Microsoft Sued Over Patent Infringements 162
Foobar of Borg writes "The Associated Press is reporting that Microsoft is being sued over alleged infringement of three patents held by Visto Corporation. The patents in question relate to the handling of information between servers and handheld telcom devices.
Jack Evans, a Microsoft spokesman, has not commented on the case itself, but has simply stated that 'Microsoft stands behind its products and respects intellectual property rights.'"
Nnnnyes.... (Score:3, Insightful)
Patents (Score:5, Insightful)
Re:Patents (Score:5, Interesting)
There are these things called "Patent Libraries" that contain (now follow me here, it gets tricky) "patent information"...
Where I used to work, we had a site license that allowed everyone to conduct searches against an online Patent Library - you could type in a few keywords and within seconds it would show you patents related to your keywords.
I had a boss who was obsessed with getting his name on a patent, even if it had nothing to do with the companies core competencies, so any time anyone would blurt out something during a brainstorming session, he'd do a quick patent search and say "nope, someone already owns that idea".
Re:Patents (Score:2, Interesting)
Now, with software the boundaries are blury. What can you patent as in invention? The ability to skin an app? The ability to click a button on a website to initiate a purchase? The ability to increment a variable?
Pretty soon we'll have to check every applet, function, line of code we write to see i
Re:Patents (Score:2)
This also has a little to do with who is suing them as much as the patent itself. I submitted this story (rejected) with a bit more info - the patents in question are similar to those which NTP is using to put down RIM.
As it turns out, the Slashdot posting [slashdot.org] regarding NTP licensing its patent library to start a RIM competitor was to - Visto.
NTP, along with the licensing "agreement", also then bought an equity stake in -
Re:Patents (Score:2)
Software patents are harmful and these cases are only the tip of the IP-warfare iceberg. Those jokes about IP enforcement creating mil
Re:Patents (Score:2)
Re:Patents (Score:2)
For the rest of us who have to solve real-world problems and produce stuff that is actually useful, the current trend towards wholesale IP warfare is a major hinderance.
Re:Patents (Score:5, Informative)
You are oversimplifying. First, there can be patents filed but not yet issued -- you don't have access to them until the issue. Second, doing a "real" patent search is an expensive proposition (I'm not talking about your boss doing a 2 minute google search on a few key phrases). No company can do that type of search on every little thing that comes along.
Regarding submarine patents, I believe there have been changes made to the law to address this problem. Apparently the way submarine patents worked was the filer would stall the patent before it issued -- sometimes for many years. Then, once another company (with money) was clearly infringing they would push ahead to get the patent issued. There was no time limit on how long they could stall the process, and since the date of the original filing was the date used to decide first invention, the second company got "torpedoed" with no way of protecting themselves. The law change, as I understand it, is to now give the filer protection for 20 years from the date of filing, rather than 17 years from the date of issue.
Re:Patents (Score:1)
And this works better how? The second company is still going to find themselves modeling a very fasionable torpedoe up their bac
Re:Patents (Score:5, Informative)
Submarine patents were worse than that. They'd file, then they were able to change the patent before it was issued.
So...
http://en.wikipedia.org/wiki/Continuing_patent_app lication [wikipedia.org]
Re:Patents (Score:2)
Your explanation may mislead people a bit here.
No applicant, once their application is filed, can add new matter to the application and retain the same filing date. But they can add claims that are completely 'enabled' by the initially filed disclosure.
That is, if the initially filed patent basically described the matter involved in a new claim the applicant wants to add (later during the prosecution), they can add the new cl
Re:Patents (Score:3, Insightful)
But of course, we all know that under AIPA all patent applications will be published within 18 months of filing, except in special circumstances where the inventors waive the right to claim priority in a foreign country to the US patent application. And of course, we all know that, because this is an extremely basic and well-known fact about patent systems around the world.
Secon
Re:Patents (Score:2)
Hire an expert or expect problems.
You're seriously suggesting that every commercial software and IP developer on the planet should be employing a patent lawyer? You're insane.
Great way to put the economy in the toilet.
