Category: Patent

Sarkozy Opposes Rule of Law With Regard to IP

Apparently, it appears that Mr. Congeniality has sent a letter to the European Commission demanding that authorities be able to cut off people accused of violations of IP laws without judicial review.

It seems that a bill going through the European parliment has the following language:

No restriction may be imposed on the fundamental rights and freedoms of end-users without a prior ruling by the judicial authorities.

It also appears that Sarkozy thinks that this is too much of an imposition on the IP dependent industry.

The European commission told him to go pound sand.

Big Surprise, IP Monopolists Pull Numbers out of their Tuchus

One of the frequent refrains about the “costs” of “piracy” is, “750,000 and $200 to $250 billion”.

Well Aris Technica took a look at this number to figure out where it came from, and the answer is: Nowhere.

The Commerce department did a study recently, and said, “$60 billion,” but the authors admit that this is a guess, based from data collected from self selected respondents who are overhwelmingly tied into IP intensive business models.

All they could show on their own was $23 billion.

Of course, $23 billion ain’t chicken feed….That’s what 50 days in Iraq?

GE Patents Pulse Detonation Core for Turbofan

While this is a good idea, it seems to me that this is also a pretty obvious idea, using a PDE, or more than one to smooth out the pulses, as a substitute for the HP compressor, HP turbine, and combustors.

After the PDE works as its own compressor and combuster, though a PDE, a constant volume combustion, is theoretically more efficient than a combustor, which is constant pressure combustion.

Hmmm…After a quick examination of the patent, it appears that some of the PDEs actually rotate, which is not obvious, at least not to me.


Our Broken IP System

Well, we are now finding that major technology players are forming patent cartels in order to defend themselves against patent trolls.

They have created Allied Security Trust, a non profit, that will aggressively buy up anything that might look like a valid patent to protect its members, currently, Verizon, Google ., Cisco , Ericsson, Sony, and Hewlett-Packard Co.

They throw a bunch of money in the pot, and they get a non-exclusive to whatever Allied Security Trust buys, and then the patents are resold.

It’s about a $5 million buy in.

As a start, congress needs to ban patents on software and business plans, which were never necessary, and on genes and species (though not gene splicing technologies) because it is unconscionable.

Additionally, they should change the law to allow people who think that a patent is invalid to file suit, as opposed to waiting for a suit to be filed, because, much like civil rights law, where a suit can be filed against a law without a complaint filed by the authorities, this allows people to fight the chilling effects of bad patents.

It would also help if the special patent appeals court were disbanded, as it has gone off the rails, which is why the Supreme Court is slapping it down on a regular basis now.

A Counter-Intuitive Point on the Food Criss

George Monbiot notes that smaller farms actually produced more food per acre than large ones.

He notes that he agrees with Robert Mugabe is right, that land reform is crucial in agricultural production and food security, and then further notes:

Of course the old bastard has done just the opposite. He has evicted his opponents and given land to his supporters. He has failed to support the new settlements with credit or expertise, with the result that farming in Zimbabwe has collapsed. The country was in desperate need of land reform when Mugabe became president. It remains in desperate need of land reform today.

Which is, of course, completely true.

In his extensively footnoted essay, which also appeared in the The Grauniad*, he notes that in nearly every case where it has been examined, smaller farms outperform larger ones.

Of course, the developed world is working against this reality:

Big business is killing small farming. By extending intellectual property rights over every aspect of production; by developing plants which either won’t breed true or which don’t reproduce at all, it ensures that only those with access to capital can cultivate. As it captures both the wholesale and retail markets, it seeks to reduce its transaction costs by engaging only with major sellers. If you think that supermarkets are giving farmers in the UK a hard time, you should see what they are doing to growers in the poor world. As developing countries sweep away street markets and hawkers’ stalls and replace them with superstores and glossy malls, the most productive farmers lose their customers and are forced to sell up. The rich nations support this process by demanding access for their companies. Their agricultural subsidies still help their own, large farmers to compete unfairly with the small producers of the poor world.

Obviously, as he concludes, the moves of people to buy into “fair trade” agricultural practices do more than lift small farmers out of abject poverty. They actually produce more food for everyone in the end.

It is remarkable just how destructive, and just plain evil the agricultural practices of the Western World are.

*According to the Wiki, The Guardian, formerly the Manchester Guardian in the UK. It’s nicknamed the Grauniad because of its penchant for typographical errors, “The nickname The Grauniad for the paper originated with the satirical magazine Private Eye. It came about because of its reputation for frequent and sometimes unintentionally amusing typographical errors, hence the popular myth that the paper once misspelled its own name on the page one masthead as The Gaurdian, though many recall the more inventive The Grauniad.”

Supreme Court Reaffirms Patent Exhaustion

The case is LG Electronics vs Quanta, where LG licensed the technology to Intel, who made the chips used, but wanted to charge buyers of the chips an additional royalty.

