decision, announced late last week, marks another chapter in a long history of legal battles over the patents. CSIRO was awarded the patents in 1996, which it claims relate to technologies used in several IEEE wireless standards, including the 802.11 standards commonly used in wireless networking.
In February 2005 the research agency lodged a suit against device manufacturer Buffalo Technology in the Eastern District of Texas Court for alleged patent violation as a test case for its patents. In November 2006, CSIRO had the claim upheld.
Buffalo subsequently appealed in 2007, with the US Eastern District of Texas Court announcing on Friday that Buffalo had lost the appeal.
Dr Geoff Garrett, chief executive of CSIRO, said in a statement that the the group welcomed "the support given to its case by the Court of Appeals... The decision gives us every confidence to move forward".
In contrast, in 2007 Buffalo's appeal to the Japanese Patent Office (JPO) resulted in an invalidation of CSIRO's patent. CSIRO is also engaged in an ongoing legal battle with industry giants, Microsoft, Dell, HP, Intel, Apple and Netgear over the patents.
The court of appeals affirmed 3 of 4 issues and sent validity in light of obviousness back to Judge Davis.
Look for a motion to lift or at least temporarily stay the injunction against Buffalo real soon now.