jm + east-texas   7

Difference Engine: Obituary for software patents
The Economist reckons we're finally seeing the light at the end of the tunnel where the patent troll shakedown is concerned:
If the use of state consumer-protection laws to ward off frivolous patent suits were to catch on, it could give the trolls serious pause for thought—especially if their mass mailings of threatening letters to businesses were met by dozens of law suits from attorneys general demanding their presence in state courts across the land. One way or another, things are beginning to look ominous for those who would exploit the inadequacies of America’s patent system.
the-economist  patents  swpats  trolls  us  east-texas  law 
december 2013 by jm
Newegg trial: Crypto legend takes the stand, goes for knockout patent punch | Ars Technica

"We've heard a good bit in this courtroom about public key encryption," said Albright. "Are you familiar with that?

"Yes, I am," said Diffie, in what surely qualified as the biggest understatement of the trial.

"And how is it that you're familiar with public key encryption?"

"I invented it."


(via burritojustice)
crypto  tech  security  patents  swpats  pki  whitfield-diffie  history  east-texas  newegg  patent-trolls 
november 2013 by jm
Patent troll Lodsys chickens out, folds case rather than face Eugene Kaspersky
In Kaspersky's view, patent trolls are no better than the extortionists who cropped up in Russia after the fall of the Soviet Union, when crime ran rampant. Kaspersky saw more and more people becoming victims of various extortion schemes. US patent trolls seemed very similar. "Kaspersky's view was that paying patent trolls was like paying a protection racket," said Kniser. He wasn't going to do it.


yay! pity it didn't manage to establish precedent, though. But go Kaspersky!
eugene-kaspersky  shakedowns  law  east-texas  swpats  patents  patent-trolls 
october 2013 by jm
Newegg nukes “corporate troll” Alcatel in third patent appeal win this year
I am loving this. Particularly this:

At trial in East Texas Cheng took the stand to tell Newegg's story. Alcatel-Lucent's corporate representative, at the heart of its massive licensing campaign, couldn't even name the technology or the patents it was suing Newegg over.

"Successful defendants have their litigation managed by people who care," said Cheng. "For me, it's easy. I believe in Newegg, I care about Newegg. Alcatel Lucent, meanwhile, they drag out some random VP—who happens to be a decorated Navy veteran, who happens to be handsome and has a beautiful wife and kids—but the guy didn't know what patents were being asserted. What a joke."

"Shareholders of public companies that engage in patent trolling should ask themselves if they're really well-served by their management teams," Cheng added. "Are they properly monetizing their R&D? Surely there are better ways to make money than to just rely on litigating patents. If I was a shareholder, I would take a hard look as to whether their management was competent."
patents  ip  swpats  alcatel  bell-labs  newegg  east-texas  litigation  lucent 
may 2013 by jm
East Texas Judge Says Mathematical Algorithms Can’t Be Patented, Dismisses Uniloc Claim Against Rackspace
This seems pretty significant. Is the tide turning in the Texas Eastern District against patent trolls, at last? And does it establish sufficient precedent?

A federal judge has thrown out a patent claim against Rackspace, ruling that mathematical algorithms can’t be patented. The ruling in the Eastern Disrict stemmed from a 2012 complaint filed by Uniloc USA asserting that processing of floating point numbers by the Linux operating system was a patent violation.

Chief Judge Leonard Davis based the ruling on U.S. Supreme Court case law that prohibits the patenting of mathematical algorithms. According to Rackspace, this is the first reported instance in which the Eastern District of Texas has granted an early motion to dismiss finding a patent invalid because it claimed unpatentable subject matter.

Red Hat, which supplies Linux to Rackspace, provided Rackspace’s defense. Red Hat has a policy of standing behind customers through its Open Source Assurance program.


See https://news.ycombinator.com/item?id=5455869 for more discussion.
east-texas  patents  swpats  maths  patenting  law  judges  rackspace  linux  red-hat  uniloc-usa  floating-point 
march 2013 by jm
How Newegg crushed the “shopping cart” patent and saved online retail
Very cool account of Newegg's battle against a ludicrous patent-troll shakedown. Great quote from their Chief Legal Officer, Lee Cheng:
Patent trolling is based upon deficiencies in a critical, but underdeveloped, area of the law. The faster we drive these cases to verdict, and through appeal, and also get legislative reform on track, the faster our economy will be competitive in this critical area. We're competing with other economies that are not burdened with this type of litigation. China doesn't have this, South Korea doesn't have this, Europe doesn't have this. [...]

It's actually surprising how quickly people forget what Lemelson did. [referring to Jerome Lemelson, an infamous patent troll who used so-called "submarine patents" to make billions in licensing fees.] This activity is very similar. Trolls right now "submarine" as well. They use timing, like he used timing. Then they pop up and say "Hello, surprise! Give us your money or we will shut you down!" Screw them. Seriously, screw them. You can quote me on that.
patent-trolls  east-texas  newegg  shopping-cart  swpat  software-patents  patents  ecommerce  soverain 
january 2013 by jm
Fried Androids? :: The Future of the Internet — And How to Stop It
scary stuff. East Texas patent-troll court has ruled that EchoStar must remotely disable customers' DVRs due to patent infringement, which they are (thankfully) refusing to do and are now held in contempt for $200M -- the blog suggests this could happen due to the Google-Oracle suit, to Android phones
google  via:tieguy  law  east-texas  dvr  remote-disabling  internet  oracle  swpats  from delicious
august 2010 by jm

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