Company claims patent on mobile texts

Since 2008, inventor Richard J. Helferich's company has filed 23 suits over his patent on sending text messages with Web links to mobile phones.
(AP Photo)

The New York Times Co. is girding for a legal battle that many larger organizations have avoided.

The Times is leading the defense of a diverse group of companies that use technology they assumed was free: sending text messages with Web links to mobile phones.

The technology was patented by inventor Richard J. Helferich, who filed an outline of how such a system would work with the U.S. Patent and Trademark Office in September 1997. He was granted several patents on the method, giving him the right to sue companies that use it without permission.

Since 2008, his company, Helferich Patent Licensing,Co. in July 2010; Bravo, G4 and CBS in October 2011 and J.C. Penney in December 2011.

The technology in dispute has become a key part of the companies' marketing campaigns. CBS texts followers to prompt them to visit its website for exclusive pictures and video to shows such as "Big Brother." Bravo sends messages to viewers' mobile phones to get them to participate in live online chats and polls. J.C. Penney lets shoppers with mobile phones know about sweepstakes and giveaways.

Although the lawsuits were filed separately, the defendants are saving money by sharing strategies and resources instead of fighting the lawsuits on their own. The lawsuit against the Times is scheduled to go through at least the middle of next year.

Some see the case as highlighting the need