We at Blind Access Journal believe it is absolutely critical that everyone in the blind community understand how our assistive technology industry operates, how the competitors operate with respect to one another and how these interactions may impact the extent to which we are able to acquire access to the information and technology available in the world around us. It is to this end that we must, once again, report on another case in which Freedom Scientific is suing one of its competitors. This time, the defendant is GW Micro, makers of Window-Eyes, the second most popular screen reader in the world. In this latest lawsuit, Freedom Scientific claims that GW Micro has violated its patent number 6,993,707 concerning the implementation of support for placemarkers on web pages in Window-Eyes 7.0. Doug has posted an article entitled Do companies really compete on who has the best lawyers? to the GW Micro Blog in response to this lawsuit. We urge everyone to review the text of the complaint below, read Doug’s blog post, make your own judgements and let us know how you believe the connected online blind community should respond. We ask that you understand that this complaint has been acquired at our own expense, and considerable effort and time have been expended in order to provide its content in an accessible format. The text below does not represent an exact replication of the original Federal Court filing.

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

FREEDOM SCIENTIFIC, INC. – Plaintiff

Civil Action No.: 8:08-cv-01365-JDW-TBM Freedom Scientific, Inc. v. GW Micro, Inc.

GW MICRO, INC. – Defendant.

COMPLAINT AND JURY DEMAND

INJUNCTIVE RELIEF SOUGHT

1. Plaintiff Freedom Scientific, Inc. (“Freedom Scientific”) is a Delaware corporation with its principal place of business in St. Petersburg, Florida.
2. On information and belief, GW Micro, Inc. (“GW Micro”), is a corporation organized and existing under the laws of the State of Indiana and having a place of business at 725 Airport North Office Park, Fort Wayne, Indiana.
3. This action arises under the patent laws of the United States, 35 U.S.C. § 101 et seq.
4. This Court has subject matter jurisdiction under one or more of 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
5. GW Micro has infringed, and is continuing to infringe, Freedom Scientific’s United States patent identified below by making, importing, selling, offering to sell, and/or using within the United States certain computer software.

Count I (Patent Infringement)

6. Freedom Scientific repeats and realleges the foregoing paragraphs.
7. Freedom Scientific is the owner of United States Patent No. 6,993,707 (the ‘”707 patent”), issued on January 31, 2006, and has the right to sue on the ‘707 patent. A copy of the ‘707 patent is attached as Exhibit A.
8. GW Micro has infringed, and is continuing to infringe, the ‘707 patent by making, importing, selling, offering to sell, and/or using within the United States computer software covered by the ‘707 patent.
9. GW Micro has induced and contributed to infringement by others of the ‘707 patent by causing or aiding others to make, use, import, sell, and/or offer to sell goods covered by the ‘707 patent within the United States.
10. GW Micro’s infringement of the ‘707 patent is and has been willful, has caused and will continue to cause Freedom Scientific to suffer substantial damages, and has caused and will continue to cause Freedom Scientific to suffer irreparable harm for which there is no adequate remedy at law.

WHEREFORE, Freedom Scientific requests that this Court:

1. Enter a preliminary and permanent injunction enjoining GW Micro and its affiliates, subsidiaries, officers, directors, employees, agents, representatives, licensees, successors, assigns, and all those acting for any of them or on their behalf, or acting in concert with them, from further infringement of the ‘707 patent;
2. Award Freedom Scientific compensatory damages, costs, and interest for patent infringement;
3. Award Freedom Scientific treble damages for the willful infringement of the ‘707 patent;
4. Award Freedom Scientific its reasonable attorneys’ fees under 35 U.S.C. § 285;and
5. Award Freedom Scientific such other relief as the Court deems just and proper.

JURY DEMAND

Freedom Scientific demands a trial by jury on all issues so triable.

Respectfully submitted, FREEDOM SCIENTIFIC, INC.

Dated: July 15,2008

Case Summary and Attorneys from Court Filing

8:08-cv-01365-JDW-TBM Freedom Scientific, Inc. v. GW Micro, Inc.

James D. Whittemore, presiding

Thomas B. McCoun III, referral

Date filed: 07/15/2008

Date of last filing: 07/21/2008

Office: Tampa

Filed: 07/15/2008

Jury Demand: Plaintiff

Nature of Suit: 830

Cause: 35:145 Patent Infringement

Jurisdiction: Federal Question

County: Pinellas

Origin: 1

Plaintiff: Freedom Scientific, Inc.

represented by: Michael John Colitz, III

Phone: 813/227-6598

Fax: 813/229-0134

Email: michael.colitz@hklaw.com

Plaintiff: Freedom Scientific, Inc.

represented by: Matthew B. Lowrie

Phone: 617/395-7000

Plaintiff: Freedom Scientific, Inc.

represented by: Aaron W. Moore

Phone: 617/395-7000

Email: amoore@11-a.com

Plaintiff: Freedom Scientific, Inc.

represented by: Woodrow Heath Pollack

Phone: 813/227-8500

Email: woodrow.pollack@hklaw.com

Defendant: GW Micro, Inc.

The following note has been posted to ACB Radio public mailing lists by
Chrissie Cochrane, the station's managing director. I appreciate her good
words below. You can all be sure that, from time to time, we will be
providing content and making guest appearances on the show as we are able.

