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An automation system and process of operating an automation system in a Web Service environment, includes providing at least one client and at least one device, the at least one client and the at least one device configured with a web services for devices stack protocol, connecting a network includes at least one server with the web services for devices to the at least one client and the at least one device, and transmitting automation-based control and communication between the at least one client and at least one device, wherein the at least one client comprises one of a touch screen display and a handheld controller and the at least one device comprises an audio system, a video system, an intercom system, a lighting system, a security system, a link, and a HVAC system.
This application claims priority to and the benefit of: Provisional Patent Application No. 60/782,734, file on Mar. 16, 2006, entitled AUTOMATION CONTROL SYSTEM HAVING A CONFIGURATION TOOL AND TWO-WAY ETHERNET COMMUNICATION FOR WEB SERVICE MESSAGING, DISCOVERY, DESCRIPTIONS, AND EVENTING THAT IS CONTROLLABLE WITH A TOUCH-SCREEN DISPLAY, to Seale MOORER et al.; Provisional Patent Application No. 60/782,596 filed on Mar. 16, 2006, entitled AUTOMATION CONTROL SYSTEM HAVING DIGITAL MEDIA STREAMING, to Seale MOORER et al., Provisional Patent Application No. 60/782,598 filed on Mar. 16, 2006, entitled AUTOMATION CONTROL SYSTEM HAVING DIGITAL LOGGING, to Seale MOORER et al., Provisional Patent Application No. 60/782,635 filed on Mar. 16, 2006, entitled AUTOMATION CONTROL SYSTEM HAVING A CONTROL PANEL, to Seale MOORER et al.; Provisional Patent Application No. 60/782,599 filed on Mar. 16, 2006, entitled AUTOMATION CONTROL SYSTEM HAVING A CONFIGURATION TOOL, to Seale MOORER et al., Provisional Patent Application No. 60/782,600 filed on Mar. 16, 2006, entitled AUTOMATION CONTROL SYSTEM HAVING DEVICE SCRIPTING, to Seale MOORER et al.; Provisional Patent Application No. 60/782,634 filed on Mar. 16, 2006, entitled DEVICE AUTOMATION USING NETWORKED DEVICE CONTROL HAVING A WEB SERVICES FOR DEVICE STACK, to Seale MOORER et al.; Provisional Patent Application No. 60/782,595 filed on Mar. 16, 2006, entitled WIRELESS DIGITAL AMPLIFIER CONFIGURED FOR WALL MOUNTING, SHELF MOUNTING, AND THE LIKE, to Seale MOORER et al., Provisional Patent Application No. 60/785,275 filed on Mar. 24, 2006, entitled AUTOMATION SYSTEM, to Seale MOORER et al.; Provisional Patent Application No. 60/793,257 filed on Apr. 20, 2006, entitled TOUCH SCREEN FOR USE WITH AUTOMATION SYSTEMS, to Seale MOORER et al.; Provisional Patent Application No. 60/747,726 filed on May 19, 2006, entitled COOLING DEVICE FOR A TOUCH SCREEN AND THE LIKE, to Seale MOORER et al.; Provisional Patent Application No. 60/746,287 filed on May 3, 2006, entitled HOME AUTOMATION SYSTEM AND THE LIKE, to Seale MOORER et al.; Provisional Patent Application No. 60/786,119 filed on Mar. 27, 2006, entitled HOME AUTOMATION PROGRAM CODE FOR SET TOP BOX OR SIMILAR CIRCUIT, to Steve CASHMAN; and Provisional Patent Application No. 60/857,774 filed Nov. 9, 2006, entitled PORTABLE MULTI-FUNCTIONAL MEDIA DEVICE, to Seale MOORER et al., all of which are hereby expressly incorporated by reference for all purposes as if fully set forth herein. Further, this application is related to the following U.S. patent applications: U.S. patent application Ser. No. 11/686,826, entitled NETWORK BASED DIGITAL ACCESS POINT DEVICE, filed Mar. 5, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2047672-5013US; U.S. patent application Ser. No. 11/686,836, entitled INTERNET PROTOCOL BASED MEDIA STREAMING SOLUTION, filed Mar. 15, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2047672-5014US; U.S. patent application Ser. No. 11/686,884, entitled AUTOMATION CONTROL SYSTEM HAVING DIGITAL LOGGING, filed Mar. 15, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2047672-5018US: U.S. patent application Ser. No. 11/686,893, entitled USER CONTROL INTERFACE FOR CONVERGENCE AND AUTOMATION SYSTEM, filed Mar. 15, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2046762-5109US; U.S. patent application Ser. No. 11/686,846, entitled DEVICE AUTOMATION USING NETWORKED DEVICE CONTROL HAVING A WEB SERVICES FOR DEVICES STACK, filed Mar. 15, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2047672-5020US; U.S. patent application Ser. No. 11/686,875, entitled AUTOMATION CONTROL SYSTEM HAVING A CONFIGURATION TOOL, filed Mar. 15, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2047672-5022US; and U.S. patent Application No. 11/686,889, entitled AUTOMATION CONTROL SYSTEM HAVING DEVICE SCRIPTING, filed Mar. 15, 2007, to Seale Moorer, et al., having Attorney Docket No.: 2047672-5023US; which are all hereby expressly incorporated by reference for all purposes as if fully set forth herein.
The invention is directed to multiple device control and convergence, and more particularly to multiple device addressing, discovery, description, control, eventing, and convergence in a Web Service environment, and control through an input device.
Household, academic and/or business spaces now more commonly have more than one audio or video device such as CD/DVD player, portable MP3 player, tuner, preamp, power amp, speakers, VCR, DVR, computers running media players or connected to some other source of audio or video (e.g., Internet radio, satellite radio and the like), etc. Typically, a CD/DVD player from one company comes with its own remote control and an amplifier by an entirely different company comes with its own remote control. The same space may have a PC with its keyboard and mouse, and yet another company's portable MP3 player with its own control switches. While each audio device is doing precisely what it was designed to do, each operates completely independent from the others with the possible exception of the portable MP3 player that may be connected to a PC for synchronization. As a result, a user ends up going from one keypad to another or juggling a series of remote controls in order to control the devices.
Since these audio/video and similar devices are not designed to communicate with each other or their communication is very limited, access to these audio/video devices is limited by their physical locations. For example, it is difficult to play an MP3 file saved in a PC hard disk drive in one room or area (a child's bedroom) on speakers located in another room or area (an entertainment room). Thus, in order for a user to enjoy music of his or her choice whenever and wherever he or she wants, each room needs to be equipped with all the necessary audio/video equipment and digital audio/video content.
