April 7, 2009

Publishers across country snicker behind their hands as e-reader patent holder sues Amazon — for royalties

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Seventeen years ago, Discovery Communications founder and chairman John Hendricks “filed for a patent on what he called the Everybook,” for “electronic book security and copyright protection system,” which he was finally granted in 2007 — the same year, as it turns out, that the first Kindle was released, and soon after Sony introduced its e-reader. What’s more, says Alex Ben Block in a story for The Hollywood Reporter, Hendricks’ Everybook “now appears to be quite similar to the Amazon Kindle and the Sony Reader.” Which is why, as per an earlier MobyLives report, “Discovery has sued Amazon, alleging patent infringement.”

Now, says Block, “The back story related to Discovery’s book-reading device would make for a page-turner in its own right.” He tells the tale of Hendricks, a visionary at pay-on-demand TV, and his keen foresight about the development of electronic readers. Particularly prescient: “The Discovery patent covers not only electronic book security but also the infrastructure needed to buy and download the content from a device.”

More interesting, though, are Block’s observations of Hendricks’ behavior in the suit against Amazon (he seems to be waiting to see what happens before suing Sony and others, too). For example: “It is notable that Discovery did not seek a temporary injunction to shut down soaring Kindle sales because it wants them to flourish.” Because not only is he suing them for triple damages plus costs — he wants an ongoing royalty based on sales.

The case awaits a hearing in a Delaware Federal court.

Dennis Johnson is the founder of MobyLives, and the co-founder and co-publisher of Melville House.

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