http://www.out-law.com/page-7623

Google, Apple and Napster are being sued over their online video businesses
by a company that stopped offering internet video years ago. Intertainer
holds a patent that it says is being infringed by some of the tech world's
biggest names.

The company now only consists of two people, according to press reports, but
it will seek to assert its patent rights in a Texas court after filing an
action on 29th December. It had applied for a patent covering internet video
distribution, and that was awarded in 2005.

Intertainer was founded in 1996 to distribute films over the internet and
won investment from Sony, Microsoft and Intel. It stopped that business in
2002.

The company holds nine patents, and the current action is based on US patent
number 6,925,469, which covers the distribution and management of digital
media files.

Intertainer is seeking an injuction and unspecified damages from the three
companies and it is thought likely that it will pursue further suits if this
one is successful. Intertainer founder Jonathan Taplin told the New York
Times that the company would now begin a patent licensing business.

"Intertainer was the leader of the idea of entertainment on demand over
internet platforms before Google was even thought up," he said.

The choice of a Texas court is likely to have been influenced by the
reputation that some Texas courts have for handing out patent-related
judgments favourable to patent holders.

Intertainer did not file the application for the patent in question until
2001, five years after the company was founded and after some companies were
already offering video and audio material for download. That delay in filing
could complicate the company's claims.

Google owns YouTube, which leads the world in internet video. The site
offers short clips of often amateur-produced content for viewing on
computers and was bought by Google for shares worth $1.65 billion last
autumn.

Apple owns and operates iTunes, the world's biggest legal music download
service which is also moving into the business of selling video downloads.

See: US Patent No. 6,925,469
http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F6925469

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