It's a tough world, the IP world that is. Every Tom, Dick and Harry is going to market with an IP product, whether it is an integration with current IP Platforms or an out-of-the-box solution. You have to be very careful or you could end up in the middle of a lawsuit trying to protect "your" applications and features. Lets face it, every major IP Product out there provide roughly the same robust features, they just all have a different name and the operate differently. Take Nortel's call centre solution - Symposium versuses Mitel's 6110 Contact Centre Solution. Both feature rich with enough bells and whistles that can even make Bill Gates do back-flips. Are they both the same or are they different? What is your opinion? Being the leader does Mitel have the right to make a fuss over what ShoreTel has done? In the next few paragraphs, Mitel is suing ShoreTel over some very basic IP Telephony operations.
In the suit, Mitel alleges that ShorTel has infringed upon four separate patents owned by Mitel. The four U.S. patents included in the filing are:
In the suit, Mitel alleges that ShorTel has infringed upon four separate patents owned by Mitel. The four U.S. patents included in the filing are:
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- #5,940,834 — “Automatic Web page generator,” which involves the automatic on-demand creation of an organizational company directory in and Internet or Intranet environment. It also refers to an interface to the company PBX which then provides access PBX (News - Alert) functionality directly from the directory.
- #5,703,942 — “Portable telephone user profiles using central computer” refers to the creation and application of user profiles and storage of those profile in a database, which can then be used to control access to applications and functions of users on the system.
- #5,541,983 — “Automatic telephone feature selector” allows for the ability of users to select and activate endpoint features from various locations on or off premises, including identifying whether they are “in” or “out,” along with applying specified profiles associated with their status.
- #5,657,446 — “Local area communications server” refers to the specific process by which a telephony system controls communications within the network’s infrastructure, servers, and endpoint devices.
While the filing is does not specifically describe specific implementations these patents affect, it is evident that they impact a several features that are part of a unified communications solution set.
“Mitel has invested significant resources into intellectual property in support of its communications innovations, and we intend to assert our rights against those that infringe that intellectual property,” said Christian Szpilfogel, Office of the CTO, Mitel, in a statement.
In its filing, Mitel asserts that ShoreTel is in violation of these patents each time it sells or markets IP phone systems like its ShoreTel 6 system. At this point, the question is not only whether ShoreTel actually violated these Mitel patents, but also how the timing of the filing will affect both companies. It certainly is no coincidence that Mitel filed papers and released an announcement late on the day before ShoreTel was due to begin trading, though Mitel is not commenting on the action other than to send a copy of the complaint, which merely outlines the parties involved and the patents involved. ShoreTel did not respond to requests for comment. The suspicious timing of both the lawsuit and the ShoreTel IPO also coincide with the vote by Inter-Tel (News - Alert) shareholders’ vote tomorrow on the proposed merger between Mitel and Inter-Tel. It is also unlikely that the timing of the IPO was arbitrary, and we’ll see tomorrow what, if any, impact these events have on the vote. Earlier this week, an independent proxy advisory firm recommended that Inter-Tel shareholders vote in favor of the Mitel merger. It will be some time before the patent suit is resolved, but what the timing of the events of the past two days, and the suit itself, highlight is the incredible competition that pervades the communications space today. With giants like proprietary solutions vendors, like Cisco, Microsoft, and others, and open source alternatives like Fonality ( News - Alert) and Sangoma carving out more territory for themselves. Though the SMB market, in particular, is large, a growing number of companies are offering solutions to support the space, creating increased pressure on the “incumbents” in the space. Now that Microsoft has embedded itself in the unified communications space, and Cisco has announced new products specifically targeting the SMB space, companies like Mitel, ShoreTel, and Inter-Tel, among others, will find themselves competing against players it has typically not had to contend with previously. This action by Mitel may only be the beginning as companies fight for market share.
Source: TMC.net
Source: TMC.net
