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In Favor of Software Patents...Why?
,----[ Quote ]
| His take is that by only allowing for seven
| years, "patent trolls" lying in wait to
| pounce on a technology to become successful
| would lose their window in which to sue.
| This of course ignores the cases where
| lawsuits are filed almost immediately after
| a patent is rewarded.
`----
http://www.techdirt.com/articles/20100304/1115108416.shtml
I Hear The Weather's Nice In East Texas, Too, But I Doubt That's Why Patent Litigants Move There...
http://techdirt.com/articles/20100311/0023488515.shtml
In Determining Proper Venue, Court Will Not Scrutinize Plaintiff's Reason For Relocation To The Eastern District of Texas
http://docketreport.blogspot.com/2010/03/in-determining-proper-venue-court-will.html
Dutch see Orange Book differently; Philips prevails again
,----[ Quote ]
| The relationship between IP and competition
| law is one of the hottest topics in IP law.
| It now seems that two respected European
| courts have come to different conclusions
| on the applicability of the "competition
| law defence" (although in the result, the
| decisions do not differ).
`----
http://ipkitten.blogspot.com/2010/03/dutch-see-orange-book-differently.html
Adaptec's caching card uses MS code
,----[ Quote ]
| Adaptec has announced benchmark results for
| its MaxIS solid state drive (SSD) caching
| card and revealed it's based on licensed
| Microsoft code.
|
| [...]
|
| Adaptec said it licensed ideas from
| Microsoft about using SSDs as read caching
| devices. Its release about the benchmark
| quoted David Kaefer, general manager of
| Microsoft's Intellectual Property
| Licensing, saying: "When our datacenter
| team came up with some innovative ideas
| around using solid state devices as read
| caching devices, we determined it made good
| sense to license these advances to Adaptec
| because Microsoft itself doesn't sell these
| types of products."
`----
http://www.theregister.co.uk/2010/03/26/adaptec_maxiq_microsoft/
Adaptec MaxIQ SSD Caching Solution With Microsoft Technology Demonstrates Dramatic I/O Acceleration
http://www.prnewswire.com/news-releases/adaptec-maxiq-ssd-caching-solution-with-microsoft-technology-demonstrates-dramatic-io-acceleration-89096467.html
7 Patent Lawsuits That Affect Your Tech
http://www.pcworld.com/article/192004/not_all_who_sue_are_trolls_virnetx_v_microsoft_and_tecsec_v_the_world.html
http://www.pcworld.com/article/192001/old_school_lucent_v_microsoft.html
Theora More of a Patent Threat than H264? Wait, What?
,----[ Quote ]
| To sum up: first, submarine patents have
| been impossible for the past 15 years,
| which severely limits this supposed threat.
| Second, the patent claims against Theora
| come from its competitor, and not from a
| neutral party; the threats are well-
| countered by Xiph. Third, Google supporting
| Theora so openly effectively means that
| Google believes that Theora's patent threat
| is minimal.
|
| In fact, this last part is delightfully
| interesting in light of Apple's original
| complaint against Theora. Back in 2007,
| Apple's Maciej Stachowiak argued that while
| Ogg/Theora/Vorbis are free of patents now,
| they might get into trouble later on.
`----
http://www.osnews.com/story/23058/Theora_More_of_a_Patent_Threat_than_H264_Wait_What_
Who Needs Flash? CBS Prepares HTML5 Player for iPad
,----[ Quote ]
| What it also means is that it drives HTML5
| farther towards a proprietary
| implementation. H.264 patents are owned by
| a group of companies who license the format
| through independent Denver-based MPEG LA,
| LLC. In countries that uphold software
| patents (like the U.S.), both browser
| makers (like Apple) and commercial content
| providers (like CBS) may have to pay to use
| the codec.
`----
http://www.dailytech.com/Who+Needs+Flash++CBS+Prepares+HTML5+Player+for+iPad/article17976.htm
More Patent 101, and some Patent Licensing 201 (advanced class ;)
,----[ Quote ]
| The problem here â with software patents in
| particular- is that they are so numerous,
| so broadly worded, and so inconsistently
| worded, that searching for them is like
| searching for a submarine in the ocean. It
| is incredibly difficult, incredibly
| expensive, and very frequently ineffective
| to look for the ones that could torpedo
| your software product. And so most of the
| industry doesnât bother- they just cross
| their fingers and hope.
`----
http://tieguy.org/blog/2010/03/26/more-patent-101-and-some-patent-licensing-201-advanced-class/
Another Linux Lawsuit Storm Brewing?
