Slashdot Mirror


Yahoo! Settles Patent Dispute

theodp writes "NCR has settled the lawsuit it brought against Yahoo! last December for infringing on 10 patents related to e-commerce technology. The case, discussed earlier on Slashdot, was especially significant because it involved broad patents covering basic Internet functions. As part of the settlement, Yahoo! is now licensing the technology. Terms of the settlement and licensing agreement were not disclosed."

9 of 164 comments (clear)

  1. Exclude it then ... by zonix · · Score: 3, Informative
    Haven't we had enough yet?

    No. But if you like, you can always exclude the patent articles from the homepage in you /. preferences.

    z
    --
    What would an EWOULDBLOCK block, if an EWOULDBLOCK could block would? -- me
  2. Fight Software Patents by lee-irving · · Score: 5, Informative
    This is the reason why we need to fight software patents within the UK and EU. Please email, write, telephone your local MP , MEP and let them know that software patents will kill our industry.


    I am not sure but if the EU starts to accept software patents will the US patents be enforceable through WIPO or similar. If so then the EU will already be at a loss as all the US patents will come into force and by typing this I am probably breaking a few of them :)

    1. Re:Fight Software Patents by Elektroschock · · Score: 2, Informative

      Eu-Parlamentarians Search engine.
      /*I am not sure but if the EU starts to accept software patents will the US patents be enforceable through WIPO or similar. If so then the EU will already be at a loss as all the US patents will come into force and by typing this I am probably breaking a few of them :)*/

      This will be the next step. See FFII swpat AG for comprehensive details or join a Mailinglist patents@Aful.org or bxl@ffii.org

    2. Re:Fight Software Patents by Anonymous Coward · · Score: 2, Informative

      A huge problem is that there are already around 40.000 illegal patents registrered in the EU, which will suddenly become legal patents the day software patents become legal.
      75% of those patents are owned by companies outside the EU. Now, this is what I call protecting your national software industry.... Or not!

    3. Re:Fight Software Patents by Anonymous Coward · · Score: 1, Informative
      I am not sure but if the EU starts to accept software patents will the US patents be enforceable through WIPO or similar.

      No. Patents are only domestically enforceable. What happens with WIPO (and the "International Patent") is that multiple domestic patent applications are simultaneously filed through one, agreed upon filing mechanism. That is to say, you file one patent application, designate the States for which you desire protection, and then prosecute each of those applications according to the laws of the particular country.

  3. Re:Boo! by mericet · · Score: 3, Informative
    Not necessarily, these seem like the patents titles (e.g. 'a method and system for ordering and downloading resources from computerized repositories') and not the claims.

    Titles are usually overly borad, but have no legal imlications, in a patent, only the valid claims have legal imlications and they are usually much narrower.

    P.S. IANAL...

  4. Re:Companies Behaving Badly by Alioth · · Score: 2, Informative

    > But 3 million outsourced jobs? FUCK YOU IBM.

    IBM doesn't even employ 3M people - you're not even in the same order of magnitude. If they outsource 3M jobs, they are *employing* an extra 2.75M people. Sounds like it'd be good for the world as a whole.

  5. Lets find prior art and bury this bs by the_archivist · · Score: 2, Informative

    heres a link to the patent for yr interest. Read the patent

    --
    while(karma less_than enough_karma){karma++}
  6. Not Disclosed by Anonymous Coward · · Score: 1, Informative

    There are some significant antitrust issues related to the non diclosure of patent settlements (although probably not in this particular case).

    Settlements between competitors in patent cases raise important and sensitive antitrust issues. The issues are important because patent settlements may create or maintain monopoly in technology and innovation markets and may also effectuate a monopoly or cartel in a related goods markets. Antitrust risks are highlighted by the fact that, absent the patent rights, patent settlement agreements may be per se antitrust violations. Further, anticompetitive patent settlements unlike most antitrust conspiracies are enforceable in court,and by that means can prevent the cartel cheating that is the bane of cartels. Thus, the antitrust risk that a settlement agreement may operate as a disguised cartel has long been recognized.

    The antitrust enforcement issues are sensitive because patent settlements can also promote efficiencies, resolving patent disputes that might otherwise block or delay valuable invention. Settlements can reduce the expense and delay that patent litigation often entails. They enable risk averse business firms to avoid litigation uncertainty and variance of outcome. These risks include the unjustified loss of patent rights if a court erroneously holds the patents invalid. Finally, patent settlements can promote productive technology interchange within industries (at least for non-core technologies).

    Thus, antitrust screening of patent settlements has an important role to play, identifying antitrust risks and balancing efficiency benefits. However, effective antitrust scrutiny is constrained by several factors. First, since the anticompetitive risk is most acute when patents are weak, invalid or not infringed, any precise identification of the antitrust risk would requires assessment of patent validity and scope. But these issues can only be fully resolved through litigation, and settlement precludes litigation. The alternative of assessing probable validity and infringement in an antitrust proceeding fails to provide a tractable or predictive legal standard.

    Antitrust scrutiny of patent settlements is further constrained by the fact that patent settlements are not disclosed to enforcement agencies. To be sure, the Patent Act requires filing of interference settlements and collateral agreements with the PTO. But it appears doubtful that the PTO can police disclosure of collateral agreements and the Department of Justice lacks standing to enforce compliance.The absence of effective disclosure requirements for patent settlements stands in sharp contrast to disclosure provisions for mergers, R&D joint ventures and innovation-related production joint ventures all of which require notification of the transactions to the antitrust agencies. Finally, defendants in settlement cases benefit from two legal presumptions that while legitimate in themselves, impede antitrust challenge: a patent is presumed to be valid and courts have frequently declared that patent settlements are to be encouraged.