LOL same fake company tried to patent the shopping cart

[Red Squirrel]

http://arstechnica.com/tech-policy/...shopping-cart-patent-and-saved-online-retail/

Now, what I do wonder is what if it was a real company that tried this, and it would pass. That would pretty much kill all of e-commerce. Scary thought. Actually surprised Apple has not tried this already.

 

[Anonemous]

So the companies that settled with the patent troll, do they get their money back or they lose it?

 

[Anonemous]

From that reddit thread:

The same kind of bullshit is happening with a patent licensing company called Personal Audio, LLC. They hold an absurdly broad patent for any "system for disseminating media content representing episodes in a serialized sequence..."
They've sued Apple over their dissemination of podcasts and won. They are collecting licensing fees from Sirius, Motorola, Samsung, Archos, Coby, RIM, and Amazon. Now they are going after actual podcasters like Adam Carolla and Chris Hardwick.

Wow patenting podcasts? Do they own the patent to MP3s?

It costs a small company about 1.5 million dollars just to DEFEND themselves from patent trolls. Sign this petition to help small companies out by requiring Patent Trolls to pay all legal fees if they lose in court.
https://petitions.whitehouse.gov/pe...gov&utm_medium=shorturl&utm_campaign=shorturl
Uniloc is a patent troll who is claiming they invented the concept of the "serial key", which is pretty much like a product key for Windows. (Yes they did sue Microsoft and won). Uniloc is sueing Mojang because of Minecraft on Android Market, X-Plane 10, and several other companies.

What the hell? Patenting serial keys? Wow...

 

[Red Squirrel]

This is why the patent system needs to simply be abolished. It's nothing but a monopoly factory and discourages fair competition. At the very least, they should make it so you can't patent very broad things, or things that are already in use. They should also only last a couple years at most, not forever.

 

[NFS4]

This was brought up several times in the comments section of the Ars article, but never answered -- now that the patents are invalidated, can the companies that settled get their money back or countersue to retrieve the funds? Or is it simply "You're a dumbass for settling, you're fucked"?

 

[Argo]

This was brought up several times in the comments section of the Ars article, but never answered -- now that the patents are invalidated, can the companies that settled get their money back or countersue to retrieve the funds? Or is it simply "You're a dumbass for settling, you're fucked"?

I'm guessing if they fought and lost they can appeal. If they paid they are probably sol (but perhaps can sue)

But regardless, I bet nobody is going to get a single cent back. The troll probably doesn't have any cash and will just file for bankruptcy.

 

[The Boston Dangler]

yay texas! corrupt courts and jurors that don't know and don't care have made for a bullshit lawsuit heaven with nationwide power.

 

[Quantos]

This is why the patent system needs to simply be abolished. It's nothing but a monopoly factory and discourages fair competition. At the very least, they should make it so you can't patent very broad things, or things that are already in use. They should also only last a couple years at most, not forever.

Define "very broad". That's your problem right there. The line between valid patent and troll patent is incredibly undefined.

 

[Jimzz]

This is why the patent system needs to simply be abolished. It's nothing but a monopoly factory and discourages fair competition. At the very least, they should make it so you can't patent very broad things, or things that are already in use. They should also only last a couple years at most, not forever.

I don't know about abolished, but the current system is hurting the US IMO.

yay texas! corrupt courts and jurors that don't know and don't care have made for a bullshit lawsuit heaven with nationwide power.

For those that don't know Texas is VERY pro patent i.e. people are to dumb to understand in Texas so they just give wins to anybody that files and even the Judge said in this case the Jury would not understand about how to validate a patent so Newegg was not allowed to argue that, even BS ones.

 

[techs]

I hold the patent on patent trolling.

 

[Brainonska511]

This is why the patent system needs to simply be abolished. It's nothing but a monopoly factory and discourages fair competition. At the very least, they should make it so you can't patent very broad things, or things that are already in use. They should also only last a couple years at most, not forever.

Throw the baby out with the bathwater... There would be nothing to protect inventors from intellectual property thieves if you abolish patents. But it doesn't surprise me that you hold such a naive view on the subject of intellectual property.

Those latter two points are already in effect under the law. The US Patent Office just needs capable people to be able to reject the 'obvious and broad'.
---
To the article at hand, good for Newegg. Perhaps there would be a good way to reform the system to limit the power of the trolls while still protecting legitimate inventors.

 

[Zeze]

I hold the patent on patent trolling.

I hold the patent on patenting. All patenting and patent related activities must pay a premium to me, and I hold the first right of refusal.


I also hold the patent on air.

 

[KB]

Why don't these companies ban together to spread the costs of fighting the lawsuits?

My guess is because the lawyers hired to fight them make money whether they fight the case or settle. They get paid much faster if they settle and then they can move on and settle the next case.

In addition, Texas is such a pool of idiocy. There is a reason why all of these cases are filed there.

"At district court, the judge hadn't even let those invalidity arguments go to the jury, stating there wasn't "sufficient testimony" on obviousness, and that it would be "very confusing" to them."

Just because their juries and judges are morons they aren't allowed to review the most important part of the whole case, whether such a patent is even valid. If there wasn't sufficient testimony then ask each side to argue for validity. Newegg would have gladly abidded.

 

[rudder]

I hold the patent on patenting. All patenting and patent related activities must pay a premium to me, and I hold the first right of refusal.


I also hold the patent on air.

You can only exercise the first right of refusal if you pay me a licensing fee. I patented the first right of refusal. And don't even think of quoting me for a reply.... yes I own that as well.