Also, the audio/video devices are not designed to communicate with other devices (e.g., TV, lighting, security system, etc.). Thus, it is difficult, if not impossible, to converge the devices for common control for certain occasions. For example, in order to watch a movie, the user must turn on a TV, a DVD player and an audio amplifier by using three different remote controls. Then the user must set the TV to receive a video signal from the DVD player, set the audio amplifier to receive an audio signal from the DVD player and use another control unit to adjust the lighting of the room. Even when a user utilizes a universal remote, as is known in the art, the result is a plurality of devices that are separately operated and are operated separately from a single universal remote. These devices do not converge as described above because the devices lack any ability to easily connect and effectively communicate with each other, and be controlled by a single input device.
Accordingly, there is a need for a solution for the aforementioned accessibility, connectability and convergence issues to allow devices to connect, communicate and be controlled.
The invention meets the foregoing needs using an automation specific IP based automation protocol, which results in a significant increase in discovery and communications between devices along with an IP based input device and other advantages apparent from the discussion herein.
Accordingly, in one aspect of the invention, a process of operating an automation system in a Web Service environment includes the steps of providing at least one client and at least one device, the at least one client and the at least one device configured with a web services for devices stack protocol, connecting a network includes at least one server with the web services for devices to the at least one client and the at least one device, and transmitting automation-based control and communication between the at least one client and at least one device, wherein the at least one client comprises one of a touch screen display and a handheld controller and the at least one device comprises an audio system, a video system, an intercom system, a lighting system, a security system, a link, and a HVAC system.
One of the touch screen display and the handheld controller may include at least one of a LCD display, processor, wireless interface, wired interface, IR interface, audio system, inputs, support base, and knob. The at least one client further may include one of a TV, a personal computer, a personal digital assistant, and a game controller. The web services for devices stack protocol may include a services tier that provides communication via at least one of HTTP and UDP wherein the communication via HTTP and UDP may include information contained in SOAP packets, and a logical interface with the at least one client, and the web services for devices stack protocol may include a web service for each at least one device. The web services for devices stack protocol may include a service provider configured as a generic host for web services. The web services for devices stack protocol further may include one of a component configured to host multiple services, and a controller configured to communicate with the at least one device and wherein the web services for devices stack protocol further may include a device bridge configured to translate commands for the devices. The controller may be configured to send feedback from the at least one device to the at least one client. The web services for devices stack protocol configured to communicate with the at least one device in a native format and the native format may include at least one of HTTP, TCP, UDP, and serial protocols. The web services for devices protocol may be configured to discover the at least one client and the discovery may include one of multicast announcements, multicast query requests, and unicast responses. The web services for devices protocol may be configured for description and the description may include at least one of WS-Metadata exchange, web services description language, and simple object access protocol/XML protocol. The web services for devices protocol may be configured for eventing and wherein the eventing may include at least one of web services description language for detailed events, a configuration for client subscription to events, and a configuration for the at least one device to push events to the at least one client.
Accordingly, in another aspect of the invention, a machine-readable medium includes instructions stored therewith, which, when executed by a processor cause the processor to establish an automation system in a Web Service environment, the machine-reachable medium includes instructions for providing automation-based control and communication between at least one client and at least one device, the at least one client and the at least one device configured with a web services for devices stack protocol configured to the at least one client and at least one device, and instructions for configuring a network includes at least one server to be connected to the at least one client and the at least one device with the web services for devices, wherein the at least one client may include one of a touch screen display and a handheld controller and the at least one device may include an audio system, a video system, an intercom system, a lighting system, a security system, a link, and a HVAC system.
One of the touch screen display and the handheld controller may include at least one of a LCD display, processor, wireless interface, wired interface, IR interface, audio system, inputs, support base, and knob. The at least one client further may include one of a TV, a personal computer, a personal digital assistant, and a game controller. The web services for devices stack protocol may include a services tier that provides communication via at least one of HTTP and UDP wherein the communication via HTTP and UDP comprises information contained in SOAP packets, and a logical interface with the at least one client, and the web services for devices stack protocol comprises a web service for each at least one device. The web services for devices stack protocol further may include a device bridge configured to translate commands for the devices, and a service provider configured as a generic host for web services. The web services for devices stack protocol further may include a component configured to host multiple services, and a controller configured to communicate with the at least one device. The controller may be configured to send feedback from the at least one device to the at least one client. The web services for devices stack protocol may be configured to communicate with the at least one device in a native format and the native format may include at least one of HTTP, TCP, UDP, and serial protocols. The web services for devices protocol may be configured to discover the at least one client and the discovery may include one of multicast announcements, multicast query requests, and unicast responses. The web services for devices protocol may be configured for description and the description may include at least one of WS-Metadata exchange, web services description language, and simple object access protocol/XML protocol. The web services for devices protocol may be configured for eventing and wherein the eventing may include at least one of web services description language for detailed events, a configuration for client subscription to events, and a configuration for the at least one device to push events to the at least one client.
Accordingly, in yet another aspect of the invention, an automation system operating in a Web Service for Devices environment includes at least one client and at least one device, the at least one client and the at least one device configured with a web services for devices stack protocol configured to provide automation-based control and communication between the at least one client and at least one device, and a network includes at least one server configured to be connected to the at least one client and the at least one device with the web services for devices, wherein the at least one client may include one of a touch screen display and a handheld controller and the at least one device may include an audio system, a video system, an intercom system, a lighting system, a security system, a link, and a HVAC system.
One of the touch screen display and the handheld controller may include at least one of a LCD display, processor, wireless interface, wired interface, IR interface, audio system, inputs, support base, and knob. The at least one client further may include one of a TV, a personal computer, a personal digital assistant, and a game controller. The a web services for devices stack protocol may include a services tier that provides communication via at least one of HTTP and UDP wherein the communication via HTTP and UDP may include information contained in SOAP packets, and a logical interface with the at least one client, and the web services for devices stack protocol may include a web service for each at least one device, and a service provider configured as a generic host for web services. The web services for devices stack protocol further may include a device bridge configured to translate commands for the devices, and a service provider configured as a generic host for web services. The web services for devices stack protocol further may include a component configured to host multiple services, and a controller configured to communicate with the at least one device.
The controller may be configured to send feedback from the at least one device to the at least one client. The web services for devices stack protocol may be configured to communicate with the at least one device in a native format and the native format may include at least one of HTTP, TCP, UDP, and serial protocols. The web services for devices protocol may be configured to discover the at least one client and the discovery may include one of multicast announcements, multicast query requests, and unicast responses. The web services for devices protocol may be configured for description and the description may include at least one of WS-Metadata exchange, web services description language, and simple object access protocol/XML protocol. The web services for devices protocol may be configured for eventing and wherein the eventing may include at least one of web services description language for detailed events, a configuration for client subscription to events, and a configuration for the at least one device to push events to the at least one client.
