AOL controls U.S. patent for instant messaging

By Kathleen Jay

On September 10, 2002, the U.S. patent office granted the founders of ICQ ("I Seek You") the patent on instant messaging, the technology which allows users on the same network to exchange text messages in real time. The patent covers transmission of instant messages over both the Internet and cellular networks.

Filed in January 1997, ICQ is protected by US patent No. 6,449,344. The patent grants ICQ, a subsidiary of America Online, the exclusive legal rights to the instant messaging (IM) Internet application. In June 1998, the ICQ also filed a second patent application, which covers transmissions of instant messages via cellular networks, which was approved in May 2002.

AOL purchased ICQ's parent company, Mirabilis, in 1998 for $287 million in cash for its instant messaging technology, which also allows users to chat, send email, transmit short message service (SMS) over the mobile networks, communicate using wireless-pager messages, and transfer files and URLs. Also in the purchase, AOL acquired approximately 12 million of ICQ's registered subscribers. Today, ICQ has an estimated 135 million users among the 400 million people worldwide who use instant messaging.

Valid through 2018, the patent includes 202 claims that cover any network that allows multiple users to see each other, and engage in communication.

The first claim states: " A communications system comprising: a communications network; a multiplicity of communications terminals which are connectable to said communications network and which can be employed concurrently by multiple seeking users and multiple sought users to communicate via said communications network, wherein each user is identified independently of a given communications terminal address by a unique identification code predefined for said user, which code is independent of which of said multiplicity of communications terminals that user is employing."

From a legal viewpoint, the patent will permit AOL to file patent infringement suits against Microsoft and Yahoo, two of its biggest competitors, both of whom have millions of users using their proprietary instant messaging networks. Moreover, AOL can demand its competitors to pay royalties.

According to CNET, AOL spokesman Andrew Weinstein declined to comment on the company's future plans involving the patent. Yahoo spokeswoman Mary Osako also declined to comment on the patent. Microsoft did not immediately return calls seeking comment.



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