Basically, patent exhaustion says that if someone licenses a patent from you, and they sell stuff made with that patent to someone else, the recipient can use that stuff without any more restrictions. It’s a 100 year old precident, but the patent court decided to ignore it.

You can find a very good primer on why this happened here.

The district court ruled for Quanta, but the patent court ruled for LG on appeal, and the Supreme Court completely reversed the patent court, which is becoming a regular thing.

The special patent court is out of control and needs to be abolished.

Lockheed Patents ‘Spooky Radar’

It’s years away from fruition, but it appears that Lockheed has secured on a radar that uses quantum entanglement.

Basically, under some conditions in quantum mechanics, two particles are linked, instantaneously at significant distances from one another.

Makes my head hurt, which I stick to the larger world, where Newtonian mechanics serve just fine.

Anywoo, those of you who are more into this can go to Wired’s Danger Room for a more complete set of links, but the money quote from the patent applicstion appears to be this:

The ability to propagate radar signals at frequencies that are independent of the resolution frequency may allow quantum radar system 100 to attain near zero attenuation rates in the atmosphere, and greatly diminished attenuation rates in other media including foliage, building materials, earthen layers, etc. Quantum radar system 100, thus, can be adapted to visualize useful target details through background and/or camouflaging clutter, through plasma shrouds around hypersonic air vehicles, through the layers of concealment hiding underground facilities, IEDs, mines, and other threats–all while operating from an airborne platform or other suitable platform. Quantum radar system 100 may also improve the performance of advanced image processing and pattern recognition systems, as well as defeat most RF signature management systems when the propagation frequency is tuned to the resonant wave length of the target.

Consequences of the Supreme Court’s Redefintion of “Obvious”

The people just won one, where the Federal District Court just struck down Bayer’s patent on Yasmin, a contraceptive.

The patent, which expires in 2020, is on a formula for the compound drospirenone in which the particle size was reduced so it could be absorbed by the body more quickly before it is exposed to stomach acid. U.S. District Judge Peter Sheridan agreed with Barr that the decision to reduce the particle size would have been obvious to any researcher.

Hell, it’s obvious to any cook too.

Why else would they sell powdered sugar. Smaller particles dissolve more quickly.

A New Nigerian Scam

It seems that the only things that Nigeria makes the news for these days is oil related unrest, various forms of fraud, and one of the highest indices of corruption in the world.

The latest one is a Nigerian firm, Lagos Analysis Corp. (Lancor), suing the One Laptop Per Child (OLPC) non profit over a “4 shift keyboard“, which allows for better handling of multiple languages.

The kicker is that the OLPC has not shipped any of the keyboards.

Oh, and that one of the principals at Lancor, served time for bank fraud.

Also, it appears that there is no valid patent in the first place.

Go, Groklaw is your friend, and it appears that there is a crooked judge in Nigeria.

One Orc in New Zealand Kills Amazon’s 1-Click Patent

Peter Calveley of Auckland, New Zealand, after receiving poor service from Amazon, took it upon himself to document the prior art on Amazon’s one click patent. The USPTO review his research, and invalidated 21 of 26 of the claims in the patent.

Mr Calveley, whose previous claim to fame is having “worked as a motion capture performer and appeared as part of the evil armies in Peter Jackson’s Lord of the Rings”.

It’s amazing what disgruntled customer, his blog, and a few thousand customers can do.

What is even more amazing is that the USPTO didn’t punt this whole thing.

Bogus Patent Suit Instigated by Microsoft Against Linux Vendors

A company by the name of IP Innovation LLC, a subsidiary of subsidiary of a company called Acacia (a well known patent troll) has filed suit against Linux vendors Red Hat and Novell.

The patent is for a “User interface with multiple workspaces for sharing display system objects”, something that existed in prior art and is obvious.

FWIW, Acacia also holds a patent on the “desktop”, no kidding, they just got Apple to pay money.

The recent supreme court cases which restricted patent remedies should make this interesting. Because Acacia is a patent troll, there is no damage that cannot be made right, and so there is no cause for an injunction, and here is a big surprise:

And Acacia has taken on a couple of former Microsoft employees in recent months, including Brad Brunell, who was general manager of intellectual property licensing at Microsoft until he joined IP Innovation on 1 October — just eight days before the suit was filed

So much like SCO, Microsoft’s FUD hands are all over this.

Supreme Court to Consider Patent Exhaustion

My guess would be that they will once again reverse the Federal circuit court that does patents, as they have done so repeatedly in the past few months. If they were not likely to overrule, I would think that they would not have elected to review this.

The case is straightforward, LG has patents on chip designs, which it licensed to Intel. Intel has sold these chips to a number of Taiwanese manufacturers, and then LG sued these computer manufacturers for patent infringement.

