Engineer Loses SSL Patent Case against RSA and VeriSign
MeanMF writes "eWeek reports that a jury has ruled in favor of the defendants in a patent infringement lawsuit brought by an electrical engineer who clamed rights to a technology used in the SSL protocol. Not only did he lose the case, but next week the jury will rule on whether his patents are valid at all."
I thought I could instruct slashdot readers on how actually the patenting process works . Good luck ;)
Am I the only one who thinks this trial has proceeded in reverse order? Surely it would have made more sense to ascertain the patent validity before worrying about whether or not it was infringed.
You have to defend trademarks, not patents or copyrights. You can sit and let a patent stagnate for 10 years and then sue the balls off everyone later. The justification? They should have done their market research.
Look at Intergraph... CNet news claims (got this from the last posting about SCO vs. IBM): "In 2002, Intergraph's income from operations was $10 million, but its net income including legal settlements was $378 million."
Nasty stuff. Anyways, IIRC, Intergraph sued Intel and some other companies because of some kind of architecture design the Pentium used, specifically the system bus. Not sure if that's accurate, but try here and here.
Makes me want to get an arts degree, frankly.
Then you thought incorrectly. Trademarks are subject to such a required defense, but patents and copyrights are not.
There is the doctrine of laches, which allow a judge to hold that a patent holder, having allowed a use of their patent to go on without notice, cannot collect damages for use of their patent prior to filing suit, but this in no way invalidates their patent nor does it prevent them from collecting damages if the same defendant should happen to infringe on their patent in the future. (Laches is basically a way of wedging the reasonable "but I didn't know it was a problem" defense into patent law)
And no, IANAL, but I do know how to use Google (TM).
Ohhh, ohhh, I've got this really good idea, but rather than do something with it (that involves risk!) I'll just patent it and sit around until some big company does something close enough that I can sue them.
Our legal and "intellectual property" (poverty?) system supports this - that's the news and that's the thing we should work to change.
Cheers,
-- RLJ
Why patents suck: http://lpf.ai.mit.edu/Images/chess-flyer-crop-thum bnail.jpg
You can get sued for writing a program like the one above. It's 3 lines of code. No, really guys. It's 3 friggin' lines of code.
Look at it! It's a patent on the fucking EXCLUSIVE OR operation that's standard in every microchip ever made since the 1950s.
THAT, my friends, is why I don't trust patents. You never know how they can be extended.
PLUS they're a large gov't organization that's slow and stagnant. Let the people innovate!
Background: 28/M/Bi-Sexual; Owner of a Linux company; MBA Harvard 2003; B.S. Comp Sci MIT 2000