Additional features of the invention may be set forth or apparent from consideration of the following detailed description, drawings, and claims. Moreover, it is to be understood that both the foregoing summary of the invention and the following detailed description are exemplary and intended to provide further explanation without limiting the scope of the invention as claimed.
FIG. 10 shows a link module constructed according to the principles of the invention.
The embodiments of the invention and the various features and advantageous detail thereof are explained more fully with reference to the non-limiting embodiments and examples that are described and/or illustrated in the accompanying drawings and detailed in the following description. It should be noted that the features illustrated in the drawings are not necessarily drawn to scale, and features of one embodiment may be employed with other embodiments as the skilled artisan would recognize, even if not explicitly stated herein. Descriptions of well-known components and processing techniques may be omitted so as to not unnecessarily obscure the embodiments of the invention. The examples used herein are intended merely to facilitate an understanding of ways in which the invention may be practiced and to further enable those of skill in the art to practice the embodiments of the invention. Accordingly, the examples and embodiments herein should not be construed as limiting the scope of the invention, which is defined solely by the appended claims and applicable law. Moreover, it is noted that like reference numerals represent similar parts throughout the several views of the drawings.
FIG. 1 schematically shows an overview of a convergence solution according to an embodiment of the invention. The convergence solution may be a combination of hardware and software. The hardware may include a server 10 connected to a network 12 (e.g. IP based wired or wireless such as Ethernet network) and may possibly be connected to the internet 14, devices 102 (e.g. audio 20, video 22, intercom 24, lighting 26, security system 28, HVAC 38, and the like) and clients 104 (e.g. TV 30, personal computer (PC) 32, personal digital assistance (PDA) 34, controller 36 such as a control panel, game controller (i.e. X-Box™, not shown) and the like). Moreover, the clients 104 may include a remote control 39 or a remote control may be configured to be a client 104. The server 10 may be any type of computer, such as a PC connected to the network 12. The clients 104 such as clients 30, 32, 34, 36 may provide a user with control over the devices 102 such as devices 20, 22, 24, 26, 28, 38.
FIG. 1 further schematically shows interaction of the convergence a solution interacting with non-internet protocol devices such as non-internet protocol devices 52, 56. Non-internet protocol device 52 (non-IP) device is considered non-internet protocol in that it does not include a communications interface that is IP based. The non-IP device 52 may include other types of (serial, COM port, and the like) communication protocols. Accordingly, the server 10 may be configured to include various inputs and outputs to provide communication and control to various devices such as non-IP device 52. Non-IP device 52 may be implemented as any number of different devices including, for example only, window shade automation devices, audio devices, video devices and so on.
FIG. 1 further shows implementation of the convergence solution that may communicate with a non-IP device such as the non-IP device 56 that not arranged proximate to server 10. In order to accomplish communication between the non-IP device 56 and the network 12, a link or conversion module 54 may be arranged in communication with the network 12. As described in further detail below, the conversion module 54 connects to the network with an Ethernet type connection that provides internet protocol communications with the network 12. The conversion module 54 further provides a second type of communication connection as shown by 58 that may be any type of communication protocol as noted above with respect to communication protocol 60. Accordingly the non-IP device 56 may then communicate via network 12 and operate as a web service device accordingly.
The software (i.e., application) enables the hardware such as the server 10, devices 102, and clients 104 to communicate with each other despite their different proprietary languages and communication protocols, and may provide the user with control over most or all the hardware from a single client. The application may utilize at least one portion of the hardware to send commands to the devices 102 and receive feedback from them. The application may integrate centralized device control into a PC based media environment (e.g., Microsoft Media Center™ environment) that may store, organize and play digital media content. The user may use the same remote control 39 to listen to music, watch and record television, enjoy family photographs and home movies, as well as adjust the lighting, secure the home, adjust the temperature, distribute music throughout the house, check surveillance cameras and the like.
Alternatively or additionally, if the server 10 or the PC 32 is running a SideShow™ enabled operating system such as Microsoft Windows Vista™, the devices may be configured as a SideShow™ device or “gadget.” A SideShow™ device or gadget may communicate with any client or device implemented with WSD in the network via protocols according to SideShow™ XML communication specifications. Moreover, the server 10 or the PC 32 using Microsoft Windows Vista™ may be running a SideShow™ gadget application running on the Microsoft Windows Vista™ computer providing a user interface rendering for the device that communicate with automation control devices via WSD technology.
Alternatively or additionally, the WSD technology may be implemented using Device Profile for Web Services (DPWS). The DPWS may be used to define how various devices may be able to use Web Services in conjunction with the convergence solution noted above. The DPWS further may allow and/or ensure interoperability between the various devices 102 and the clients 104 and the like. Moreover, the DPWS may allow for support of resource constrained devices within the convergence solution shown in FIG. 1. One benefit of DPWS is its ability to enable device and service discovery within the convergence solution of FIG. 1. The DPWS may allow for and support rich eventing, an end point, and may be built on standards and WS specifications. More specifically, the end point may provide device/host metadata. Additionally, the DPWS specifications may include HTTP, WSDL, SOAP, WS-Discovery, WS-Addressing, WS-Eventing, WS-metadata, transfer, and the like.
FIG. 2 schematically shows the Web Services for Devices (WSD) Stack for use in the convergence solution of FIG. 1, constructed according to the principles in the invention. The WSD stack as referenced herein refers to the protocol architecture. In particular, FIG. 2 shows the WSD Stack 200. The WSD stack 200 of the invention is a particular automation software implementation of a Web Services computer networking protocol suite. The individual protocols are designed with a single purpose in mind. Because each protocol module may only communicate with two others, the modules are commonly imagined as layers in a stack of protocols. The lowest protocol always deals with “low-level,” physical interaction of the hardware. Every higher layer adds more features. As described in greater detail below, the WSD stack 200 allows and enables the discovery of devices in a network, such as the convergence solution of FIG. 1 and the devices on the network in a light weight, simple fashion. Using the WSD Stack 200, a device 102 in the network is able to send a message to determine what services are available enabling discovery of the device 102.
The WSD Stack 200 is the software that may be used to process protocols. The WSD Stack 200 is required to use a specific set of protocols. In particular, the WSD Stack 200 leverage Web Services for Devices to create a powerful, extensible system that may communicate with a wide variety of devices 102 described in greater detail above. As shown in FIG. 2, the WSD Stack is shown schematically at a high level. The WSD Stack 200 in FIG. 2 shows the communication to and from clients 104 at the top of the diagram via a logical interface and the various hardware devices 102 arranged at the very bottom of FIG. 2.