,----[ Quote ]
| Now that Microsoft's big operating systems,
| Windows 7 and Windows Server 2008, are on
| store shelves, is it time again for them to
| pick up the legal sledgehammer and go after
| Linux? I think the evidence for it is
| mounting. Microsoft has signed a deal with
| Novell, penned an agreement with Red Hat,
| sued and won against TomTom, signed a
| secret deal with Amazon, has lost costly
| suits against Uniloc and VirnetX and lost
| an appeal in its case against i4i. But this
| time, they're going to go for the jugular
| with a broad and sweeping patent
| infringement suite against major Linux
| adopters that haven't signed
| indemnification deals with them.
`----
http://www.daniweb.com/news/story271072.html
Amazon.com: 'Method And System For Placing A Purchase Order Via A Communications Network'
http://www.ipjur.com/blog2/index.php?/archives/143-Amazon.com-Method-And-System-For-Placing-A-Purchase-Order-Via-A-Communications-Network.html
False Marking: Lobbying against the Senate Bill
,----[ Quote ]
| The false patent marking law imposes a fine
| on companies that label unpatented products
| as patented âfor the purpose of deceiving
| the public.â Currently, the law allows any
| citizen to sue false markers on behalf of
| the federal government and any fine awarded
| by the court is split between the citizen
| who brought the case and the government.
`----
http://www.patentlyo.com/patent/2010/03/false-marking-lobbying-against-the-senate-bill.html
UK keeps three times as many patents secret as the US
,----[ Quote ]
| UK patents are being declared state secrets
| more than three times as often as those
| filed in the US, according to information
| released to New Scientist.
|
| An average of nine secrecy orders were
| imposed for every 10,000 patents filed in
| the UK since 2003, compared with less than
| three per 10,000 filed in the US, figures
| released for the first time by the UK
| Intellectual Property Office (IPO) reveal.
`----
http://www.newscientist.com/article/dn18691-uk-keeps-three-times-as-many-patents-secret-as-the-us.html?DCMP=OTC-rss&nsref=online-news
MBTA sued for patent infringement over e-mail alerts on late trains, buses
,----[ Quote ]
| A pair of foreign companies today sued the
| MBTA, alleging the system it uses to notify
| passengers of late trains and buses
| violates two patents they hold for
| compiling information on the whereabouts of
| vehicles and then notifying people of their
| status.
`----
http://www.universalhub.com/2010/mbta-sued-patent-infringement-over-late-train-aler
Boston Transit Authority Sued For Patent Infringement... For Letting You Know Your Train Is Running Late
http://techdirt.com/articles/20100323/0305388670.shtml
Apple Files Mobile Social Networking Patent Request
,----[ Quote ]
| A recently disclosed patent request
| suggests Apple may be working on a mobile
| social networking application that would
| presumably let iPhone users form ad-hoc
| groups based on their locations.
`----
http://www.pcworld.com/article/191934/apple_files_mobile_social_networking_patent_request.html?tk=rss_news
Tool Maker Loses Lawsuit For Not Violating Another Company's Patents
,----[ Quote ]
| Patent system supporters regularly point
| (slightly misleadingly) to the claim that
| the patent system gives patent holders the
| right to exclude others from using their
| inventions. And, thus, most lawsuits we see
| around patents revolve around cases
| involving a company manufacturing a product
| that includes a patented invention. But
| what about a lawsuit for a company that
| deliberately chose not to license or use a
| patented technology, because it was too
| expensive?
|
| Welcome to today's world.
`----
http://techdirt.com/articles/20100318/1240568623.shtml
Saint Tim Berners-Lee
,----[ Quote ]
| Here's a fine piece of hagiography, with a
| really excellent conclusion that touches on
| those diabolical software patents:
|
| The founders of Google and Microsoft
| have made their fortunes out of the
| world wide web, as have numerous other
| dot-com entrepreneurs. Sir Tim, though,
| has never cashed in on his brilliant
| idea. He doesnât have a yacht or a
| mansion or a private jet. But neither
| does he have any regrets about his lack
| of wealth.
`----
http://opendotdotdot.blogspot.com/2010/03/saint-tim-berners-lee.html
Guest View: The uneasy future of software and business-method patents
,----[ Quote ]
| The software-related and business-method
| patent markets are depressed, and there is
| little hope for a bailout. A federal
| appeals court decision, In re Bilski,
| rendered a multitude of business-method
| patents illegitimate, and the Supreme
| Courtâs decision in the case, which could
| come as soon as next week, could cause even
| greater damage. The United States Patent
| and Trademark Office (USPTO), at least,
| seems to be anticipating a more restrictive
| decision.
