A "company" which just so happens to be located in every patent troll's favorite city for patent lawsuits,
Marshall, Texas (and which "shares" an office with its lawyer), is now claiming a patent on the very concept of an MP3 player and
is suing Apple, SanDisk and Samsung for not paying up. The details behind the patent are a little sketchy. The company is named Texas MP3 Technologies, but the only place where that company's name appears in a Google search is on a
patent application (not a granted patent) that was published the day before the lawsuits were filed (suggesting the company didn't waste much time in heading to court). However, the application itself is a continuation of two previous patents, one of which was issued
last summer. However, that patent was issued to SigmaTel, in Austin. The
earlier patent was issued in 2003, to a company called MPMan, though they all list the same inventors.
Even if you go back to the earliest date, it seems fairly ridiculous that there's a patent on the overall concept of the MP3 player -- and the fact that this patent seems to involve a series of continuation filings, a trick used by folks like
Jerome Lemelson to extend the scope of old patents to cover new technologies, doesn't help this seem any more legitimate. The latest application has added a bunch of claims to the original patent, though, it's still in application stage and those claims may very well be thrown out. Overall, while we hate to use the term "patent troll," all of the initial evidence suggests this is a classic case of patent trolling. Some random inventor, who hasn't brought the product in question to market, is claiming (and continually adjusting) a very broad patent on a basic concept, and then suing all the companies who are actually successfully bringing such a product to market. This is creating incentives for innovation?