Pleading ignorance about patents is akin to pleading ignorance about taxes.
No. It's akin to ignoring patent parasites. The patent mafia are trying parasitise the rest of society. Large parts of society are, quite reasonably, ignoring them.
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Scientific, evidence based IP law.
Re:Patents (Score:2)
Knowningly infringing is triple damages. If there's even a chance that what you're developing might infringe on *any* patents (eg. patent for moving a mouse, patent for drawing a cursor on the screen, patent for displaying a dialog, etc.) then it's imperative you *never* look at a patent library or have anything to do with them - make this documented policy. Not to do so could be extremely expensive.
Re:Patents (Score:2)
Great way to put the economy in the toilet.
If you expect to operate a corporation and cope with all its inherent liabilities without any professional relationship with a lawyer, speaking from a purely objective point of view, you are an extremely stupid person.
The changes to US patent law... (Score:2)
IANAPL but AFAIK...
The US has fixed its laws to match the rest of the world to stop this "aquatic" practice. Once a patent application is filed there is an 18-month period before the application automatically becomes public. It may still take some number of years, however, befor
Re:Patents (Score:2)
Re:Patents (Score:2)
you mean like this? [google.com]
this guy said they paid a Site license (probally ~$25k/year) for unlimited access to search an online patent library. now, google can get you each and every patent application that has been filed with the us patent office for free, but it is true that already issues patents are another matter.
still, your dubious point about nobody can sea
Re:Patents (Score:2)
Your language suggests that you have never participated in the patent process. Finding patents that *seem* to talk about the same thing you are considering is quite easy, but it's a LOOOONNNNNGGGG way from determining if your idea infringes. For that you must read, and understand, the various claims. You need to know if the claims are dependent or independent? You need to look at continuances. And it's mostly writt
Re:Patents (Score:2, Insightful)
In all seriousness now, for every section of code that I write during the day - if I were to spend an hour searching patents to make sure I don't infringe on something that just triples(or more) 99% of all software projects I've ever worked on.
Re:Patents (Score:2, Insightful)
Re:Patents (Score:1)
Re:Patents (Score:2)
Re:Patents (Score:1)
Re:Patents (Score:2)
Re:Patents (Score:2)
Re:Patents (Score:2)
I rarely stand behind MS, but i think this is all getting a bit silly now.
Now, now. We all know that the patent system is working 100% as intended. If the patent system tells us MS is bad, it can't possibly be wrong.
Re:Patents (Score:2)
You hit the nail on the head, there. Just as the US economy transitioned years ago from an agrarian to manufacturing, then manufacturing to service-based industry, the new economy is moving from service-based to litigation-based.
You can tell this is happening in my home town (Richmond, VA), as the old 42-floor "Wachovia" bank building had the signs pulled down and is now the "McGuire Woods" (law firm) building. You
"intellectual" property (Score:5, Funny)
Correction: this sentence lacks the second "its" (just after "respects").
Re:"intellectual" property (Score:4, Funny)
Microsoft stands behind its products and lobs chairs over the barracades.'
Re:"intellectual" property (Score:2)
Permanent injuction? How likely is that? (Score:2, Informative)
Well duh, it's a software patent (Score:2)
Re: (Score:2, Interesting)
Re:Well duh, it's a software patent (Score:2)
BTW, 2. really should be used as one of the criteria of patentability: the thing should be patentable only if it can be successfully kept as a trade secret.
Excellent idea. If it can't be kept secret then the thing they're trying to patent is probably a minor variant of something copied from elsewhere anyway.
This BS where parasites can get monopolies on ideas that require no investment has got to stop.
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Scientific, evidence based IP law. Now there's a thought.
Re:Well duh, it's a software patent (Score:2)
By your statement, he shouldn't be able to patent his design. Why? So some entity bigger than Tom can flex its financial muscle and profit of of his ingenuity. That's bullshit. If the orange peeler manufacturer had an engineer worth a damn they would have al
Re:Well duh, it's a software patent (Score:2)
Tom would like to sell me his idea, right? OK with me, but I only buy things I don't have. If by looking at Tom's orange peeler I can't figure out his idea, then Tom indeed has something to sell me. If I can, it means that I now have this idea, too, and therefore don't need to buy it from Tom.