The logical interface initially communicates with and through the WSD Stack 200 via a Hyper Text Transfer Protocol (HTTP) or a User Datagram Protocol (UDP) as indicated by reference numeral 201. The HTTP enables data transfer and display of web pages and the like as is well known in the art. The UDP enables a direct way to send and receive datagrams on an IP network as is well known in the art. Accordingly, the clients 104 interface via the logical interface through one or both of the HTTP and UDP layers 201 to a service provider 202. For example, communication from the client 104 to the service provider 202 may be via the HTTP or UDP information and the communication may be contained in SOAP packets.
The service provider 202 may be configured as a large, generic host for web services. The service provider 202 may host one or more components 205 therein. A component 205 may have the ability to host multiple services. However, the component 205 may limit the relationship between a service and a device to a one-to-one relationship.
A further part of the component 205 is the web service 203. The web service 203 exists for each device 204. The web service 203 may be configured as a generic web service based on the device category. For example, a thermostat has a corresponding web service based on the HVAC category for example only.
Each web service 203 may be configured with a device bridge 204. The device bridge 204 may be configured to essentially translate commands by the physical devices 102. Accordingly, each device bridge 204 may be specific to the specific make of the physical device 102.
The service provider 203 may further include a controller 206. The controller 206 may be arranged to communicate with the devices 102. The controller 206 may be configured to have a ratio of one controller per component 205. The controller 206 may include the ability to send feedback from the devices 102 to the component 204. The component 204 may then route the feedback to the appropriate web service 203. Accordingly, this arrangement provides the ability for feedback from the devices 102 to various clients 104.
The service provider 202 next may communicate to the various physical devices 102 via one or more of a plurality of different communications protocol 207. In particular, the communications protocol with the devices 102 may include any type of native or proprietary format. Such native proprietary formats may be sent via Hyper Text Transfer Protocol (HTTP), transmission control protocol (TCP), user datagram protocol (UDP), or serial protocols. The TCP enables two hosts to connect. The serial protocol provides one or two way serial communication as is well known in the art.
Accordingly, the WSD Stack 200 creates a powerful and extensible system based on web services for devices. Moreover, the WSD Stack 200 may communicate with a wide variety of devices 102 as discussed in detail with respect to FIG. 1 above. Using the WSD Stack 200 allows network components to become “black box” components. This allows the various clients 104 and devices 102 to communicate in a clearly defined way without needing to know how they are accomplishing their various tasks. Using the WSD Stack 200 allows components to be implemented on any application running on any platform and written in any language. In essence, when the WSD Stack 200 is implemented, the network location and communications are handled by the platform, allowing application developers to focus solely on application problems. It should be noted that various modifications to the WSD Stack 200 are contemplated by the invention.
FIG. 3 shows a device life cycle operating according to the principles of the invention. In particular, FIG. 3 shows the various portions of the life cycle of a device networking using the WSD Stack 200 described above and shown in FIG. 2 in a device 102 as shown in FIG. 1 above. Initially, as shown in FIG. 3, the first step in a device 102 in its life cycle on the network is discovery 302. Discovery 302 as used in conjunction with the WSD Stack 200 may use the WS-Discovery specification. The WS-Discovery specification may include multicast announcements, multicast query requests such as probe and probe match, and unicast responses. In this regard, a device 102 may probe a client 104 using the discovery networking life cycle 302 to receive a probe match from the client 104. In this regard, discovery of the device 102 by one or more clients 104 is straight forward and essentially automatic. More specifically, a device 102 may announce its presence as it is connected to the network 12. This announcement may be through a sending out of a hello or bye message by device 102 on to the network 12. Additionally, the device 102 may respond to a client 104 request including various probe and resolve type requests. A probe request may include the ability to identify a device or service within the client 104 or device 102. The resolve request may include the ability to locate a device 102 or service end point. The result is the ability to get or obtain information via metadata exchange during the discovery 302 process.
The next step in the networking life cycle of the WSD Stack 200 process includes the step of description 304. The step of description 304 may include a metadata exchange. This metadata exchange may be a response to a “get request.” The description step 304 may thus include the WS-Metadata exchange protocol and may moreover include the WSDL or SOAP/XML information exchange. The WSDL (Web Services Description Language) may be used in combination with the SOAP and XML scheme to provide web services. A device connecting to the network 12 may read the WSDL to determine what functions are available on the network 12, clients 104 and the like. The SOAP (Simple Object Access Protocol) is a protocol that may be used for exchanging XML based messages over the network 12.
The next step in the networking life cycle shown in FIG. 3 is the step of control 306. In the step of control 306, control over a device 102 may be exercised by sending messages to the device 102 and/or services hosted by the device 102. The control 306 may be defined by the WSDL and XML schema. This definition of control 306 may ensure a common base line for interoperability.
Finally, the last step in the networking life cycle shown in FIG. 3 is the step of eventing 308. The eventing step 308 may include the WSD Stack 200 web service-eventing and may again use the SOAP/XML schema. In particular, the eventing 308 may allow for a rich eventing model. This model may allow for detailed events through WSDL. The eventing 308 may allow a client to subscribe to various events. Moreover, the eventing 308 may allow for the device 102 to push events to the clients 104.
Shown in FIGS. 4, 5, 6, and 7 is a client implemented as a handheld device 400 with a touch screen display 406. In particular, the handheld device 400 includes remote capability that maybe wireless. Furthermore a knob 402 may be located on the back of the handheld device 400 as shown in FIGS. 5 and 6. In particular, the knob 402 is shaped such that it may be easily held by either left or right hand (ambidextrous). Moreover, the knob 402 also may be arranged under the handheld device 400 in an arrangement such that it may prop up the handheld device on a table or another flat surface such that a user can view the display. Moreover, the knob 402 may function to hold the handheld device in a docking cradle 404. The docking cradle 404 may function as a power supply or power transformer for powering the handheld device and/or as a connection to the network 10. Additionally, the handheld device 400 may operate using wireless fidelity (Wi-Fi) with an antenna for communication using the 802.11 protocol for example.
As shown in FIG. 8, a handheld device 800 is another handheld client. In particular, the handheld 800 may include a power-over Ethernet (POE) connection or may be battery operated for wireless connections. Moreover, one side of the handheld 800 may include a navigation pad 802 that may include buttons (such as up, down, left, right, and select). There may also be a back button. In this aspect, it may not have a touch sensitive display. The handheld 800 may be wall mounted, it may be an IPAQ (available from Hewlett-Packard, Palo Alto, Calif.) or a PDA based device. The handheld 800 may be wired by Ethernet, or may be a Wi-Fi or wireless connected device using any known protocol such as 802.11. the handheld 800 may also allow for the distribution of audio wirelessly (receive music and distribute the same through the automation network). Moreover, it is contemplated that the handheld 800 may have a headphone jack for distribution of music via headphone. The handheld 800 may also be configured to be placed in the same or a different docking cradle 402 as noted above.
