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Marvell Sues CSIRO Over Wireless Networking Patent (Update1)

By Jeff St.Onge

May 10 (Bloomberg) -- Marvell Technology Group Inc. sued Australia's science agency, seeking a U.S. court ruling that the company and its customers don't infringe the agency's patent covering wireless computer-networking.

Marvell, which makes computer chips used in Apple Inc.'s iPod, filed a complaint against Australia's Commonwealth Scientific and Industrial Research Organisation, or CSIRO, May 4 in federal court in Tyler, Texas. CSIRO's patent covers the so- called 802.11 wireless local-area network standard, which lets computers talk to each other at high speed without cables.

``There is an actual and substantial controversy of sufficient immediacy and reality between Marvell and CSIRO which is ripe for determination,'' Marvell, based in Hamilton, Bermuda, said in court papers.

Marvell's suit is the latest round in a larger legal battle between CSIRO and some of the world's biggest technology companies. Microsoft Corp., Intel Corp. and others also have challenged CSIRO's patent in a bid to avoid paying royalties.

Intel and Microsoft were joined in the CSIRO suit by Apple, Dell Inc., Hewlett-Packard Co. and Netgear Inc. They've asked for a ruling that the 1996 patent doesn't cover any aspect of the 802.11a and 802.11g networking standards or is invalid.

Marvell also asked the court to invalidate the patent or order CSIRO to license its technology on fair and reasonable terms. The company said it sued because it has to reimburse several undisclosed customers for any liability they might incur as a result of CSIRO's suit.

``Marvell is the manufacturer of the products that are at the heart of CSIRO's patent infringement claims against Marvell's customers,'' Marvell said in court papers.

CSIRO Suits

CSIRO, the largest employer of scientists in Australia, is pursuing royalties from makers of computers, networking equipment and software. It sued nine companies in December, including D- Link Systems Inc., Belkin Corp., SMC Networks, Inc., 3Com Corp., Toshiba Corp. and Fujitsu Ltd., claiming they're using the Wireless LAN invention without permission.

``We are aware of the action and the CSIRO is investigating the matter further,'' Jamie Nicholson, a spokesman for the agency, said from Canberra Australia.

A U.S. judge in Texas in November upheld CSIRO's patent and said it was infringed by Japan's Buffalo Inc. U.S. District Judge Leonard Davis in Tyler, Texas, said on Nov. 13 that the disputed patent is valid and that Buffalo's networking products use the patented technology without permission.

The case is Marvell Semiconductor Inc. v. Commonwealth Scientific and Industrial Research Organisation, 6:07cv204, in U.S. District Court for the Eastern District of Texas (Tyler).

To contact the reporter on this story: Jeff St.Onge in Washington jstonge@bloomberg.net.

Last Updated: May 10, 2007 20:05 EDT

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