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Patent fight with Microsoft given new life







Patent fight with Microsoft given new
life

Patent fight with Microsoft given new
life
07/07/2004 09:40 AM

Encinitas inventor William Louis has been fighting Microsoft Corp. since 1998 over patents for ergonomic keyboards – with very little success. Yesterday, he finally had something to smile about. A federal appeals court resurrected Louis' long-running federal lawsuit accusing the software company of patent infringement. In the decision by the U.S. Court of Appeals for the Federal Circuit, the court said a U.S. District Court judge in San Diego made a mistake when she ruled that patents held by TypeRight Keyboard Corp. for V-shaped keyboards with wrist rests were invalid. Louis co-founded TypeRight in the early '90s.




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My cow-orker Jason Schultz is running EFF's patent-busting project, and high on his list of damaging Internet patents is Acacia Research's patent on streaming media. Acacia has pursued this patent by targetting porn companies and extracting settlements in order to fund a war-chest that it is now using to sue bigger media entities -- presumably this trail ends with orgs like the BBC, CBC, and Live365.

Adult Video News (AVN) interviewed Jason and some of the Acacia people about the ongoing work to bust the patent, and the Acacia people busted out this bizarre analogy about stealing SUVs. Jason's repsonse was classic:

Acacia executive vice president Robert Berman said he found it interesting that the EFF is interested in preserving some rights, like free speech, while being willing to ignore others, like property rights... "For example, if someone broke into your garage and stole your SUV, and put a speaker on the top, and was driving around the neighborhood making some political statement, trying to get your SUV back wouldn't be trying to stifle free speech, it would be you trying to get your property back. If somebody is using your property, you have a right to stop them or receive a license or receive royalties..."

"There's no question now that an SUV in your garage is something you own. But here there's a real question as to whether Acacia actually invented anything new or simply is claiming monopoly on technology that millions of people use every day to express themselves," Schultz told AVNOnline.com.

"And the other thing is, I don't have to break into your garage to steal your SUV to express myself in the physical world. But I can't think of a modern Website, especially news Websites, that don't depend on streaming some kind of audio or video to express themselves on the Web. It has become a fundamental part of free expression online," he continued. "And I would say it has become the predominant method for artists and news organizations to connect to their audiences. [Acacia] doesn't want to own just the SUV, [they] want to own every single automobile and stereo system in the world, to use [their] contorted analogy."

Link

Whose Patent Is It, Anyway?


Whose Patent Is It, Anyway? 03/14/2005 06:16 PM
In one sector after another, companies warn that China's swift industrial rise is being greased by brazen and increasingly sophisticated theft of intellectual property.

Patent Reform?


Patent Reform? 06/05/2005 11:19 PM

I was reading Business Week and they had a little commercial section with ads from law firms. A couple of them were intellectual-property specialists and I snarled internally; whatever you think about patent law, as a longtime businessman I’m pretty convinced that the IP law profession, while it contains many good and intelligent people, is collectively a giant leech sucking money and time out of the community of innovators. Having said that, two of the lawyers’ blurbs jumped out at me; both about proposed US legislation which would institute a new process, within the PTO as opposed to the courts, for a quick challenge to the validity of a patent. This is important, because today, defending yourself against patent-infringement litigation is insanely expensive, $1M and up, way up. This is why most companies, in particular small companies, roll over and settle quickly when they get hit with this kind of lawsuit, no matter how dopey the patent is. Here are the two reports: Defending Against Patent Greenmail (which begins Patent “trolls” are currently the subject of much discussion...; most IP specialists don’t like to admit that patent trolls exist, but they do) and New USPTO Post-Grant Patent Opposition Legislation on Horizon. I think the high-tech business community ought to get behind this legislation, big-time. Everyone except the patent trolls.


Eolas Patent Taken Away


Eolas Patent Taken Away 03/06/2004 02:05 AM
The patent office finally got one right (though, it took quite a while). Despite tons of prior art, and a patent that was far from "non-obvious", Eolas convinced a judge to award them over half a billion dollars from Microsoft for using embedded applications within IE. Microsoft started talking about changing the browser in a way that would have broken many web sites. After quite a bit of outcry from many different places, the patent office finally agreed to review the patent, and on second thought, are now rejecting the Eolas patent. Did it really need to take this much time, this many lawyers and this much outcry just to get a single bad patent reviewed and rejected? Isn't it about time we fixed the patent system?

Don't fear the patent


Don't fear the patent 06/05/2005 11:35 PM
The European Parliament and European Commission are currently at loggerheads about software patents and the definition of "computer-implemented inventions." The open source community is trying desperately to stop any kind of patenting, while large IT corporations such as Microsoft are trying to lobby the parliament into allowing just about any software technique through. In the midst of all this, doomsayers have been predicting the death of Linux and open source software. Open source projects such as MPlayer are now posting huge "The End Is Nigh" notices on their sites. But things aren't as dark as they might seem.

Patent fight with Microsoft given new life

The following phrases have been identified by the grok system as matching this entry: intertrust patent invalidity business patent and decison overturned

















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