Another exemplary client is shown in FIG. 9 implemented as a touch screen 900 that may include a touch screen housing 922 that may include key holes and keys to interact with each other and to hold the touch screen in place in a wall without any other mechanical fasteners (not shown). Additionally, the touch screen 900, because it is web based, requires only an Ethernet connection and a power connection. In particular, the Ethernet connection may be a typical RJ45-type connection. Whereas the power connection may be a 14-16 gauge-type wire pair connecting to a DC power source (12 volts), and the like. The touch screen 900 may be a notebook based type of processor. For example, an Intel™ Pentium M-type or Core™ duo processor with the touch screen 900. The touch screen 900 may include a sensor arrangement overlaid on the display 902. Additionally, the touch screen may include an audio line out type of arrangement including speakers 910, 912. Moreover, the touch screen 900 may be arranged with a plurality of USB type connections for communication therewith. Finally, the touch screen 900 may also be configured to have a virtual QWERTY type keyboard that may be virtually arranged on the touch screen 900 for entry of alpha-numeric characters.
The touch screen monitor 900 includes a display 902. The display 902 may be an LCD type display. However, any other type of display technology is contemplated for use as the display 902. The touch screen 900 further includes a plurality of hot spots 904, 908, 918, 914, and 920. In particular, the hotspots provide a way in which to receive input from a user by touching a part of the housing 922. The hotspots 904, 908, 918, 914, and 920 are capacitive sensing. However, any type of touch sensitive technology is contemplated for use with the invention. Each of these hotspots 904, 908, 918, 914, and 920 may be assigned a particular feature. For example, turning on the lights, turning on a stereo, turning on the television and the like for each hot spot. It should be noted that the any of the above-noted devices may be controlled by the hotspots.
Additionally, the touch screen display 900 includes slider areas 906, 916. These slider areas 906, 916 may use a capacitive sensing type sensor to sense a sliding input. Sliding the finger up or down the areas 906, 916, provides a decreasing actuation of a particular home automation component such as lights or audio volume. It should be noted that the any of the above-noted devices may be controlled by the sliders. The display 902 further includes a touch sensitive capacitive overlay that may allow a user to touch various virtual buttons that are formed on the front of the display 902. Moreover, the touch screen 900 may include a microphone 924 for receiving audio input for intercom functions and the like.
Each of the display devices 400, 800, and 900 may include a CPU, CPU board, a base board, a hard drive, heat-sink, and a blower fan controlled based on internal temperature. An exhaust opening for directing the exhaust air from the blower fan may be arranged on the devices 400, 800, and 900. The touch screen may include an IR (infrared) receiver constructed according to the principles of the invention. In particular, the IR receiver device may be for receiving an IR signal to control the devices 400, 800, and 900. It is contemplated that the touch screen may allow this type of IR input arrangement to allow a remote control to interact with the devices 400, 800, and 900. Finally, it is contemplated that the touch screen might be voice activated to receive voice commands/inputs and be able to operate in response thereto. Additionally, the devices 400, 800, and 900 may include a photocell may be included to sense ambient light to control the display brightness of the devices 400, 800, and 900.
A FIG. 10 shows an exemplary link or conversion module constructed accordingly to the principles of the invention. In particular, the conversion module 54 is constructed to connect with the network 12 using IP protocol and, in particular WSD. The conversion module 54 connects to the network 12 either via a wireless connection through antenna 802 using any known wireless protocol such as a Wi-Fi or a wired connection through a jack 804. The conversion module 54 includes a memory, a processor, an operating system, and so on. The operating system of the conversion module 54 allow for the use of the WSD stack 200. The conversion module 54 also includes a communications connection 806. The communications connection 806 may use any kind of proprietary and/or serial type connections or communication. Accordingly, a device that may not be able to connect to a network 12 because it lacks an IP protocol type of interface, may be able to connect to the conversion module 54 through the communication connection 806. Accordingly that device becomes a black box on the network and be able to accordingly interact with the network using web services for devices.
Accordingly, the application and clients as described above, may be implemented with Web Services for Devices and in particular the above noted WSD Stack 200. The Web Services for Devices (WSD) uses standard Internet protocol (IP) and may be based on standard XML-related technologies such as SOAP (Simple Object Access Protocol) for communications and WSDL (Web Services Device Language) to describe interfaces. The devices implemented with WSD Stack 200 become black boxes on the network, providing services to any application, on any platform, written in any language.
In accordance with various embodiments of the invention, the methods described herein are intended for operation with dedicated hardware implementations including, but not limited to, semiconductors, application specific integrated circuits, programmable logic arrays, and other hardware devices constructed to implement the methods and modules described herein. Moreover, various embodiments of the invention described herein are intended for operation with as software programs running on a computer processor. Furthermore, alternative software implementations including, but not limited to, distributed processing or component/object distributed processing, parallel processing, virtual machine processing, any future enhancements, or any future protocol can also be used to implement the methods described herein.
It should also be noted that the software implementations of the invention as described herein are optionally stored on a tangible storage medium, such as: a magnetic medium such as a disk or tape; a magneto-optical or optical medium such as a disk; or a solid state medium such as a memory card or other package that houses one or more read-only (non-volatile) memories, random access memories, or other re-writable (volatile) memories. A digital file attachment to email or other self-contained information archive or set of archives is considered a distribution medium equivalent to a tangible storage medium. Accordingly, the invention is considered to include a tangible storage medium or distribution medium, as listed herein and including art-recognized equivalents and successor media, in which the software implementations herein are stored.
While the invention has been described in terms of exemplary embodiments, those skilled in the art will recognize that the invention can be practiced with modifications in the spirit and scope of the appended claims. These examples given above are merely illustrative and are not meant to be an exhaustive list of all possible designs, embodiments, applications or modifications of the invention.
a controller configured to communicate with the one or more automation devices of the corresponding device category.
2. The process according to claim 1 wherein one of the touch screen display and the handheld controller comprise at least one of a LCD display, processor, wireless interface, wired interface, IR interface, audio system, inputs, support base, and knob.
3. The process according to claim 1 wherein the at least one client further comprises one of a TV, a personal computer, a personal digital assistant, and a game controller.
