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21 December 2021PatentsAlex Baldwin

Toyota, Subaru and Blackberry targeted in software patent suit

Toyota, Subaru and Blackberry have developed automotive technology that infringes a patent for automatically updating system software, a new lawsuit claims.

Liberty Patents filed a complaint with the US District Court for the Eastern District of Texas on Friday, December 17, alleging that the three companies infringed its automatic updating technology disclosed in US Patent 7,493,612.

The ‘612 was issued by the US Patent and Trademark Office in February 2009 and describes “Embedded System and Related Method Capable of Automatically Updating System Software”.

Specifically, Liberty Patents targets Blackberry’s onboard radar tracking system QNX as well as digital cockpit software from both Subaru and Toyota in the complaint.

All the accused products automatically check for system updates during the boot sequence using an over-the-air (OTA) update process to request any needed files and apply them directly to the onboard systems.

The way this process is performed directly infringes on Liberty’s ‘612 patent, said the complaint.

As well as direct infringement allegations, Liberty has also claimed that Toyota, Subaru and Blackberry indirectly infringe the ‘612 patent by “inducing” customers to directly infringe.

The patent holder has asked District Judge Rodney Gilstrap to issue a preliminary injunction preventing the three companies from continuing to sell products that infringe the ‘612 patent or award an ongoing royalty for future infringement. It also seeks damages at an amount to be determined by a jury.

Toyota was sued in the same court in October over wireless and connected vehicle technology.

An infringement lawsuit from Intellectual Ventures accused the Japanese carmaker of infringing 11 of its “more than 70,000” automotive patents with systems found in its Prius and Lexus models.

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