Deadline.com provided the complaint and if I did it right, the complaint should be a link in this post.
I am amazed that a small "startup" company would hire a one lawyer firm to bring a patent lawsuit against Disney concerning technology that Disney has invested (so the rumor goes) about $2 billion to develop.
The complaint is noticeably sparse on exactly how MyMagic+ infringes on the patents. Paragraph 13 alleges:
Disney has installed its attendance tracking system at a number of its theme or amusement parks at Walt Disney World Resort also known as Walt Disney World also known as Disney World (“Disney World”) where the system is used, among other things, to track attendance at each park, to track attendance on a system known as “FastPass,” to monitor a record of attendees at the parks and Disney hotels, to maintain a record of those utilizing FastPass, and to maintain a record of purchases made by attendees at the parks, all utilizing elements which infringe the 705 patent.
Understand that I could read the patents and not have a clue what they mean; I could even compare Disney's patents to InCom's patents and still be clueless (that is the benefit of having two degrees in music) but the description in the complaint is problematic for three reasons.
First, it does not recognize that there is a difference between "FastPass" and "FastPass+". In the patent world, attention to detail is crucial and this is a glaring error. It is fixable but the fact that the error was made tells me volumes about the level of research done prior to fling the complaint.
Second, the above paragraph seems to say, as Jeff points out, that anyone who uses RFID technology to "track attendance" or, as Mike points out, to pay for traffic tolls, would allegedly be violating this patent.
Third, the named defendant is the "Walt Disney Company" but Disney routinely takes the position that this company is a holding company for the other Disney corporations. Walt Disney Parks and Resorts operates the parks and, so I assume, is developing MyMagic+. Again, attention to detail is everything.
Fourth, even if the correct terminology were used, I think it far too simplistic to say that MyMagic+ or FastPass+ or magic bands simply "track attendance" or "monitor a record of attendees at the parks." The article Doc linked to stated that InCom developed the technology to simplify or streamline the task of taking attendance at schools. I always get suspicious when a lawyer tries to shoe-horn factual allegations to fit his legal theory (it should work the other way around). Saying MyMagic+ is about "tracking attendance" is like saying Mozart's greatest work was
Twelve Variations on "Ah vous dirai-je, Maman" (the melody used for Twinkle Twinkle, Little Star). (Don't get me wrong, I like Twelve Variations but everyone knows that Mozart's Horn Concertos are his greatest work.
)
But we live in the age of sensationalistic news so this complaint will get a lot of attention.