Whatever the original intent of the patent was, it is now used as a means to protect your designs. If someone can reverse engineer your design and then develop a different m
Re:Well duh, it's a software patent (Score:2)
I do have a right to it, because this is how it works now. You are the one who wants change in the system, so the burned of proof on why it should change is on you.
You harp on and on about reverse engineering and being able to redesign for similar results, all of which I agree with, but thats all you have. An idea is not like a hammer in that an idea can be implemented many different ways, a hammer can only be sold un
Re:Well duh, it's a software patent (Score:2)
Sweat of the brow has never been a valid reason for either copyright or patent protection. Protection is available, or not, whether you worked hard to invent something, or whether you did it trivially.
Re:Permanent injuction? How likely is that? (Score:1)
Re:Permanent injuction? How likely is that? (Score:2)
I don't know what you definition of "bottom feeder" is but MS certainly fits my definition of it. I don't know how many times they have ripped off other companies ideas and then settled for millions (while making billions).
An amusing statement. (Score:2)
Sure, they might buy out NTP. But once they pay out, the other Patent Lawyers will smell the blood in the water and start circling like the sharks that they are.
You'd better believe that a lot of people are going to be looking at the big giants with
Too Many Patents (Score:3, Insightful)
The small guys try to get rich with patents suing the big guys, so the big guys get further patents to protect themselves.
The system is fucked.
__Funny video clips for Adults only! [laughdaily.com]
Re:Too Many Patents (Score:2, Insightful)
Re:Too Many Patents (Score:2)
Microsoft shut down ASF/WMV support in VirtualDub (Score:4, Funny)
Microsoft have lost millions in patent fights, and have never ever used them to attack open source software.
O rly? [advogato.org]
Oh so the truth finally comes out (Score:1)
Visto's press release (Score:4, Insightful)
Nothing like a little pressure from industry giants to speed up much needed reform of the patent system.
Re:Visto's press release (Score:5, Interesting)
Bureacracies always reach out and try to take more power - once patents simply protected implementations - now the patent office is reaching out to get a stranglehold on stuff like "business methods" and algorithms (math) and essentially ideas - many of them common sense to the problem being solved.
Patents are for society, not the individual. It's supposed to push progress forward by opening non-obvious ideas for everyone for a limited time. Not MONOPOLIZE obvious ideas for the benefit of one person against the rest of society.
To fix patents, we don't need more patent clerks (federal employees), we need to:
1. Go back to old way patents were done - which includes working implementation upon application. Thus ideas become unpatentable. Same with business methods. It will also render 90% all the unreadable legalese to obscure what you are patenting obsolete.
2. Punish non-English application. No, I don't mean application in a foreign language, just the ones that read like they are. Plain english is a must. Jail time in Gitmo otherwise.
3. Raise price to apply for patent to $10,000-50,000 (refundable only on recieving a patent) - while it may seem to screw the "little guy" it actually will kill corporations trying to patent every little thing. Even a little operation will be able to afford to patent 1 WORTHWHILE application, but will corporate America still be able to afford to apply for 10's of thousands of trivial patents?
THE KEY
4. Part of application fee (say 1/2) will go as a bounty to anybody who can disprove it - in other words show prior art, etcetera. This could be anybody - college students, professors, employees of another company.
Why hire clueless clerks when you could flocks of knowleable people examining patents because of a profit motive to turn them down? They won't have the power to deny a patent, they bring the case against it.
5. No renewable patents. Lower patent length from 17 years to 9 years or so. Back in the 1700's, business and the pace of life overall was slower, let's reflect that.
Re: (Score:2)
Re:Visto's press release (Score:2)
This is wrong, the aim of patents is to offer inventors an incentive to open up their knowledge (a patent application is just that - describing how it works) to society in exchange for a protection of that knowledge (that only they can
Re: (Score:2)
Re:Visto's press release (Score:2)
Part of application fee (say 1/2) will go as a bounty to anybody who can disprove it - in other words show prior art, etcetera.