4. The process according to claim 1 wherein the first and second communication layers process at least one of a Hypertext Transfer Protocol (HTTP), a Transmission Control Protocol (TCP), a User Datagram Protocol (UDP), and serial protocols.
5. The process according to claim 1 wherein the WSD stack is configured to discover the at least one client and the discovery comprises one of multicast announcements, multicast query requests, and unicast responses.
6. The process according to claim 1 wherein the WSD stack is configured for description and the description comprises at least one of WS-Metadata exchange, web services description language, and simple object access protocol/XML protocol.
7. The process according to claim 1 wherein the WSD stack is configured for eventing and wherein the eventing comprises at least one of web services description language for detailed events, a configuration for client subscription to events, and a configuration for the at least one device to push events to the at least one client.
9. The machine-readable tangible storage medium according to claim 8 wherein one of the touch screen display and the handheld controller comprise at least one of a LCD display, processor, wireless interface, wired interface, IR interface, audio system, inputs, support base, and knob.
10. The machine-readable tangible storage medium according to claim 8 wherein the at least one client further comprises one of a TV, a personal computer, a personal digital assistant, and a game controller.
11. The machine-readable tangible storage medium according to claim 8 wherein the first and second communication layers process at least one of a Hypertext Transfer Protocol (HTTP), a Transmission Control Protocol (TCP), a User Datagram Protocol (UDP), and serial protocols.
12. The machine-readable tangible storage medium according to claim 8 wherein the WSD stack is configured to discover the at least one client and the discovery comprises one of multicast announcements, multicast query requests, and unicast responses.
13. The machine-readable tangible storage medium according to claim 8 wherein the WSD stack is configured for description and the description comprises at least one of WS-Metadata exchange, web services description language, and simple object access protocol/XML protocol.
14. The machine-readable tangible storage medium according to claim 8 wherein the WSD stack is configured for eventing and wherein the eventing comprises at least one of web services description language for detailed events, a configuration for client subscription to events, and a configuration for the at least one device to push events to the at least one client.
16. The automation system according to claim 15 wherein one of the touch screen display and the handheld controller comprise at least one of a LCD display, processor, wireless interface, wired interface, IR interface, audio system, inputs, support base, and knob.
17. The automation system according to claim 15 wherein the at least one client further comprises one of a TV, a personal computer, a personal digital assistant, and a game controller.
18. The automation system according to claim 15 wherein the first and second communication layers process at least one of a Hypertext Transfer Protocol (HTTP), a Transmission Control Protocol (TCP), a User Datagram Protocol (UDP), and serial protocols.
19. The automation system according to claim 15 wherein the WSD stack is configured to discover the at least one client and the discovery comprises one of multicast announcements, multicast query requests, and unicast responses.
20. The automation system according to claim 15 wherein the WSD stack is configured for description and the description comprises at least one of WS-Metadata exchange, web services description language, and simple object access protocol/XML protocol.
21. The automation system according to claim 15 wherein the WSD stack is configured for eventing and wherein the eventing comprises at least one of web services description language for detailed events, a configuration for client subscription to events, and a configuration for the at least one device to push events to the at least one client.
eventing comprising at least one of web services description language for detailed events, a configuration for automation client subscription to events, and a configuration for the at least one automation device to push events to the at least one automation client.
ITTO20010930A1 (en) * 2001-10-01 2003-04-01 Telecom Italia Lab Spa System for the transmission of multimedia information streams such as for distance learning.

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Application No. 11


"A corporation . . . keeping accounts upon any basis other than that of actual receipts and disbursements, unless such other basis does not clearly reflect its income, may, subject to regulations made by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, make its return upon the basis upon which its accounts are kept, in which case the tax shall be computed upon its income as so returned."
A Treasury ruling with respect to returns under §§ 12(a) and 13(d) contemplated that income and authorized deductions should be computed and accounted for on the same basis, and that the same practice should be consistently followed year after year. The returns of a taxpayer for 1916 and 1917 stated that they were made on the basis of actual receipts and disbursements. Each return, however, included bills and accounts receivable and payable and employed the inventory basis -- a practice which would have been authorized by Treasury regulations if the returns had been governed by earlier Acts which contained provisions like those of § 12(a), supra, but which lacked the new provisions of §§ 13(b) and 13(d). A munitions tax, which accrued in 1916, and was paid in 1917, was deducted by the taxpayer under § 12(a), in the 1917 return.
1. That the regulations mentioned, which required the use of inventories in proper cases and permitted the deduction of accounts payable when accounts receivable were brought into the income account, were supplementary to the provisions of the earlier Acts, and do not have the effect of classifying items receivable and payable as cash receipts and disbursements when the like provisions of § 12(a) are to be construed with the new provisions, §§ 13(d) and 13(b), of the 1916 Act. P. 282 U. S. 97.
2. Although, by § 12(a), taxes are required to be deducted only in the year when paid, § 13(d), in the light of its legislative history, plainly indicates that the returns contemplated by it are to be dealt with as a separate class, distinct from those based on actual receipts and disbursements alone described by § 12(a). Id.
3. The filing of a return under § 13(d), where the taxpayer is able to comply with its requirements, is optional if he is also able to prepare a return on the basis of actual receipts and disbursements; but if true income cannot be arrived at on the latter basis, the return must be filed on the accrual basis. P. 282 U. S. 98.
4. A taxpayer's declaration in his income tax return as to whether it is made on the accrual basis or on that of actual receipts and disbursements is not conclusive. P. 282 U. S. 99.
5. The use of inventories, and the inclusion in the returns of accrual items of receipts and disbursements appearing on the taxpayer's books, indicate the general and controlling character of the account, and support the finding of the trial court in this case that books and returns were on the accrual basis. Id.
6. It was competent for the Commissioner -- the record not disclosing that the taxpayer offered to make a return for 1917 on the basis of actual receipts and disbursements, or could do so -- to correct the return for 1917 to conform it to the system of accounting in fact adopted by excluding from it the munitions tax which had accrued in 1916, whether appearing on the books for that year or not. Id.
Certiorari, 280 U.S. 540, to review a judgment of the circuit court of appeals affirming a judgment of the district court, 24 F.2d 230, for the Collector in an action to recover income and excess profits taxes assessed and paid for 1917.
correctly deducted from gross income in petitioner's tax return for that year. The Commissioner, rejecting this contention, deducted the tax from gross income for 1916, the year when it accrued, see United States v. Anderson, 269 U. S. 422, and collected a correspondingly increased income and profits tax for 1917, which is involved in the present suit.