 

[Jimzz]

Why don't these companies ban together to spread the costs of fighting the lawsuits?

My guess is because the lawyers hired to fight them make money whether they fight the case or settle. They get paid much faster if they settle and then they can move on and settle the next case.

In addition, Texas is such a pool of idiocy. There is a reason why all of these cases are filed there.

"At district court, the judge hadn't even let those invalidity arguments go to the jury, stating there wasn't "sufficient testimony" on obviousness, and that it would be "very confusing" to them."

Just because their juries and judges are morons they aren't allowed to review the most important part of the whole case, whether such a patent is even valid. If there wasn't sufficient testimony then ask each side to argue for validity. Newegg would have gladly abidded.

Because some of the same companies that scream patent troll do the same trolling. Apple is a big one. "It has rounded corners... thats our patent". "Swipe to open yea thats us... and by us we mean someone else we signed a deal with..." and on and on...

 

[ioni]

Throw the baby out with the bathwater... There would be nothing to protect inventors from intellectual property thieves if you abolish patents. But it doesn't surprise me that you hold such a naive view on the subject of intellectual property.

Those latter two points are already in effect under the law. The US Patent Office just needs capable people to be able to reject the 'obvious and broad'.
---
To the article at hand, good for Newegg. Perhaps there would be a good way to reform the system to limit the power of the trolls while still protecting legitimate inventors.

For software, copyright protects the IP (of course, copyright's broken too) and for physical objects, the cost of startup, production, and catching up to the originator protects it.

 

[luv2liv]

i did not finish the article.

so who really owned the patent to shopping cart? lol

 

[s0me0nesmind1]

From that reddit thread:

Wow patenting podcasts? Do they own the patent to MP3s?



What the hell? Patenting serial keys? Wow...

Reddit? Considering that Reddit is filled with nothing but retarded marketing victims of Apple products, shouldn't they be praising this kind of activity attempts from companies?

 

[Phokus]

Reddit? Considering that Reddit is filled with nothing but retarded marketing victims of Apple products, shouldn't they be praising this kind of activity attempts from companies?

Actually most of Reddit hates Apple because of Apple's aggressive patent litigation.

See: r/technology

 

[mmntech]

Patent trolls have been around for a very long time. Thomas Edison and the Wright Brothers being two famous old timey ones. Which highlights just how absurd the patent system is. The system is broken because patent terms are too long and the patent office allows language to be too vague.

The other big issue is tort law reform. All these lawsuits over frivolous things are a waste of the court's time and resources. It's just too easy to sue someone over something stupid to the point where the courts are just another cog in the production line. There's way too many idle lawyers in America. We'd do well to eliminate half of them... at minimum.

 

[bradley]

Patent trolls have been around for a very long time. Thomas Edison and the Wright Brothers being two famous old timey ones.

At the opposite end of the spectrum, look at Tesla and Jonas Salk and where their patents got them.

 

[T_Yamamoto]

At the opposite end of the spectrum, look at Tesla and Jonas Salk and where their patents got them.

I don't even know who they are. I think I know Tesla, did he do the electric thing

 

[tcsenter]

Businesses (and individuals) just need to start getting together and fighting them based on shared interest. e.g. if some firm started sending-out patent trolling letters to hundreds of restaurants claiming to own patents on the hamburger, the restaurants would get together via their trade or industry orgs. e.g. National Association of Restaurants, National Beef Council, or whatever, who would then challenge the validity in courts on behalf of all affected/interested parties within their industry. Strength in numbers.

Didn't Ebay try to claim broad patents on web-based auction? i.e. we "invented" the online auction and therefore nobody else can do it without paying us?

 

[Jimzz]

I don't even know who they are. I think I know Tesla, did he do the electric thing

Jonas Salk??? Really? How old are you? I don't mean that as rude just maybe that would explain it?

 

[Red Squirrel]

Throw the baby out with the bathwater... There would be nothing to protect inventors from intellectual property thieves if you abolish patents. But it doesn't surprise me that you hold such a naive view on the subject of intellectual property.

Those latter two points are already in effect under the law. The US Patent Office just needs capable people to be able to reject the 'obvious and broad'.
---
To the article at hand, good for Newegg. Perhaps there would be a good way to reform the system to limit the power of the trolls while still protecting legitimate inventors.

That's part of the issue, ideas and concepts should not be considered intellectual property. Especially some of the absurd stuff that's not even owned or created by anybody such as laws of physics and other concepts based on the way science works. Ex: take the light bulb. It's based on science and the way science works. Nobody should be able to patent that. The invention itself may have been invented, but it only works because of science.

Patents only encourage monopoly by only allowing one company to use a concept. If anything the system needs a complete revamp, and more specification on what can and cannot be patented. The biggest thing is, something already in use should not be patentable, or something that is part of an ongoing trend. Ex: tablets and touch screens are a trend. Nobody should be able to patent ANYTHING to do with those devices. Again all this would need to be clearly defined somewhere. Patents should go to a public board of sorts for approval, and not just be approved on the spot like they are now. Anyone should be able to apply to be on this board (could cost money, require vote etc). They could have multiple boards for different topics. Ensure that everyone on the board understands the patent and what it entails.

Though personally I say just scrap it all. Copyright with it. Concepts, ideas, information should not be locked up. To advance as a society we need to learn to share instead of keeping everything to ourselves.

As kids we were thought to share, then we get in the real world and it's illegal.