Company Claims Patent on CD Writing
rborek writes "According to CNet News.com, Roxio is being sued by Optima Technology over Patent 5,666,531 which covers 'Recordable CDROM accessing system'. It looks as though the patent describes DirectCD and its packet writing technique. Many different programs and operating systems use this - including Linux, which opens the door for widespread patent licensing issues if the suit is valid and the patent upheld."
There really ought to be a statute of limitation with this stuff. Seriously, packet CD burning was new like 5 years ago.
1)Quietly Register Patent
2)Wait for some company to make lots of money totally legitimately
3)Sue until your stock price doubles!
Just look at their home page:
Their "accomplishments" consist mainly of suing the pants off everyone they meet!Gamingmuseum.com: Give your 3D accelerator a rest.
In looking over the patent, it does seem to describe exactly what DirectCD does - allows the disc to be continually written upon and accessed by other computers with a DirectCD-like reader on it. So it looks like Roxio might be screwed.
But does this affect the general user? I've personally never used DirectCD for anything; around our office we just burn a CD once, close the disc, and ship it out wherever it needs to go. Is there really a need for a continually writable procedure on a CD when there are so many other mediums more suitable and with more capacity than a CD?
If, as it initially appears (I'm no expert in this area), this patent represented a useful step forward in CDROM technology at the time, and the technology was picked up and used by Roxio and others without license, then why shouldn't Optima get due credit and compensation?
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Actually, I live in the DC area I know someone who works at the patent office and what you describe is actually pretty close to how it happens. Although, they do actually have people help them understand the processes described, they do no research on prior art what so ever. Apparrently there is not time. The validity of a patent is for the courts and ultimately the tax payers to figure out.
Actually, there is - a legal doctrine called "laches." Essentially, you can get bounced out of court if the delay in filing suit (1) is unreasonable, based on the totality of the circumstances, and (2) creates material prejudice (e.g., the company being sued has invested millions in marketing the product and has built a substantial customer base). Furthermore, a delay of 6+ years is presumptively unreasonable, shifting the burden to the plaintiff to show a legitimate excuse for the delay in filing suit.