The district court, finding that petitioner kept its books and filed its tax returns for 1916 and 1917 on the "accrual basis," gave judgment for the Collector, 24 F.2d 230, which the Court of Appeals for the Sixth Circuit affirmed, 31 F.2d 669. Both courts held, on the authority of United States v. Anderson, supra, that, as the books were kept and returns made on the accrual basis, the munitions tax which accrued in 1916 could not be deducted in the return for 1917.
as receipts and disbursements." In both returns, bills and accounts, payable and receivable, in fact were treated as actual receipts and disbursements, and both were based on inventories taken at the beginning and end of the taxable year. The munitions tax deducted in the 1917 return first appeared on the taxpayer's books in that year.
Petitioner contends that its returns were made as "cash receipts and disbursements" returns under § 12(a), and not under § 13(d), and that, since, by § 12(a), taxes are required to be deducted only in the year when paid, its munitions tax was rightly deducted in the 1917 return. In support of this contention, it is pointed out that § 12(a) of the 1916 Act does not differ materially from corresponding provisions of the Revenue Acts of 1909 and 1913 (Corporation Excise Tax Act of Aug. 5, 1909, c. 6, § 38, 36 Stat. 11, 112; Corporation Income come Tax Act of Oct. 3, 1913, c. 16, § II, subdiv. G, 38 Stat. 114, 172), and, as petitioner's returns for 1916 and 1917 would have been authorized under these earlier Acts, and Treasury Regulations supplementing them, it is argued that petitioner's right to deduct taxes when paid was not altered by the addition to the revenue laws, in the 1916 Act, of § 13(d), which, merely gave to the taxpayer an option, not availed of by petitioner, to make a return on the accrual basis.
This argument is, in substance, that considered and rejected by the Court in United States v. Anderson, supra, p. 269 U. S. 439. There, as here, the taxpayer's return for 1917 computed income on the basis of inventories and accrued items, payable and receivable, appearing on the taxpayer's books of account for that year, but deducted from gross income the munitions tax, paid in 1917, which had accrued the year before. The return, as made, would have been permissible under the Revenue Acts preceding that of 1916; but it was held that, under that Act, the tax was required to be deducted in the year when it accrued.
Section 12(a) of the 1916 Act, like its prototypes in the earlier legislation, deals only with the deduction from gross income of amounts paid out or losses sustained. None of them, in terms, permitted the deduction of accounts payable or made any provision for the use of inventories in computing net income. Experience demonstrating that income derived from merchandising and manufacturing businesses could not be computed on the basis of receipts and disbursements alone, treasury regulations were promulgated requiring the use of inventories in proper cases, and permitting the deduction of accounts payable when accounts receivable were brought into the income account. Treasury Regulations 31, Dec. 3, 1909, under the Act of Aug. 5, 1909; 33, Jan. 5, 1914, under the Act of Oct. 3, 1913.
"appropriate and in the option of the commissioner necessary to determine the correctness of the net income returned and to carry out the provisions of this title."
"This ruling contemplates that the income and authorized deductions shall be computed and accounted for on the same basis and that the same practice shall be consistently followed year after year."
This ruling antedated petitioner's 1916 and 1917 returns, and obviously gross income and deductions in its returns were not "accounted for on the same basis." Its income for 1917 could not be ascertained by deducting from gross income, including receivables, some items of cost and expense, attributable to the production of 1917 income, which accrued but were not paid in that year, and the munitions tax, which was paid in 1917 but which accrued and was attributable to the production of income in 1916.
Can Co., 280 U. S. 412; United States v. Anderson, supra; Niles Bement Pond Co. v. United States, supra.
Pending the adoption of regulations applicable to the Revenue Act of 1916, Treasury Decision 2367, Sept. 14, 1916, continued existing regulations in force only so far as not inconsistent with the provisions of the 1916 Act. New regulations applicable to §§ 12(a) and 13(d), adopted in Treasury Decision 2433, Jan. 8, 1917, before petitioner filed its 1916 and 1917 returns, are considered infra, p. 282 U. S. 98.
"As two systems of bookkeeping are in use in the United States, one based on the cash or receipt basis and the other on the accrual basis, it was deemed advisable to provide in the proposed measure that an individual or corporation may make return of income on either the cash or accrued basis, if the basis selected clearly reflects the income."
"In the interpretation of statutes levying taxes, it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out. In case of doubt, they are construed most strongly against the government and in favor of the citizen."
Gould v. Gould, 245 U. S. 151, 245 U. S. 153; Crocker v. Malley, 249 U. S. 223, 249 U. S. 233; United States v. Field, 255 U. S. 257, 255 U. S. 262; Smietanka v. First Trust & Savings Bank, 257 U. S. 602, 257 U. S. 606; Shwab v. Doyle, 258 U. S. 529, 258 U. S. 534; United States v. Merriam, 263 U. S. 179, 263 U. S. 188; Hecht v. Malley, 265 U. S. 144, 265 U. S. 156; Reinecke v. Northern Trust Co., 278 U. S. 339, 278 U. S. 348.
We think it impossible properly to say that the statute under consideration, by clear import, laid the questioned tax. The petitioner made its return after the mode long approved by the Treasury Department, and distinctly disavowed any purpose to accept the option granted by § 13(d). Under an interpretation certainly not free from grave doubt, a taxpayer who honestly sought to do what capable counsel well might have advised has been heavily burdened.
United States v. Anderson, 269 U. S. 422, differs materially from the present cause upon the facts, and, we think, is not enough to support the conclusion of the court below.
am bound to follow it in similar cases, and in principle, I think, it controls here. It is true that there are differences in matters of fact between the present case and that case, but they seem to me not to be of a character to affect the pertinence of the Anderson decision and call for the application of a different rule. For that reason alone, I concur in the opinion of the Court just announced. Were it not for the Anderson case, I should join in the dissent.
MR. JUSTICE ROBERTS concurs in this view.


Court. The tenants commenced an action for return of their security deposit. A third tenant, Jada Sherman, separately commenced a like action, and the cases were consolidated. The landlords did not move to transfer the cases to the regular civil docket of the District Court pursuant to G. L. c. 218, § 24. See Daum v. Delta Airlines, Inc., 396 Mass. 1013 , 1014 (1986) (small claims defendant's motion to transfer "should rarely, if ever," be denied). A clerk-magistrate ruled in all three tenants' favor, and the landlords appealed for a trial in the regular jury session of the District Court. A judge in the District Court again ruled in the tenants' favor, concluding that the landlords were not entitled to retain any portion of the security deposit and awarding treble damages under G. L. c. 186, § 15B (6), (7). After this decision was issued, the landlords filed a "joint notice of appeal," listing numerous "questions of law" that they contended were presented by these cases but containing no request that the judge report the cases to the Appellate Division of the District Court pursuant to G. L. c. 218, § 23, tenth par. After final judgments entered, the landlords again filed a "notice of appeal," the contents of which have not been provided to us. The judge did not report the cases to the Appellate Division. The landlords' G. L. c. 211, § 3, petition followed, seeking vacatur of the judgments or an order that the matter be reported to the Appellate Division.