Argh, you were doing well until that. You just doubled or tripled the cost of applying for a patent. In many cases there will be extremely fine differences between an actual patentable device, and a prior existing device. This will inevitably lead to court, since what is at stake isn't your five or ten grand, its the patent and the business that could grow from it. Also this cou
Re:Visto's press release (Score:2)
I would expect relative expediency, especially as the # of patents applied for would be driven down. There would also be less need of appeals, as it's only a patent, not a death sentence on someone's life.
Even these days,
Re:Visto's press release (Score:2)
Good luck getting that one passed!
Re:Visto's press release (Score:2)
A
Pile on Microsoft (Score:2)
Re:Visto's press release (Score:2)
http://en.wikipedia.org/wiki/Patent [wikipedia.org]
http://en.wikipedia.org/wiki/Copyright [wikipedia.org]
I have my own problems with copyrights or actually perpetual copyrights ala Disney (who happened to take most of their ideas from the public domain - Grimm Brothers) but they can't nor shouldn't be dealt with the same way.
BTW, even if you don't register your copyright, it's still copyrighted to you by the Berne convention (?) - registering it is for extra safety.
Re:Visto's press release (Score:2)
However to register the copyright, and obtain the legal benefits that come with it, costs about $30. This is one case where I think lowering copyright registration fees would be beneficul to the the mid-size and little guy.
As a copyright lawyer, I completely disagree. In fact, I think that we should raise the bar by requiring more and stricter formalities, and offer very little, very brief protection for works which have not b
Re:Visto's press release (Score:2)
Shouldn't the "price" reflect the burden put on society to a)protect said patent when it's out (mostly the courts, police sting operations on operations selling fake goods, etcetera)?
I don't see wha
Except that.... (Score:1)
I've more hopes for the RIM case making a change since lots of government people use those. We all know that government guys are all about respecting the law, except when it affects THEM in a negative fashion.
How things change... (Score:5, Insightful)
Now, they have strangled the competition so much that the dream of many little startups is to fold, hold onto their 'Intellectual Property' for a while, then sue the heck out of Microsoft.
Which, by the way, is not a bad strategy at all, since Bill Gates & Co. have billions and billions of dollars in the bank and are very willing to buy their way out of legal troubles (monopoly problems with DoJ and all that).
Quick Solution (Score:1)
2. Microsoft buys Visto Corporation, inheriting all their patents
3. ?????
4. Profit as usual
Its the game... (Score:5, Informative)
Re:Its the game... (Score:3, Informative)
NTP (the patent trolling company suing BlackBerry), just got recieved an equity stake in Visto (cannot find how much) like the same day Visto sues MS. OK, MS may not be the nicest to F/OSS, but you seriously think think a patent trolling company now owning a stake in Visto boads well for its contributions?
Also, here are the patents Visto says are being infringed on. OK, I haven't read the patents in detail, but
Re:Its the game... (Score:2)
Well, I won't read the appluications, but those titles seem to be kind of hard distributed systems inventions. Don't put they away so fast.
Re:Its the game... (Score:2)
There is nothing to license; you ought to be able to do push/pull E-mail without licensing anything.
Even if there were anything to license, a patent shark and one of its allies aren't going to be favorably disposed towards FOSS either. However, they may simply not bother to sue FOSS because there is no money tomake.
Live by the sword... (Score:1)
NTP (Score:3, Informative)
what a bunch of sleazeballs (Score:5, Insightful)
Visto's argument that it is good to beat Microsoft with patents because of Microsoft's monopolistic practices is wrong. It is true that Microsoft is behaving monopolistically with Exchange and Windows Mobile, but that's an issue for regulators and the market to worry about. Allowing Visto's and NTP's bogus patents to stand only replaces a big monopolist with a little one.
Bad karma (Score:1, Troll)
There's no evil in this world. Just alot of ignorance, by which selfishness is the root.
