I am running a small business IT Consulting/Staffing company. I received a letter from Advanced Dynamic Inferfaces LLC claming that they owned
US Patents : 7062,502 and 7401,094 and using Oracle Application Express for developing software or providing consulting services Infringe their patents
and damage them. As far as I know Oracle Application Express is owned by Oracle and is free to use by anyone.
In our case, we did not develop or sell any software or provide any services on oracle apex. We only advertised we offer consulting services for APEX like other
At this point I dont know what to do. Someone please advice
Edited by: user13379072 on Jul 13, 2012 4:35 PM
That was the intent, to worry you into calling the "other" attorney. Brent Farney, the signer of the letter is in fact a personal injury attorney and Advanced Dynamic Inferfaces LLC is a shell for all this. If they had a real beef, it would be with Oracle, not you. If it still worries you, just have your attorney fire a letter back to this clown. These attorney letters flying back and forth usually spell the end of it and are usually done at no charge if by a reputable firm.
You know pretty much about. Yes, its Advanced Dynamic Interface LLC. I went to another attorney to send a letter and he said, Initial Charge is $2000 to start with, and There willl be a cost of
approximately $6000. It looks like some others also receiving the same kind of letter from Advanced Dynamic Interface LLC
This is what is known as "Patent Trolling" (http://en.wikipedia.org/wiki/Patent_troll).
The best defense is to not respond at all until such point that you are legally compelled to, ie in the form of a summons, writ, etc.
At that point direct the patent troll directly to Oracle Corporation, and state that you are indemnified by the Oracle License from any responsibility of patent infringement.
These guys are looking for small companies that are scared and would be willing to "settle" because they don't know any better.
Don't rise to the bait!
I think Oracle (if anyone) should be more concerned about this than you or any other small company that has received this letter. btw, $2000 is not right for a letter. Keep looking in the event you have a real need for an attorney some day. You should be able to find one that will do an initial consultation about your business in general (1 hour or so, or no charge at all). After that, you will hopefully never need them. It's no big deal.
Although Advanced Dynamic Interfaces has not contacted Oracle, we are aware of, and are currently investigating, this matter. Letters received from ADI can be forwarded to the following address:
Oracle Legal Department
Patent, Trademark & Copyright Group
500 Oracle Parkway, M/S 5OP7
Redwood Shores, CA 94065
Yes, I read both of the patents that ADI are clamming. One is an extension of claims of the other. However, I know that Oracle had a product at least a couple of years before the claim called webdb that is similar of what the patent claims it does. So, based on my limited understanding of patents this should not precede. But again I am not a patent lawyer, nor a member of a jury.
Below is a public link to a pdf file called webdb-getting-started.pdf from 1999, here you can find an example in Chapter 4 (Building Components) that is similar of what the patent claims.
Take notice that Oracle APEX is an evolution of webdb -> htmldb -> Apex, with a fork to Oracle Portal before htmldb ;).
So, since the patent is for 2001 onwards and the method/computer software/computer apparatus existed before the claims in the patents, these should not carry further.
If ADI claims that Oracle APEX (or any of us in that matter) is infringing their patents, these should be re-examined (by the uspto.gov), because this invention existed before the patent.