Twitter co-founder sues WU professor over patent

| News Editor

Square is a device that plugs into devices such as smart phones and iPads, enabling the user to have a credit card reader at any time, anywhere.Courtesy of 2011 Square Inc.

Square is a device that plugs into devices such as smart phones and iPads, enabling the user to have a credit card reader at any time, anywhere.

A Washington University professor is being sued by Twitter co-founder Jack Dorsey over the patent rights to Square, a device that Time Magazine heralded as among the top 50 inventions of 2010.

Robert Morley, the defendant, is an associate professor of electrical engineering at the University.

Square, a small plug-in device that reads credit cards, allows vendors to take their business on the go. Square is compatible with iPhones, iPads and Android-powered phones. It charges users a 2.75 percent fee on swiped sales.

Dorsey, who is also the Square CEO, has joined Jim McKelvey, owner of a local glass factory, in suing Morley’s company, REM Holdings 3 LLC.

McKelvey claims that he originally thought of the idea for Square in order to help his own business.

Morley, who declined to comment, currently has sole ownership of the patent for the technology behind Square and maintains that he had no help from McKelvey in developing the device.

According to Denise Lieberman, an adjunct professor in the political science department and in the law school, the difference between a patent and a copyright, in this case, is important.

According to Lieberman, a patent refers to a specific process, whereas a copyright covers the idea behind that process. McKelvey’s claims follow the lines of a copyright more than a patent.

To lay claim to any patent rights, Lieberman said, McKelvey would have to show, with concrete evidence, that his own ideas were involved with how Square will actually work, not just that he thought of the concept.

According to Scott Granneman, an adjunct professor of communications and journalism in University College, future arguments may be in store if McKelvey is added to the Square patent.

“The problem comes in if you have two patent holders who have completely different conceptions of what they want to do with the patent,” he said.

Patent lawsuits are often complicated and expensive, giving lawyers and large companies strong incentive to settle quickly.

According to Granneman, the duration and difficulty of this particular case will depend on how much competing evidence each side brings to the table.

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