The Federal Circuit Court allowed the suit to proceed, and the Taiwanese manufacturers claim that:

Lawyers for the Taiwanese companies, meanwhile, responded in court filings that once Intel sold the chips, LG’s patent had run its course under the legal doctrine of “patent exhaustion.” As a result, LG cannot enforce the patent against downstream purchasers, Quanta and the others said.

My view: The patent court went overboard again.

Patent exhaustion has been the law of the land, and for that matter the world, for years, and the consequence of its reversal would be catastrophic.

Our IP system is well and truly broken.

Another Patent Troll Whines

They make nothing. They sell nothing. They can be made right with money.

And the patent is f&^%ing obvious, and probably does not stand up to the new standard that SCOTUS set a few weeks ago.

These people are paracites, and they are destroying innovation in our society.

There has been a “price before auction” for a hundred years.

Company calls for end to eBay’s `Buy It Now’

PATENT LAWS DEBATED BEFORE FEDERAL JUDGE
By Sonja Barisic
Associated Press
Article Launched: 06/13/2007 01:37:55 AM PDT

NORFOLK, Va. – A small Virginia company in a patent fight with eBay asked a federal judge Tuesday to stop the online auction powerhouse from using its “Buy It Now” feature, which allows shoppers to buy items at a fixed price.

A federal jury found in 2003 that eBay had infringed Great Falls, Va.-based MercExchange’s patent. But last year, the U.S. Supreme Court handed a victory to patent-reform advocates when it ruled that MercExchange was not automatically entitled to a court order blocking the offending service.

Now, U.S. District Court Judge Jerome B. Friedman must decide whether MercExchange is entitled to a permanent injunction. The judge did not say when he would rule.

Friedman also did not immediately rule on eBay’s request to stay the proceedings until the federal patent office has completed a re-examination of the patent – a process MercExchange’s lawyers said could take 10 years.

Lawyers for San Jose-based eBay told the judge the company has designed a work-around so it no longer infringes on the patent, and thus an injunction is unnecessary.

Attorney Jeff Randall said MercExchange has not suffered irreparable harm and that the company is better off now than it was before the trial, citing an investment by a hedge fund.

MercExchange’s attorneys, however, argued that the potential for future infringement is at stake.

Bush Admin Seeks Changes to Patent System

Ordinarly, I’d be encouraged, but I think that this HAS to be some sort of sweetheart deal to a supporter.

The following quote comes from the D-Squared Digest. I consider this to be the wisest thing yet written this century.

I believe that the following should apply any Bush admin initiative.

But it does inspire in me the desire for a competition; can anyone, particularly the rather more Bush-friendly recent arrivals to the board, give me one single example of something with the following three characteristics:

  1. It is a policy initiative of the current Bush administration
  2. It was significant enough in scale that I’d have heard of it (at a pinch, that I should have heard of it)
  3. It wasn’t in some important way completely Fucked Up during the execution.

So while this patent overhaul sounds like a bad thing, I think that I can wait for 18 months until adults are in charge.

Bush administration seeks overhaul of patent system | CNET News.com

By Steve Lohr

Story last modified Wed Jun 06 19:55:16 PDT 2007

The Bush administration wants to reform the nation’s patent system by requiring better information from inventors and allowing public scrutiny of applications, according to the director of the government’s patent office.

The goal, said Jon W. Dudas, director of the United States Patent and Trademark Office, is to improve the quality of patents, which should curb the rising wave of patent disputes and lawsuits. The legal wrangling is often over broad descriptions of ideas or activities, so-called business methods, or software that contains only incremental changes over prior work.

“There ought to be a shared responsibility for patent quality among the patent office, the applicants and the public,” Dudas said in an interview yesterday. “If everything is done right at the front end, we’ll have to worry a lot less about litigation later.”

Some steps to improve patent quality will require changes in the law, said Dudas, who will present his views to the Senate Judiciary Committee today. Both the Senate and the House have introduced patent-reform legislation this year, amid concerns that the current overburdened, litigation-choked system is hampering innovation rather than encouraging it.

One key change, Dudas said, would be a legal clarification of what is required of patent applicants. Under current law, an inventor is required to explain why a new product is sufficiently original to deserve the exclusive rights that patent protection conveys. But the applicants have a lot of discretion. The supporting information, Dudas said, ranges from “almost nothing” to what he called “malicious compliance,” which he described as boxes and boxes of background information intended mainly to obscure the nugget of an invention in the patent application.

Reform legislation, he said, should require the applicants to conduct a thorough search of related patents and technical journals, and then explain why the patent being sought represents a significant innovation beyond previous ideas in the field.

Dudas said the reform legislation should also make sure the search and information disclosures do not put an unfair burden on inventors who are not wealthy. Personal income, number of patents filed and other measures, he said, could be used to determine who would be exempt from certain requirements. “For the truly small inventor, we might do the search for them,” he said.

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