Hi Folks

It is with considerable regret that I have to announce that both Jeff Bishop
and Darrell shandrow are relinquishing both their production and hosting of
the now famous Main Menu show due to a steep increase in their other work
commitments. The first thing I want to do is thank both of them for their
hard work in both producing and hosting the show which has gone from
strength to strength during their tenure.

I am also open to offers for anyone who is willing to take on the task of
hosting and/or preparing this prestigious show. We need people who have a
good grounding in access technology, and a knowledge of streaming on the
internet. If people are interested, and have the time and the inclination
to take on this work, please write to me at chrissie@acbradio.org. I am
very open to ideas for any changes anyone may have to the format of the
show, after all, these things do not necessarily have to stay the same from
year to year, so as I say, if you are interested in either hosting the show,
or wish to be involved in its production, please write to me at
chrissie@acbradio.org.

This is a chance for someone to make a name for themselves in the access
technology field, as during Jeff and Darrell's time with the show, the
listener figures have been increasing steadily, but don't let that put you
off. Of course they will be a hard double act to follow though I'm sure
there are people out there who have ideas and would like to see them put
into reality.

So, if you're interested, please write to me at chrissie@acbradio.org and
let's start yet another era of first-class Main Menu shows.

Chrissie

Hello everyone,

Once again, ACB Radio is proud to provide exclusive live coverage of the
Friends in Art showcase from the ACB Convention. Join Chrissie Cochrane and
a team of ACB Radio broadcasters as they bring you a night of performances
by blind and vision impaired performers, live on stage at the convention in
Louisville Kentucky. The broadcast will get underway at or around 23:45
Universal, that's 7:45 pm US Eastern, and will probably run for something
like 3 hours.

We have set up a separate stream for this year's showcase. You will be able
to listen from the acbradio.org website or by clicking one of the following
links:

Broadband stream for Winamp: http://acbradio.org/special.pls
Broadband stream for Real Player: http://acbradio.org/special.ram
Broadband stream for Windows Media player: http://acbradio.org/special.wax
Broadband stream for other players: http://acbradio.org/special.m3u

Modem stream for Winamp: http://acbradio.org/special-low.pls
Modem stream for Real PLayer: http://acbradio.org/special-low.ram
Modem stream for Windows Media PLayer: http://acbradio.org/special-low.wax
Modem stream for other players: http://acbradio.org/special-low.m3u

We hope you are enjoying our convention broadcasts and look forward to you
joining us for the Friends in Art Showcase, only on ACB Radio.

This is just a quick note to all of you loyal Blind Access Journal readers to let you know that, as of July 18, my position with my current employer is being eliminated due to circumstances completely outside of my control. At that time, I will be available for contract or permanent employment. If you are interested in availing yourself of my services, or you have any ideas about how I may be able to acquire new employment, please send a note to editor@blindaccessjournal.com and I will get back in touch with you right away. Thank you for reading.

The WGBH – Carl and Ruth Shapiro Family National Center for Accessible Media
(NCAM) has published a new Outreach and Policy Paper, Digital Television and
Video Description: Service Continues, Consumer and Industry Efforts Required

Most consumers are just now becoming aware of the mandated transition from
analog to digital broadcasting scheduled for February of 2009 and how it
will affect the TV viewing that they rely on daily. Blind or deaf consumers
who purchase digital TV sets, and subscribe to cable, satellite or
fiber-optic TV services have expressed frustration with set-up, reception
and incompatibility problems regarding access services (captioning and video
description), few of which are understood or even documented by
manufacturers and retailers.

In addition, people who want to continue receiving free over-the-air
broadcasts using their analog sets and an antenna must purchase a set-top
converter box to do so – and figure out how to make captions and
descriptions work for them. NCAM previously published an overview of
problems confronting deaf or hard-of-hearing people trying to access
captions via DTV or through a converter box. The "DTVCC" paper can be found
on NCAM's Web site listed below.

This new paper focuses on challenges facing blind or low vision viewers who
rely on video description to enjoy and fully understand television
programming. Topics covered include:

– Set-top Converter Boxes
– Accessible Menus
– Tips for Finding Video Description in DTV
– Troubleshooting
– and a Technical Note about PSIP (or Program and System Information
Protocol)

This paper, along with much more information about the DTV conversion from a
variety of resources, can be found at NCAM's DTV Access site,

http://dtvaccess.org or http://ncam.wgbh.org/dtv

We want to hear from you…
NCAM has established a one-way e-mail address, dtvaccess@wgbh.org, as an
aggregator of complaints and problems related to the DTV rollout. If you
send a report about a DTV access problem to this address, you will receive
an automatic response that says that your report has been received and that
we are gathering information but cannot respond to your inquiry, and that we
will pass along common issues to relevant parties.

—
Mary Watkins
Director of Communications and Outreach
Media Access Group at WGBH
mary_watkins@wgbh.org
http://access.wgbh.org
One Guest Street
Boston, MA 02135
617 300-3700 v/fax
617 300-2489 TTY

WGBH Boston informs, inspires, and entertains millions through public
broadcasting, the Web, educational multimedia, and access services for
people with disabilities.