Forgent Networks
Encyclopedia
Asure Software is a software company which has licensing as its primary revenue source. Prior to September 13, 2007, the company was known as Forgent Networks. Critics claim Asure profits primarily as a patent troll
. It also has a software division, NetSimplicity, which specializes in room scheduling and fixed assets management
software.
Effective September 13, 2007, Forgent acquired iEmployee.
rights on the JPEG
image compression
standard , which is widely used on the World Wide Web
.
Critics claim that the legal principle of laches
, not asserting your rights in a timely manner, invalidates Forgents claims on the patent. Critics also noted the similarity to Unisys
' attempts to assert rights over the GIF
image compression standard via LZW patent enforcement. The JPEG committee responded to Forgent's claims, stating that it believes prior art exists that would invalidate Forgent's claims, and launched a search for prior art
evidence.
In April 2004, Forgent stated that 30 companies had already paid US$90 million in royalties. On April 23, lawsuits were filed against 31 companies, including Adobe Systems
, Apple Computer
and IBM
, for infringement of their patent. On September 26, 2005, Axis Communications
, one of the defendants, announced a settlement with Compression Labs Inc.; the terms were not disclosed. As of late October 2005, six companies were known to have licensed the patent from Forgent including Adobe, Macromedia
, Axis, Color Dreams, and Research In Motion
.
On May 25, 2006 the United States Patent and Trademark Office
rejected the broadest part of Forgent Networks claims, stating prior art
submitted by the Public Patent Foundation
invalidated those claims. PubPat's Executive Director, Dan Ravicher, says that the submitters knew about the prior art but failed to tell the USPTO about it. On August 11, 2006 Forgent Networks received notice from the NASDAQ
stock market
regarding non-compliance with the minimum bid price rule, which can lead to delisting, before coming back into compliance in January 2007.
The company issued a press release on November 1, 2006 stating that they settled their remaining claims against roughly 60 companies. It was reported that the settlement came to $8 million and was paid by, among other companies, Dell
, Hewlett-Packard
, IBM
, Microsoft
, and Sun Microsystems
.
Patent troll
Patent troll is a pejorative but questioned term used for a person or company who is a non-practicing inventor, and buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to...
. It also has a software division, NetSimplicity, which specializes in room scheduling and fixed assets management
Fixed assets management
Fixed assets management is an accounting process that seeks to track fixed assets for the purposes of financial accounting, preventive maintenance, and theft deterrence....
software.
Effective September 13, 2007, Forgent acquired iEmployee.
JPEG
In 2002, while known as Forgent, the company claimed that through its subsidiary, Compression Labs, it owned the patentSoftware patent
Software patent does not have a universally accepted definition. One definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a "patent on any performance of a computer realised by means of a computer program".In 2005, the European Patent Office...
rights on the JPEG
JPEG
In computing, JPEG . The degree of compression can be adjusted, allowing a selectable tradeoff between storage size and image quality. JPEG typically achieves 10:1 compression with little perceptible loss in image quality....
image compression
Image compression
The objective of image compression is to reduce irrelevance and redundancy of the image data in order to be able to store or transmit data in an efficient form.- Lossy and lossless compression :...
standard , which is widely used on the World Wide Web
World Wide Web
The World Wide Web is a system of interlinked hypertext documents accessed via the Internet...
.
Critics claim that the legal principle of laches
Laches (equity)
Laches is an "unreasonable delay pursuing a right or claim...in a way that prejudices the [opposing] party" When asserted in litigation, it is an equitable defense, or doctrine...
, not asserting your rights in a timely manner, invalidates Forgents claims on the patent. Critics also noted the similarity to Unisys
Unisys
Unisys Corporation , headquartered in Blue Bell, Pennsylvania, United States, and incorporated in Delaware, is a long established business whose core products now involves computing and networking.-History:...
' attempts to assert rights over the GIF
GIF
The Graphics Interchange Format is a bitmap image format that was introduced by CompuServe in 1987 and has since come into widespread usage on the World Wide Web due to its wide support and portability....
image compression standard via LZW patent enforcement. The JPEG committee responded to Forgent's claims, stating that it believes prior art exists that would invalidate Forgent's claims, and launched a search for prior art
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
evidence.
In April 2004, Forgent stated that 30 companies had already paid US$90 million in royalties. On April 23, lawsuits were filed against 31 companies, including Adobe Systems
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...