Re:Bad karma (Score:2)
Re:what a bunch of sleazeballs (Score:2, Insightful)
Re:what a bunch of sleazeballs (Score:2)
If you haven't infringed this one, you'll infringe another further down the line. Or not be in software. Either way, it leads to a stagnation of the industry.
Re:what a bunch of sleazeballs (Score:2, Informative)
If they are living by the sword then they should be prepared to die by the sword.
Re:what a bunch of sleazeballs (Score:2)
Because they've been doing such a bang-up job so far, right?
Respects intellectual propery rights? (Score:1, Insightful)
Remember that this is the company that copied Stac Electronics' disk compression software, infringed on their patents, and lost the resulting lawsuit. The whole debacle ended up costing Microsoft hundreds of millions of dollars.
wild. (Score:5, Insightful)
My point is that our corrupt politicians have allowed what should have been copyright law become patent law. Your code is a parallel to writing a book, not a parallel to creating the electric engine.
The irony is that big corporation like Microsoft have shot themselves in the foot here. They pushed for this type of patent law out of fear that their software would easily be duplicated, so It is funny to watch them get slapped by so many frivolous law suites.
Re:wild. (Score:2)
Litigants had to argue for their inventions to be patentable before there could be any ruling. And the literal text of the Patent Act does require that patents be granted for eligible software, business methods, etc. just as the Copyright Act requires copyrights to be granted for eligible user interfaces (although the statute is utterly vague about the exception for the utility doctrine, so the courts can't be blamed for t
Re:wild. (Score:2)
Not especially.
The current Patent Act is from 1952. The current Copyright Act is from 1976. In the period since 1976, statutory changes in both really have not had a great deal to do with what the courts have been doing. For example, many of the changes in the Copyright Act have been to ensure compliance wi
Visto and NTP (Score:5, Informative)
Basically, Visto and NTP announced their deal Wednesday, the same day Visto filed suit against Microsoft. It also appears that NTP acquired a stake in the company as well, so they seem to have an invested interest in this case now as well. For those who have been hiding for the last while, NTP is the company who has become famous (or infamous) from their suit against RIM.
Re:Visto and NTP (Score:1, Funny)
Ah! Thanks for explaining that.
Who is RIM?
Re:Visto and NTP (Score:2)
zero-sum? (Score:2, Funny)
Oh come on.... (Score:1)
Re:Oh come on.... (Score:1)
Re:Oh come on.... (Score:2)
From this point on, I swear I will never buy a single product from NTP!
May I interest you in some... (Score:2)
Perhaps SCO can now fantasize about some obscure SCO IP protected code making its way into the Windows kernel. Oh the irony, Oh the sweet, sweet irony!
scox's parent company has already sued msft (Score:2)
SCOX's flagship product, OpenServer, is built on Xenix - which used to be owned by msft.
Sad day when patent lawyers are Tech. Co. Founders (Score:2)
Steve Ballmer (Score:2, Funny)
"I'm going to Fucking BURY Visto Corporation! I've done it before, and I will do it again. I am going to FUCKING KILL Visto Corporation!"
RIM Nemesis NTP Funded "Startup" Visto (Score:2)
Hasn't this biz plan ... (Score:3, Funny)
Do they know about this?
On aside note, its Good to see lawyers have work during this Holiday season. I always worry about them during the cold months.
Re:Hasn't this biz plan ... (Score:2)
Yes Im a hippocrite (Score:2, Funny)
Hurray for the US Patent office!
Text of the patent... (Score:3, Funny)
This patent includes a system in which, following lock-up, the user is presented with an animated hour glass.
This patent includes a system in which, following lock-up, the user is presented with a mouse pointer that won't move.
This patent includes a system in which, following lock-up, the user is presented with a mouse pointer that moves but won't click.
This patent includes a system in which, following lock-up, the user is presented with a mouse pointer that moves and clicks on buttons that don't respond."
How to solve the patent problem (Score:2)
and throw them in a dungeon somewhere in Iraq....
Stands by AND Respects? (Score:2, Funny)
"Microsoft stands behind its products and respects intellectual property rights."
Just not at the same time.
Re:When will... (Score:1)