The tenants argue that the landlords' appeal from the judgment of the single justice is untimely. We disagree. Regardless whether the time to appeal ran from the date of the single justice's judgment or from the date of a subsequent order denying the landlords' motion to vacate, the notice of appeal was filed within thirty days. Mass. R. A. P. 4 (a), as amended, 430 Mass. 1603 (1999). The shorter appeal periods set forth in S.J.C. Rule 2:21 (1), 421 Mass. 1303 (1995), and Mass. R. A. P. 27.1 (a), as amended, 367 Mass. 920 (1975), are inapplicable here. The landlords' petition sought relief from final judgments, not from any interlocutory ruling, see S.J.C. Rule 2:21 (1), and this case presents an appeal from a judgment of the county court, not an application for further appellate review. See Mass. R. A. P. 27.1, as amended, 426 Mass. 1602 (1998).
appeal." [Note 4] The fact that this remedy was available to them is sufficient to warrant the denial of relief under G. L. c. 211, § 3. By declining to move to transfer the cases to the regular civil docket and submitting to the "simple, informal and inexpensive" small claims process, the landlords "agree[d] to limited appellate review." Eresian v. Hall, supra, quoting G. L. c. 218, § 21.
Although we conclude that the single justice properly denied relief, we do not find that sanctions are warranted in these circumstances. "We are hesitant to deem an appeal frivolous and grant sanctions except in egregious cases." Symmons v. O'Keeffe, 419 Mass. 288 , 303 (1995), citing Avery v. Steele, 414 Mass. 450 , 461 (1993). This is not such a case.
Thomas F. Feeney for Kenneth Porter & another.
[Note 2] Janice Sullivan and Jada Sherman.
[Note 3] In their brief, the landlords argue that they were unfairly deprived of their right to a jury trial in the District Court. We express no view on the merits of this argument, but conclude only that this issue could have been raised in a request for a report.
[Note 4] As noted, the judge did not report the cases to the Appellate Division. To the extent that the landlords requested a report, we consider that request to have been implicitly denied.


Under current U.S. law, a patent has a term of 17 or 20 years, provided that maintenance fees are paid on time. Once a patent has expired, the patent holder must remove the expired patent number(s) from the products to which they are affixed or face liability under 35 U.S.C. § 292, the “false marking” statute.
35 U.S.C. § 292(b) states that “any person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States.” Thus, any person can bring a qui tam action for false marking, whether or not he has an interest in a patent or has suffered actual injury.
For almost 100 years, courts had followed the “per decision” rule, holding that an offense under the statute was considered one continuous act of false marking, regardless of how many products were improperly marked during that time. This changed in December 2009, when the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) overruled the per decision rule in Forest Grp., Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009), holding that “the [false marking] statute’s plain language requires the penalty to be imposed on a per article basis.” The three-judge panel reasoned that only a per article application of the penalty would encourage private enforcement of the statute. However, the court was careful to point out that the statute affords district courts “the discretion to strike a balance between encouraging enforcement of an important public policy and imposing disproportionately large penalties for small, inexpensive items produced in large quantities.” Bon Tool Co., 590 F.3d at 1304.
The Bon Tool decision produced a flood of false marking litigation. In the three months following the decision, plaintiffs filed more than 150 false patent marking suits: a number approximately equal to the number of suits filed in the previous ten years. Corporations have since been scrambling to check the status of their own and their suppliers’ patents while so-called “marking trolls” scour store shelves and online advertising in search of products whose labeling is not up-to-date. Some of the products under scrutiny – mentioned in a recent Wall Street Journal article on patent marking – include Etch A Sketch toys, Crest toothpaste and L’Oréal mascara.
On August 31st, the Federal Circuit addressed the issue of standing in Stauffer v. Brooks Bros., Inc., Nos. 2009-1428, 2009-1430, 2009-1453, 2010 WL 3397419 (Fed. Cir. Aug. 31, 2010). In that case, Raymond Stauffer, also a patent attorney, sued Brooks Brothers for falsely marking bow ties with patent numbers which had expired in the 1950s. The district court granted Brooks Brothers’ motion to dismiss for lack of standing, holding that Stauffer, standing in the place of the United States, failed to sufficiently demonstrate that the government had suffered an injury. The Federal Circuit reversed, holding that the government inherently suffers an injury-in-fact when its statutes are violated and, accordingly, has standing to sue to enforce its laws. Because a qui tam plaintiff sues as the assignee of the government’s claim, the court reasoned, Stauffer had standing to sue on behalf of the government. Although the Federal Circuit sided with the plaintiff, it remanded the case to the district court with instructions to consider Brooks Brothers’ argument that Stauffer’s complaint failed to plead intent to deceive with sufficient specificity. The Stauffer court did not address several other key issues.2 However, many cases, which had been stayed pending the outcome in Stauffer, will now move forward.
The bills would eliminate the qui tam provision and provide that only competitors have standing to sue for false marking. Under the amended language, persons could no longer sue to receive compensation simply for vindicating the public interest. A recent think-tank policy paper argues that it would be best to craft a legislative remedy rather than rely on the Solo Cup decision to limit possible excesses in damage awards, but no Congressional action is expected before the end of the year.
1 Because immediately replacing the molds used to manufacture the mismarked lids would be “costly and burdensome,” Solo developed a plan to phase out the mismarked lid molds on the advice of outside counsel. Solo Cup. Co., 608 F.3d at 1359. Instead of promptly replacing all of the molds, which often last fifteen to twenty years, Solo allowed the mismarked molds to wear out before replacing them with unmarked molds. The court found that Solo had produced credible evidence that it developed the plan “in good faith reliance on the advice of counsel and out of a desire to reduce costs and business disruption” and had “implemented and followed” the plan. Id. at 1364.
2 For example, the court’s decision did not address a challenge to the constitutionality of § 292(b), in which amicus curiae Ciba Vision Corp. argued that the law impermissibly strips the executive branch of its duty to “take Care that the Laws be faithfully executed” by giving such power to the public. Stauffer, 2010 WL 3397419, at *5. Additionally, the court took no view on whether § 292 addresses a proprietary injury, a sovereign injury or both, “as either one would confer standing on the government, and therefore Stauffer.” Id.
Ron Vogel is a third year student at Fordham University School of Law. He is a graduate of the Cooper Union for the Advancement of Science and Art and IPLJ staff member.