Javascript/CSS rollover menus are patented and subject to licensing?

Question

Very interesting finding that a client brought to my attention today regarding javascript style rollover menus. They got a call from their legal dept that they need to change the manner in which their rollover menu is activated (at the risk of having to pay license to continue using the navigation technique). Its no April fools joke, apparently this is really happening.

Apparently a company named Webvention LLC has obtained enforcement rights to a patent, U.S. Patent No. 5,251,294 - "Accessing, assembling, and using bodies of Information."

A menu link, that when rolled over, expands to show a list of categorized, related links. Dropdown menus and slide-out menus are examples of this patented navigational methodology. A key component of this patent is that the dropdown/slide-out action must be initiated by a rollover or mouseover event. If the dropdown/slide-out action is initiated by any other event, such as a mouse-click event, then this behavior is not in violation of the patent.

Anyone ever heard of this or know of the validity of its claims? Website is here: http://www.webventionllc.com/

Answer 1

Well, the patent does actually exist; see here.

I can't speak to how well it would stand up in court.

Answer 2

I'm definitely not any sort of authority on the matter, but I had some free time this afternoon and gave the USPTO a phone call.

There's some discrepancy with the terms being used by the legal team. The terms "roll over", "slide out", "dropdown" are non-existent within the patent claims document. These terms are to name a few, but each term must be explicitly declared within a patent claim. As time progresses, terms change(ie with technology present) and most patents go through a re-examination phase to keep up to date on what is intended. This particular patent has never been re-examined for intent.

To share insight from the USPTO, it sounds like a harassment case from a patent filed for some other purpose. Now, although the original file date was 2/7/1990, the patent was issued on 10/5/1993. In 1995 patents were granted 20 years from file date or 17 years from issue date and all previous pending patents(such as this one) were grandfathered into whichever expiration is farther out.

A long, legal way to say this patent is public domain on 10/5/2010 and these guys are probably trying to snag a nickel before it goes out. A request to put this patent into re-examination is the first thing that happens if this goes to court, which in turn usually negates the entire case. In most cases(from what I'm told), this never happens as companies are usually quick to comply(those lawyer emails are intimidating after all).

Anyways, hopefully you're able to find the right path in the matter!

Answer 3

I'm currently going through the same issue with a large client. We just got the letter. We are paying our law firm a decent chunk of cash to look into it, because due to our professional service agreement with the large comapny, we are the ones responsible for ANY deliverables. These guys are the ultimate scam artists, and it is disgusts me that they are able to get away with this crap. The fact of the matter is, most people settle, rather than go into litigation. I'll keep you posted on what we do, but at this point, we are removing the disputed 'rollover' element with a static graphic, and will just repost on 10/5/2010.

Answer 4

See my thoughts here: http://www.webdesignforums.net/general_web_design_discussion_84/webvention_llc_-_re_onmouseover_rollover_menus_36335.html#post248023

Answer 5

Patently Obvious just did a write up, "This report focuses on entities of interest with patents and innovations that predate or coexist with the holdings of Webvention, as well as public-domain alternatives."

http://patentlyobvious.m-cam.com/blog/?tag=5251294 http://www.m-cam.com/patentlyobvious/20101021_webvention.pdf