`----
http://www.sdtimes.com/GUEST_VIEW_THE_UNEASY_FUTURE_OF_SOFTWARE_AND_BUSINESS_METHOD_PATENTS/By_E_ROBERT_YOCHES_ERIKA_H_ARNER_HUZEFA_KAPADIA_UTTAM_DUBAL/About_PATENTS/34224
HTC CEO says Q1 results better-than-expected
,----[ Quote ]
| Earlier this month, Apple sued Taiwan-based
| HTC and accused it of infringing 20
| hardware and software patents related to
| the iPhone.
`----
http://www.reuters.com/article/idUSN237786920100324?type=marketsNews
USPTO Awards Arc Flash Software Patent to EDSA
,----[ Quote ]
| EDSA, the leading developer of power
| analytics solutions for the design,
| testing, and management of complex
| electrical power systems, today announced
| that is has been awarded a patent from the
| U.S. Patent and Trademark Office for its
| Paladin Real-time Arc Flash Advisorâ
| software. It marks another significant
| patent award for EDSA, as the Company
| increases its technological lead in the
| emerging field of Power Analyticsâ.
`----
http://www.azobuild.com/news.asp?newsID=9693
Is this the end of gene patenting?
http://www.newscientist.com/blogs/shortsharpscience/2010/03/us-court-declares-us-breast-ca.html?DCMP=OTC-rss&nsref=online-news
Myriad Loses Ruling Over Breast Cancer-Gene Patents
http://www.businessweek.com/news/2010-03-29/myriad-loses-ruling-over-breast-cancer-gene-patents-update1-.html
Breaking: District Court Rules Myriad Breast Cancer Patents Invalid
http://www.genomicslawreport.com/index.php/2010/03/29/breaking-district-court-rules-myriad-breast-cancer-patents-invalid/
Judge: Gene Patents Are Invalid
http://techdirt.com/articles/20100329/1506458769.shtml
More On The Gene Patent Ruling: What Happens Next
http://techdirt.com/articles/20100330/0331488784.shtml
And... Here Come The iPad Patent Claims
,----[ Quote ]
| Given all of this, it was really only a
| matter of time until the patent litigation
| began flying over the iPad. Slashdot points
| us to the news that Elan Microelectronics
| is seeking to ban the import of iPads into
| the US via the ever-popular ITC loophole.
`----
http://www.techdirt.com/articles/20100330/1102228789.shtml
Amazon's new patent could make returns harder
,----[ Quote ]
| A new patent awarded to Web retailer
| Amazon.com could change what customers see
| in their shipping confirmation e-mails, as
| well as making falsely problematic returns
| more difficult.
`----
http://news.cnet.com/8301-27076_3-20001460-248.html
New Amazon patent: sending video of orders being boxed
http://techflash.com/seattle/2010/03/amazon_patents_new_customer_service_video_of_orders_being_boxed.html
Neelie Kroes Vice President of the European Commission Commissioner for the Digital Agenda Economic growth in Europe Address at TEFAF ICT Business Summit Maastricht, The Netherlands, 12th March 2010
,----[ Quote ]
| To give you one example of the barriers to smart growth: protecting a patent is 13 times more expensive in the EU than in the US. How does that help you as entrepreneurs? It does not!
`----
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/87&format=HTML&aged=0&language=EN&guiLanguage=en
The Patent System Does Not Scale
http://techdirt.com/articles/20100322/1845488662.shtml
Open Invention Network Extends the Linux Ecosystem as Guest-tek(TM) Becomes Licensee
,----[ Quote ]
| Open Invention Network (OIN), the company
| formed to enable and protect Linux, today
| extended the Linux ecosystem with the
| signing of Guest-tekâ as a licensee. By
| becoming a licensee, Guest-tekâ has joined
| the growing list of companies that
| recognize the importance of participating
| in a substantial community of Linux
| supporters and leveraging the Open
| Invention Network to further spur open
| source innovation.
`----
http://www.earthtimes.org/articles/show/open-invention-network-extends-the,1226252.shtml
Thumbs down for software patents in NZ
,----[ Quote ]
| Open source software champions have been
| influential in excluding software from the
| scope of patents in the new Patents Bill.
|
| Clause 15 of the draft Bill, as reported
| back from the Commerce Select Committee,
| lists a number of classes of invention
| which should not be patentable and includes
| the sub-clause âa computer program is not a
| patentable invention.â
|
| âWe received many submissions concerning
| the patentability of computer programs,â
| says the committee in the preamble to the
| Bill. âUnder the Patents Act 1953, computer
| programs can be patented n New Zealand,
| provided they produce a commercially useful
| effect.
