Adaptix shows WiMAX patents hand with Clearwire suit
Published: 22 December, 2008
The moment when a promising technology moves into the commercial mainstream is when we traditionally see the patent claimants coming out of the woodwork, and WiMAX is no exception. While the major IPR holders like Samsung and Intel are working on initiatives such as patent pools to ensure that royalties costs remain low and adopters are not nervous about 'patents shock', smaller companies may see a chance to boost their revenues. Adaptix is the latest to stake its claim, filing a patent infringement suit against Clearwire and its largest shareholder Sprint Nextel.
The small firm, which was an early developer of 802.16e base stations - but has not gained real commercial traction - says Clearwire, and the Sprint Xohm operation (now merged into it), are infringing its patents by "offering WiMAX services to customers" in compliance 802.16 standards. It makes six complaints related to the OFDM technology that underpins WiMAX (and LTE - some IPR claimants may use WiMAX as a testing ground for similar moves in the newer standard).
Adaptix filed its complaint with the Texas Eastern District Court early this month and is looking for unspecified damages, saying that the old and new Clearwire entities and Sprint are breaching IPR by "offering WiMAX ('Xohm' or 'Clear') services to customers in compliance with the 802.16 and 802.16e WiMAX standards, and by making, using and/or selling the supporting WiMAX network used to provide such WiMAX services", as the filing puts it.
Adaptix has been awarded several patents in the US and abroad over the past few years, and may be looking to build a business around its IPR now that it is facing major competitors in base stations. This is a pattern that has been seen in many wireless markets, including WiMAX - Wi-Lan was an early WiMAX systems developer that now relies entirely on patents revenues, for instance. Adaptix specific claims are likely to relate to the platform it originally called 'OFDM/TDD', which has a particular method of assigning sub-channels to users dynamically in time. Adaptix has stated before that its patents relate to OFDMA-based fixed and mobile systems that "may include, but are not limited to, Mobile WiMAX, LTE, Next Generation PHS and UltraMobile Broadband". Its main differentiation in the real market has been to develop a migration path for operators of the PHS mobile service in Japan and China, towards Mobile WiMAX data.
The aggressive stance of going to court at an early stage, and the timing, suggests Adaptix will wait until large carriers unleash actual services before showing its IPR hand - just the behavior larger WiMAX players are trying to avoid by encouraging vendors to declare IPR claims upfront.
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