Tag

Patents

The Typical Kinds of Software Patent Plaintiffs

Yesterday I published one of Sawyer’s posts titled Why the Decks are Stacked Against Software Startups in Patent Litigation.  In it, I realized that Sawyer hadn’t defined the different types of plaintiffs in a patent case.  Below are good definitions (from Sawyer) of each type and clear explanations about what you are up against in…

Why the Decks are Stacked Against Software Startups in Patent Litigation

The conventional wisdom has long been that software startups benefit from patents.  I’ve been investing in software / Internet companies for over 16 years and I’ve never once had a patent influence my investment decision.  More importantly, since it takes a number of years to get a patent, most startups haven’t even contemplated applying for…

Sawyer on The Notion of Willful Infringement

Tonight, during Lost, I tried to decide just how “willful” Locke-the-smoke-monster was being.  I didn’t reach a conclusion – and doubt I will until the end of the season.  In the mean time, my anonymous lawyer friend known as Sawyer sent me a nice essay on the notion of “willful infringement in the context of…

1-Click and Social Network Patents and a Jet Pack

Today, Amazon’s 1-Click patent was confirmed following a four year re-examination.  Amazon now has ownership of a highly controversial and very absurd patent which I hope will only be used defensively.  This a classic example of a “business method patent” that should simply not exist.  I continue to wait patiently to see what the Supreme…

Are Apple’s Competitors Stealing Its Patented Inventions?

The Apple patent suit against HTC really riled up my friend Sawyer.  I wasn’t planning on posting another missive from him until next week, but I thought this was particularly timely given the public statement from Apple, including a specific quote from Steve Jobs about its competitors stealing their patented inventions.  Sawyer explains why this…

The Doubly-Linked List Appears to Have Been Patented

I saw a tweet today that said “The doubly-linked list, a structure I studied thirty years ago, has recently been patented.”  After giggling at the absurdity of the idea, I went and at a patent dated 4/11/06 that appears to be for the doubly-linked list.  The prior art was extremely thin, only went back to…

Sawyer Opines on the Eastern District of Texas

My friend Sawyer is back with another post in his series of talking about software patent issues.  As I mentioned before, Sawyer is a real person named after our intrepid friend in LOST (I haven’t seen it this week – no spoilers please) who has agreed to help us navigate the parallel universe known as…

Annual Escalating Patent Fee Proposal

I love the stuff that ya’ll email me (or comment) after I write a post that challenge my thinking.  While occasionally the notes are hostile (which is mostly just entertaining), they are usually really thought provoking even when I disagree.  And, when they give me a new way to think about something, they are really…

Sawyer Weighs In On Intellectual Ventures

I have a number of friends who are patent attorneys.  Some have strong negative feelings about software patents that mirror mine while others keep me entertained by arguing both sides of the situation with themselves while I sit around and listen.  One of my friends – let’s call him Sawyer – has very strong negative…

Patents Are A Weak Measure of Innovation Activity

After not seeing the word patent in my daily information routine for a few weeks, I saw it twice today – first in an article titled Turning Patents Into ‘Invention Capital’ (in the NY Times) and then in Region Sustains Robust Patent Production in the WSJ.  Both stirred me up early this morning, but for…