`----
http://computerworld.co.nz/news.nsf/news/thumbs-down-for-software-patents-in-nz
Patents On Breast Cancer Genes Ruled Invalid In ACLU/PubPat Case
,----[ Quote ]
| Patents on genes associated with hereditary
| breast and ovarian cancer are invalid,
| ruled a New York federal court today. The
| precedent-setting ruling marks the first
| time a court has found patents on genes
| unlawful and calls into question the
| validity of patents now held on
| approximately 2,000 human genes. The ruling
| follows a lawsuit brought by a group of
| patients and scientists represented by the
| American Civil Liberties Union and the
| Public Patent Foundation (PUBPAT), a not-
| for-profit organization affiliated with
| Benjamin N. Cardozo School of Law.
`----
http://www.aclu.org/free-speech-womens-rights/patents-breast-cancer-genes-ruled-invalid-aclupubpat-case
Supreme Court expected to rule on Bilski case soon
,----[ Quote ]
| The Supreme Court could issue a decision
| any day on a controversial case limiting
| business method and software patents. Legal
| experts expect the court will uphold the
| Bilski decision but may call for the
| Federal Circuit court broaden a test of
| what can be patentable it set in that case.
|
| In 2008, the Federal Circuit Court upheld a
| decision from the U.S. Patent and Trademark
| Office rejecting a 1997 patent application
| filed by Bernard Bilski on a business
| method for hedging financial trades. In its
| decision, the Federal court laid down a
| controversial test for any patent: it has
| to be tied to a device or transform
| something physical.
`----
http://www.eetimes.com/news/semi/showArticle.jhtml?articleID=224200823
Elan Seeks to Block Apple Ipad Sales Over Patent
,----[ Quote ]
| Elan Microelectronics Corp., a Taiwanese
| maker of chips and touch-screens, asked a
| U.S. trade agency to ban the import and
| sale of some Apple Inc. products, including
| the forthcoming iPad, because of alleged
| patent infringement.
|
| Elanâs complaint filed yesterday with the
| U.S. International Trade Commission in
| Washington claims Apple âknowingly and
| deliberatelyâ used Elanâs technology, while
| continuing to introduce infringing
| products, the company claims in the
| complaint. The petition also seeks to ban
| imports of the iPhone and iPod Touch
| products, Elan said in the complaint.
|
| âOur goal is to protect our technology and
| to stop sales of those products in the
| U.S.,â Dennis Liu, spokesman for Hsinchu,
| Taiwan-based Elan, said by phone today.
`----
http://www.bloomberg.com/apps/news?sid=aAUwSSjk1Qjk&pid=20601087
Multi-touch Tech Firm Seeks iPad Sales Injunction
http://www.enterprisemobiletoday.com/news/article.php/3873586/Multi-touch-Tech-Firms-Seeks-iPad-Sales-Injunction.htm
US Gene Patents Thrown Out: Software Patents Next?
,----[ Quote ]
| There's been an important development in
| the world of US patents:
|
| Patents on genes associated with
| hereditary breast and ovarian cancer are
| invalid, ruled a New York federal court
| today. The precedent-setting ruling marks
| the first time a court has found patents
| on genes unlawful and calls into question
| the validity of patents now held on
| approximately 2,000 human genes.
|
| That's notable because it asserts
| definitively (well, subject to appeals)
| that genes are not patentable matter â
| overturning decades of practice. Here's
| what the judge said on the issue:
|
| Judge Sweet, however, ruled that the
| patents were âimproperly grantedâ because
| they involved a âlaw of nature.â He said
| that many critics of gene patents
| considered the idea that isolating a gene
| made it patentable âa âlawyerâs trickâ
| that circumvents the prohibition on the
| direct patenting of the DNA in our bodies
| but which, in practice, reaches the same
| result.â
|
| Note that it singles out âa âlawyerâs
| trickâ that circumvents the prohibition on
| the direct patenting of the DNA in our
| bodies but which, in practice, reaches the
| same resultâ. That's interesting, because
| it is essentially the same technique that
| is used in the world of software patents.
`----
http://www.computerworlduk.com/community/blogs/index.cfm?blogid=14&entryid=2880
More On The Gene Patent Ruling: What Happens Next
http://www.techdirt.com/articles/20100330/0331488784.shtml
No Software Patents in New Zealand?
,----[ Quote ]
| So, there you are. New Zealand MPs of all
| parties are to be congratulated on
| recognising, what to many, for many years,
| has been patently obvious. There are some
| members of that committee that paid
| particular attention to the detail of the
| debate, there were also lots of submissions
| made be patent lawyers in favour of
| patents.
