If you were impressed by the patents NTP used to relieve Research-In-Motion (RIM) of $600 million, you’ll be floored when you see Visto’s.

In stark contrast to NTP… which had several patents questioned by US Patent and Trademark Office (PTO) re-examiners… Visto’s linchpin, US Patent 6,085,192, was re-approved in November 2005. All but 10 of its assertions were reaffirmed as patentable.

Most of the other patents are looking pretty strong, too… especially when compared to NTP.

But Visto’s real ace-in-the-hole is Palo Alto attorney, Robert D. Becker.

Visto’s Patent Targets

Patent Microsoft RIM SEVEN Good Smartner
5,961,590 X X
5,968,131 X
6,023,708 X X X
6,085,192 X X X X X
6,151,606 X X X
6,708,221 X X X X


With Visto’s patent ammo, Becker brought Infowave Software to its knees, whipped SEVEN Networks in federal court, and may have had a hand in chasing Sproqit out of business. It’s hard to confirm, as Sproqit’s phones have been disconnected.SEVEN Networks isn’t taking this lying down. Company officials charge:

One of the patents found to be infringed, US 6,023,708, currently stands rejected and is undergoing re-examination by PTO. SEVEN believes there are strong legal and factual reasons to support its claim upon appeal. SEVEN’s invalidity contentions have been borne out by the PTO’s re-examination of two of Visto Corporation’s asserted patents.

The company has also filed against Visto “for the infringement of two of its mobile email patents which predate the Visto patents.”

Meanwhile, Becker filed a patent infringement claim against Microsoft, noting:

Visto holds a portfolio of patents directed to wireless messaging and email, calendar and contact synchronization, including U.S. Patent No. 6,085,192, which recently emerged from reexamination. Microsoft recently announced Messaging and Security Feature Pack (MSFP) for Windows Mobile 5.0 and Service Pack 2 (SP2) for Microsoft Exchange Server 2003. Direct Push technology in MSFP and Exchange Server 2003 SP2 is designed to allow Exchange Server to send messages and other PIM information directly to Windows Mobile 5.0 devices over the air (OTA) through wireless accounts.

He filed against Good Technology and Smartner Information Systems for similar reasons. (fyi: Smartner is now part of SEVEN.)

But following the NTP - RIM settlement, there’s little doubt that Visto’s drooling for the taste of Blackberries. And we’re betting Visto’s going to get it. The patent infringement paperwork has already been filed.

The only question is, how much? Our guess is somewhere north of $1.2 billion.

What’s yours?

(Before you guess, take a gander at the NTP patents that cost RIM over $600 million.)

Visto Mobile Email Patent Abstracts

  1. System and method for synchronizing electronic mail between a client site and a central site: A system includes an e-mail engine which uses a proper protocol to retrieve an e-mail from a first mail store and to store the e-mail in one or more folder structures. Upon request, the first mail store may send configuration data indicating the proper protocol to the e-mail engine, which can then properly configure itself. An e-mail synchronization module uses a predetermined criterion to determine whether the e-mail was previously sent and whether to synchronize the e-mail with a second mail store. The e-mail synchronization module may also synchronize the e-mail of specific folder structures. The second mail store may be located on a global server, which upon proper identification and authentication provides roaming users with access to its contents. A communications module establishes a communications channel through any firewalls with the second mail store. A web engine sends the e-mail via the communications channel to the second mail store. US Patent 5,961,590; 5 October 1999.
  2. System and method for securely synchronizing multiple copies of a workspace element in a network: A system includes a general synchronization module at the client site for operating within a first firewall and for examining first version information to determine whether a first workspace element has been modified. The system further includes a synchronization agent at a global server for operating outside the first firewall and for forwarding to the general synchronization module second version information which indicates whether an independently-modifiable copy of the first workspace element has been modified. A synchronization-start module is maintained at the client site for operating within the first firewall and for securely initiating the general synchronization module and the synchronization agent when predetermined criteria have been satisfied. The system further includes means for generating a preferred version from the first workspace element and from the copy by comparing the first version information and the second version information, and means for storing the preferred version at the first store and at the second store. US Patent 5,968,131; 19 October 1999.
  3. System and method for using a global translator to synchronize workspace elements across a network: A system uses a global translator to automatically synchronize multiple copies of a workspace element across different formats between multiple sites in a secure network environment, independent of whether the sites are protected by site firewalls. The secure network environment includes a global server connected to multiple clients. The system includes a first store for storing a first workspace element in a first format, a second store for storing a second workspace element which is an independently modifiable copy of the first workspace element in a second format, a communications channel coupling the first store to the second store, synchronization means for synchronizing the first workspace element and the second workspace element, and a translator for translating between the first format and the second format. US Patent 6,023,708; 8 February 2000.
  4. System and method for securely synchronizing multiple copies of a workspace element in a network: A system includes a general synchronization module at the client site for operating within a first firewall and for examining first version information to determine whether a first workspace element has been modified. The system further includes a synchronization agent at a global server for operating outside the first firewall and for forwarding to the general synchronization module second version information which indicates whether an independently-modifiable copy of the first workspace element has been modified. A synchronization-start module is maintained at the client site for operating within the first firewall and for securely initiating the general synchronization module and the synchronization agent when predetermined criteria have been satisfied. The system further includes means for generating a preferred version from the first workspace element and from the copy by comparing the first version information and the second version information, and means for storing the preferred version at the first store and at the second store. US Patent 6,085,192; 4 July 2000.
  5. System and method for using a workspace data manager to access, manipulate and synchronize network data: A system includes a communications module for downloading workspace data from a remote site, an application program interface coupled to the communications module for communicating with a workspace data manager to enable manipulation of the downloaded workspace data and thereby create manipulated data, and a general synchronization module coupled to the communications module for synchronizing the manipulated data with the workspace data stored at the remote site. An instantiator requests the workspace data manager to provide an interface for enabling manipulation of the downloaded workspace data. The workspace data manager may create another instance of the interface or may provide access to its only interface to enable manipulation of the data. A data reader may translate the downloaded workspace data from the format used by the remote site to the format used by the workspace data manager. Upon logout, a de-instantiator synchronizes the data with the global server and deletes the workspace data. The system handles the situation where the data stored at the remote site has not changed and therefore includes the downloaded data, and the situation the data stored at the remote site has been modified and therefore is different than the downloaded data. US Patent 6,151,606; 21 November 2000.
  6. System and method for globally and securely accessing unified information in a computer network: A client stores a first set of workspace data, and is coupled via a computer network to a global server. The client may be configured to synchronize portions of the first set of workspace data with the global server, which stores independently modifiable copies of the portions. The global server may also store workspace data which is not downloaded from the client, and thus stores a second set of workspace data. The global server may be configured to identify and authenticate a user seeking global server access from a remote terminal, and is configured to provide access to the first set or to the second set. Further, services may be stored anywhere in the computer network. The global server may be configured to provide the user with access to the services. The system may further include a synchronization-start module at the client site (which may be protected by a firewall) that initiates interconnection and synchronization with the global server when predetermined criteria have been satisfied. US Patent 6,708,221; 16 March 2004.

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