Software Patents

I regularly get emails and have discussions with entrepreneurs who are on the receiving end of a software patent lawsuit. Many of these are young companies, often with little or no revenue. It’s total, completely madness. If you don’t believe me, read the latest rant from a young entrepreneur on the receiving end of a software patent lawsuit from a troll. My startup, all five employees and $0 revenue, is being sued by a patent troll. It is madness. ...

I’m on a Google Hangout today at 1pm Pacific time hosted by the EFF . I’ll be discussing the broken software patent system with Jason Schultz and Parker Higgins . I know this announcement is last minute – somehow the event eluded me and my calendar. Fortunately, due to the power of Twitter, I noticed that I was mentioned in a tweet about it. I feel like it’s kind of trivial to be talking about stuff like this given the shooting in a movie theater in Colorado earlier today . I’m super bummed out about it and having trouble getting it out of my head. It’s so heartbreaking to me that we struggle with this kind of violence in our country and whenever it happens, especially close to home, it rattles me. I don’t know what to do other than send good karma to anyone who was a victim – so I’m sending out my thoughts and positive energy to whomever they are. ...

James Bessen, Jennifer Ford, and Michael Meurer of BU School of Law have written a phenomenal paper titled The Private and Social Costs of Patent Trolls. Rather than be politically correct and refer to NPE’s simply as “non-practicing entities”, they cut through all the noise, define what a patent troll is, and go through a detailed and rigorous analysis of the private and social costs of patent trolls. Some highlights from the paper follow: ...

I’ve been railing against software patents for a number of years. I believe software patents are an invalid construct – software shouldn’t be able to patented. For a while, I felt like I was shouting alone in the wilderness. While a bunch of software engineers I know thought software patents were bogus, I had trouble getting anyone else to speak out against software patents. But that has changed. In the last few month the issue of software patents – and the fundamental issues with them – have started to be front and center in the discussion about innovation. ...

We’ve shifted into a new zone in the world of software patent stupidity. A few weeks ago, Oracle sued Google over a series of Java-related patents they got when they acquired Sun . Last week, Paul Allen sued 11 major software companies , including Google, over four patents that were granted to his now defunct Interval Research think tank. Much of the early commentary has already been said. And, from what I’ve read, it’s not very generous to either Oracle or Paul Allen. One of the best lines is from James Gosling, the authors of RE38.104 (Method and apparatus for resolving data references in generated code) in his post The shit finally hits the fan. There has been plenty of speculation about the motivation of the Oracle patents and the speculation as to Paul Allen’s motivation is just beginning. Regardless, there are lots of lawyers in the mix advising their clients and devising strategies around these patents. ...

My friend Sawyer was as disappointed in the outcome of Bilski as he was in the ending to LOST. In fact, he asked if I’d change his pseudonym to Joseph Adama of Caprica but I vetoed this over extreme nerdiness. Nonetheless Sawyer let loose on Bilski and helps clarify both his perspective on why the Supreme Court took such a milquetoast approach as well as what one of the unintended consequences of their action – or lack thereof – will be. And for those of you who have forgotten Sawyer’s background, he’s a patent attorney that is channeling his opinion through me. And we’ve been discussing setting up a very large data center on an island somewhere in the middle of the Pacific Ocean. ...

I’ve been quiet on my reaction to Bilski because I’ve got an OpEd floating around that might get published in the next few days. It’s been rejected by one major publisher because according to the senior editor “it didn’t fit their opinion on the case” and another major publisher because “no one really cares that much about patents.” Ok – whatever. Fortunately, I have a blog, but I’ll wait a few more days and see if I can get someone in the traditional media to care. ...

On the eve of re: Bilski, the anxiously awaited Supreme Court decision on business method patents (with potential implications for software patents), I decided to collaborate with the End Software Patents coalition and send out 200 copies of the short movie they recently produced called Patent Absurdity about why software should not be able to be patented to a focused list of key people . The letter follows. Dear XX ...

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 software patent land. I’m channeling Sawyer’s points of view as a public service announcement since he’s uncomfortable being named publicly – these are his words, not mine. Today’s post is on the famed “Eastern District of Texas” (EDTX), one of the most popular places in the United States for patent litigation. ...