`----
http://passthesource.org.nz/2010/03/30/no-software-patents-in-new-zealand/
Patents: is the sky about to fall?
,----[ Quote ]
| This morning AEST, we have Horacio
| Gutierrez, corporate vice-president and
| deputy general counsel, issuing a statement
| in support of Apple's lawsuit.
|
| Of course, Gutierrez, like many of his
| colleagues, loves to instill as much fear
| as he can among all and sundry in order to
| hike up the fear factor. This is a tactic
| that has been used by companies,
| governments and individuals since time
| immemorial. (As an aside, the BBC's Adam
| Curtis released a wonderful documentary
| about this a few years ago.)
|
| Microsoft never misses a chance to try and
| scare smaller companies for all kinds of
| reasons.
`----
http://www.itwire.com/opinion-and-analysis/open-sauce/37692-patents-is-the-sky-about-to-fall
Parade GCU Squad @ Solution Linux 2010
http://www.dailymotion.com/video/xcoq7f_parade-gcu-squad-solution-linux-201_tech
Consulter le centre de compÃtences
http://www.lemondeinformatique.fr/actualites/lire-microsoft-ne-fait-pas-l-unanimite-sur-le-salon-linux-30197.html
Why I Am Against Software Patents
,----[ Quote ]
| Still others expect me to argue that the
| greater good â a dangerous phrase if ever
| there was one â demands that software be
| unpatentable. That Nathan Myhrvoldâs
| Intellectual Ventures is the epitome of
| evil in the world, with a revenue model
| based strictly on extracting value from an
| antiquated patent system that has been
| mistakenly applied to an industry that
| requires no such protections. But while I
| personally believe that Myhrvoldâs company
| is based entirely on extracting profit from
| a broken system rather stimulating
| invention as he claims â that Intellectual
| Ventures is just a version of those
| infomercials seeking ignorant âinventorsâ
| to exploit writ large â this isnât why Iâm
| against software patents.
`----
http://redmonk.com/sogrady/2010/03/19/software-patents/
Andrew Tridgell on Patent Defense
,----[ Quote ]
| Well worth reading, especially in light of
| increasing patent-based FUD attacks against
| Linux from Microsoft and the doom-and-
| gloom appeasement arguments and anti-
| community actions from Microsoft lackeys.
`----
http://www.the-source.com/2010/03/andrew-tridgell-on-patent-defense/
Transcript: Andrew Tridgell on Patent Defence
http://news.swpat.org/2010/03/transcript-tridgell-patents/
HTC Heads Speak Up Against Apple
http://www.blog.best-mobile-contracts.co.uk/2010/03/htc-phones/htc-heads-speak-up-against-apple.html
Apple v. HTC: Who's on First, Who's at Risk?
,----[ Quote ]
| The fact that Google issued a statement in
| support of HTC before HTC even commented on
| the lawsuit also lends credence to the idea
| that Apple is actually gunning for Google
| here.
`----
http://www.itbusinessedge.com/cm/blogs/bentley/apple-v-htc-whos-on-first-whos-at-risk/?cs=40189
Single Touch To Buy Microsoft Patent Portfolio
http://www.tradingmarkets.com/news/press-release/msft_sito_single-touch-to-buy-microsoft-patent-portfolio-854870.html
Google, Microsoft, Yahoo Granted Similar Patents
,----[ Quote ]
| Three patents granted Tuesday to Google,
| Microsoft and Yahoo describe how each
| search engine might take a close look at
| page addresses, or URLs on dynamic Web
| sites, which can often include large
| amounts of information, Bill Slawski tells
| us.
`----
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=124384
Director of the USPTO, David Kappos, to Speak at New York Law School on the Future of the Patent Office
http://www.nyls.edu/news_and_events/releases/david_kappos_uspto
Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented
,----[ Quote ]
| It's pretty difficult to find software
| engineers who take the patent system
| seriously. There are a few, but it's still
| pretty difficult. For the most part, they
| recognize that code is just a tool: you can
| make it do all sorts of things, given
| enough time and resources, but that doesn't
| mean that doing any particular thing in
| code is an "invention" that no one else
| should be able to do. And then, sometimes,
| they discover that something pretty basic
| and old has suddenly been given a patent.
| Brad Feld discusses his discovery that
| doubly linked lists were apparently
| patented in 2006 (patent number
| 7,028,023)...
`----
http://techdirt.com/blog/itinnovation/articles/20100303/1846198404.shtml
Cognex and Fuji Resolve Vision Software Patent Dispute
http://www.marketwatch.com/story/cognex-and-fuji-resolve-vision-software-patent-dispute-2010-03-22?reflink=MW_news_stmp
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