AWS must pay $525M to cloud storage patent holder, says jury
- Reference: 1712840231
- News link: https://www.theregister.co.uk/2024/04/11/aws_lawsuit_kove_io/
- Source link:
[1]Kove , which styles itself as a pioneer in high-performance computer storage and data management technologies, filed its original [2]complaint [PDF] in 2018. It claims that AWS is infringing on three Kove-held patents in cloud services, such as the Amazon S3 storage platform, as well as in its DynamoDB database service, and in other related products and services.
The trial came to a close yesterday (April 10), with the jury finding in favor of Kove and awarding it damages of over half a billion dollars. AWS said it intends to appeal the [3]verdict , which acknowledged that the company had not willfully infringed on the patents in question.
[4]
The technology at the center of the case relates to distributed hash tables, a decentralized system used to store and retrieve data, with the data in this instance being the location information for specific data files in a scale-out data storage platform.
[5]
[6]
Those patents in question are US Patent numbers 7,814,170 ('170) "Network Distributed Tracking Wire Transfer Protocol"; 7,103,640 ('640) "Network Distributed Tracking Wire Transfer Protocol"; and 7,233,978 ('978), aka "Method and Apparatus for Managing Location Information in a Network Separate From the Data to Which the Location Information Pertains."
Kove names Dr John Overton and Dr Stephen Bailey as the inventors of the technology involved, with Overton serving as the company's CEO.
[7]
In its complaint, Kove states that the pair "realized that storing location information associated with data files across multiple servers would reduce the processing time to find a data file." Likewise, it says that the inventors "understood the need to efficiently identify which of the multiple location information servers stored the location information for a particular data file."
The result was distributed hash values that point to a location information server. While the server may not have the location information for the file the user is requesting, it will reroute to another server that does have the information.
This system "enabled hyper-scalable cloud storage and improved upon the scalability limitations of conventional storage systems," Kove states.
[8]
In its complaint, Kove claims that its technology "became essential to AWS as the volume of data stored on its cloud grew exponentially and its cloud storage business faced limitations on the ability to store and retrieve massive amounts of data."
AWS issued a fairly hefty 56-page packet of denials and [9]counterclaims [PDF] in 2020, denying it had infringed the patents in question and arguing that the patents were actually invalid and therefore unenforceable.
[10]US-EAST-1 region is not the cloudy crock it's made out to be, claims AWS EC2 boss
[11]Huawei Cloud reveals the dynamic traffic allocation system it uses to cut bandwidth bills
[12]Irish power crunch could be prompting AWS to ration compute resources
[13]AWS severs connection with several hundred staff
In particular, AWS referred to a paper entitled "Consistent Hashing and Random Trees: Distributed Caching Protocols for Relieving Hot Spots on the World Wide Web," by David Karger et al, which it cited as prior art to the '978 patent.
However, when it came to trial, the AWS counterclaims of non−infringement, invalidity, unpatentability, and unenforceability of the three patents were all dismissed.
A spokesperson for AWS told The Register : "We disagree with today's ruling and intend to appeal. We thank the jury, which also acknowledged that AWS did not willfully infringe on patents."
We also asked Kove for a statement, but the company was not immediately available to respond.
However, according to [14]Reuters , Kove's lead attorney Courtland Reichman called the verdict "a testament to the power of innovation and the importance of protecting IP rights for startup companies against tech giants."
It is notable that none of the Kove patents in the case were actually granted by the US Patent and Trademark Office before the [15]launch of Amazon S3 , the first AWS service, on March 14, 2006. However, Kove states in its complaint that applications relating to these patents were filed on July 8, 1998, perhaps implying that Amazon should have been aware of the filings before the launch of its cloud platform.
The damages of $525 million will be a drop in the ocean to Amazon, however, which [16]recently reported overall revenue of $170 billion for Q4 of its financial year 2023, of which $24.2 billion was contributed by AWS. ®
Get our [17]Tech Resources
[1] https://kove.com/
[2] https://regmedia.co.uk/2024/04/11/original_kove_io_complaint_2018.pdf
[3] https://regmedia.co.uk/2024/04/11/verdict.png
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/storage&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZhgJGa7PW82K8pazhEqZMAAAAJg&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/storage&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZhgJGa7PW82K8pazhEqZMAAAAJg&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/storage&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZhgJGa7PW82K8pazhEqZMAAAAJg&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/storage&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZhgJGa7PW82K8pazhEqZMAAAAJg&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/storage&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZhgJGa7PW82K8pazhEqZMAAAAJg&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[9] https://regmedia.co.uk/2024/04/11/1_may_2020_amazons_answers_counterclaims.pdf
[10] https://www.theregister.com/2024/04/10/aws_dave_brown_ec2_futures/
[11] https://www.theregister.com/2024/04/10/huawei_cloud_streaming_network_optimizer/
[12] https://www.theregister.com/2024/04/09/aws_resource_restrictions/
[13] https://www.theregister.com/2024/04/03/amazon_aws_layoffs/
[14] https://www.reuters.com/legal/amazon-owes-525-mln-cloud-storage-patent-fight-us-jury-says-2024-04-11/
[15] https://press.aboutamazon.com/2006/3/amazon-web-services-launches
[16] https://www.theregister.com/2024/02/02/amazon_q4_2023/
[17] https://whitepapers.theregister.com/
Standard lawyering
Would that be a pretty standard way for any lawyer to describe multiple reasons against something? Asking because fortunately I do not have first-hand experience with a courtroom.
Re: Standard lawyering
As they've already been found guilty and fined over half a billion dollars... so they're now trying to justify that they 'should' be allowed to infringe them.
Just like trump's defence all along hasn't been that he's innocent... but trying to give reasons why he should be allowed to commit those crimes.
The USPTO is notorious for rubber stamping patent applications and letting the courts determine legitimacy. So I have know clue whether this is Amazon walking over a little guy or beating up on a patent troll.
Plantents
This is quite ridiculous.
These things should have never been allowed to be patented.
Then they don't contain any inventions.
This is often driven by investors requiring company to patent anything that moves, so in case the company folds they can have patents to troll with and recoup some of their investment.
The first of the patents was filed in 2000.
DHTs don't seem to have appeared in the wild until 2001 or so, in Gnutella, Limewire, Azureus, Bittorrent etc, and the applicability to file system block maps has some novelty.
If I were Amazon, I'd be annoyed at the patentability too, but the timeline doesn't look great for them.
Specifically, the claimed inventions provide a process by which a client can send a data request to a location server, and if that location server does not contain location information for the requested data, it responds with a redirect message that specifies which location server contains the relevant location information
This is some bollocks. I know because I have developed such system well before 2000 as we were grappling with various limitations of network and computers then.
I am sure many others did as well, because that's what you were doing.
I wouldn't even think of patenting such process, because that's just common sense.
Are Amazon taking a page out of the trump defence playbook... or is it the other way round?
We didn't infringe the patents, but if we did, they're invalid.