, Apple Computer
Apple Computer
Apple Inc. is an American multinational corporation that designs and markets consumer electronics, computer software, and personal computers. The company's best-known hardware products include the Macintosh line of computers, the iPod, the iPhone and the iPad...
and IBM
IBM
International Business Machines Corporation or IBM is an American multinational technology and consulting corporation headquartered in Armonk, New York, United States. IBM manufactures and sells computer hardware and software, and it offers infrastructure, hosting and consulting services in areas...
, for infringement of their patent. On September 26, 2005, Axis Communications
Axis Communications
Axis Communications AB is a Swedish manufacturer of network cameras for the physical security and video surveillance industries. It focuses on the vertical market segments transport, infrastructure, retail, banking, education, government and industrial....
, one of the defendants, announced a settlement with Compression Labs Inc.; the terms were not disclosed. As of late October 2005, six companies were known to have licensed the patent from Forgent including Adobe, Macromedia
Macromedia
Macromedia was an American graphics and web development software company headquartered in San Francisco, California that produced such products as Flash and Dreamweaver. Its rival, Adobe Systems, acquired Macromedia on December 3, 2005 and controls the line of Macromedia...
, Axis, Color Dreams, and Research In Motion
Research In Motion
Research In Motion Limited or RIM is a Canadian multinational telecommunications company headquartered in Waterloo, Ontario, Canada that designs, manufactures and markets wireless solutions for the worldwide mobile communications market...
.
On May 25, 2006 the United States Patent and Trademark Office
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
rejected the broadest part of Forgent Networks claims, stating prior art
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
submitted by the Public Patent Foundation
Public Patent Foundation
Public Patent Foundation, or PUBPAT, is a nonprofit organization that seeks to limit perceived abuse of the United States patent system. It was founded in 2003 by Dan Ravicher. , there was growing concern by many technology professionals over the number of patents granted that are either too...
invalidated those claims. PubPat's Executive Director, Dan Ravicher, says that the submitters knew about the prior art but failed to tell the USPTO about it. On August 11, 2006 Forgent Networks received notice from the NASDAQ
NASDAQ
The NASDAQ Stock Market, also known as the NASDAQ, is an American stock exchange. "NASDAQ" originally stood for "National Association of Securities Dealers Automated Quotations". It is the second-largest stock exchange by market capitalization in the world, after the New York Stock Exchange. As of...
stock market
Stock market
A stock market or equity market is a public entity for the trading of company stock and derivatives at an agreed price; these are securities listed on a stock exchange as well as those only traded privately.The size of the world stock market was estimated at about $36.6 trillion...
regarding non-compliance with the minimum bid price rule, which can lead to delisting, before coming back into compliance in January 2007.
The company issued a press release on November 1, 2006 stating that they settled their remaining claims against roughly 60 companies. It was reported that the settlement came to $8 million and was paid by, among other companies, Dell
Dell
Dell, Inc. is an American multinational information technology corporation based in 1 Dell Way, Round Rock, Texas, United States, that develops, sells and supports computers and related products and services. Bearing the name of its founder, Michael Dell, the company is one of the largest...
, Hewlett-Packard
Hewlett-Packard
Hewlett-Packard Company or HP is an American multinational information technology corporation headquartered in Palo Alto, California, USA that provides products, technologies, softwares, solutions and services to consumers, small- and medium-sized businesses and large enterprises, including...
, IBM
IBM
International Business Machines Corporation or IBM is an American multinational technology and consulting corporation headquartered in Armonk, New York, United States. IBM manufactures and sells computer hardware and software, and it offers infrastructure, hosting and consulting services in areas...
, Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
, and Sun Microsystems
Sun Microsystems
Sun Microsystems, Inc. was a company that sold :computers, computer components, :computer software, and :information technology services. Sun was founded on February 24, 1982...
.
Digital video recorders
Forgent Networks has stated it is now shifting its focus to , which relates to a computer controlled video system allowing playback during recording. This technology is very common in modern-day digital video recorders. While the patent was filed in 1991, the first litigation was initiated in 2005. On May 21, 2007, U.S. District Court of Eastern Texas ruled in favor of EchoStar Communications Corporation, on grounds that the patent is invalid.Asure Software
After Forgent Networks acquired iEmployee and subsequently changed its name to Asure Software, the website of the combined company no longer listed information related to the two patents - '672 and '746, compared to the old Forgent Networks website.Proxy Fight
In 2008, the company was the target of a proxy fight launched by Pinnacle Fund ("Pinnacle") and Red Oak Partners, managed by David Sandberg, who initially proposed a slate of 6 directors to replace the company's board. After a period of negotiations which included the unrelated resignation of one member of the board, a slate of 5 new directors was elected on August 28, 2009 to replace the previous board.External links
- Forgent Networks
- Forgent Related News Stories at The Data Compression News Blog