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Five PC Vendors Face Patent Lawsuit

Combuchan writes "This article from internetnews.com caught my attention: While Linux lawsuits gobble up the IT community's mindshare, a lesser-known legal action is being fought seeking billions of dollars from five PC vendors. Patriot Scientific, a small, San Diego-based seller of embedded microprocessors for automotive and scientific applications, is suing Sony, Fujitu, Matsushita, Toshiba, and NEC, alleging infringement of a Patriot patent for what it calls 'fundamental microprocessor technology.'"

337 comments

  1. GAAARGH! by Malek+the+Damned · · Score: 0, Flamebait

    When will it end!!!

    It should be legal to kick the living crap out of anyone that wants to take out/enforce patents this downright dumb.

    (First post too, I think) *ding*

    1. Re:GAAARGH! by Kierthos · · Score: 3, Insightful

      This could all be solved by a careful and considered destruction of the current US Patent Office, and it's replacement by something that actually works.

      Kierthos

      --
      Mr. Hu is not a ninja.
    2. Re:GAAARGH! by irokitt · · Score: 1

      I suggest we nuke it. After all, we have plenty of them sitting around doing nothing, and what better use?

      --
      If my answers frighten you, stop asking scary questions.
    3. Re:GAAARGH! by ColaMan · · Score: 1

      I say we take off, and nuke the site from orbit. Its the only way to be sure.

      (This gratituous Aliens reference was brought to you today by boredom.)

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    4. Re:GAAARGH! by Flakeloaf · · Score: 4, Funny

      Please examine US Patent #4,791,886, titled "Manner in which to relieve the American Judicial System from pointless lawsuits 3B", written by me. Specifically, I refer you to page 1,136 of the document which sets out the detonation of a thermonuclear device as the best way to destroy the office. I would also point out that three of the words in sentence #11 in the second paragraph also end with the letter G, just like in your post.

      This is a serious infringement of my patent. Hire yourself a good lawyer buddy cause you're gonna get it.

      --

      Am I the only one who heard Roxette to sing "I'm gonna get blitzed for some sex"?

    5. Re:GAAARGH! by Captain+Splendid · · Score: 1
      No kidding. Where's the Unabomber when you need him?

      --
      Linux, you magnificent bastard, I read the fucking manual!
    6. Re:GAAARGH! by Malek+the+Damned · · Score: 1

      Wtf is a "pheg"?

      And i'm allowed to be excited, i've never got fp before =)

      flamebait? that was my honest opinion!

    7. Re:GAAARGH! by builderbob_nz · · Score: 1

      Someone tried to do this with the british government long ago. He dug a tunnel under their building and tried to blow it up, he was killed... most painfully... and now we celebrate it here in NZ every 5th of November with fireworks. What I want to know is are we celebrating that he tried to blow it up, or that he failed? If it is because he failed, then why celebrate by blowing things (all-be-it rather small things) up?

      --

      Karma? Hey I just call it as I see it.
    8. Re:GAAARGH! by monkeyfinger · · Score: 1

      Guy faulkes and his gang were trying to blow up the King and Parliment at the same time. They were doing it for religious reasons, but it was still pretty anarchic. I treat fireworks night as a tribute to their efforts.
      :-)

  2. Well that's one way... by filtur · · Score: 2, Insightful

    I guess suing is one way to make money, but not always the fastest.

    1. Re:Well that's one way... by crispybit · · Score: 1

      Last time I heard, is that lawsuits are bad for the whole nation, putting yet even more strain on taxpayers and other businesses. Maybe they should either rethink their business practices or rename themselves from Patriot Scientific to Communist Scientific.

      --
      To think is to engineer, to engineer is to become God
    2. Re:Well that's one way... by little_5_points_geek · · Score: 1

      I am so FSCKing embarassed to be a citizen of the United States sometimes. My Grand Father fought in WWI and my father in WWII My wife was killed in South Korea for this? Q: What do you call 100 lawyers trapped in a bus at the bottom of lake Michigan? A: A start

    3. Re:Well that's one way... by Almost-Retired · · Score: 1

      And what do you call 3 empty seats on that bus? A crying shame...

  3. Maybe things like this will help patents change? by wmshub · · Score: 5, Insightful

    Look, who has the clout in congress to get the patent mess cleaned up? Big companies. Thus, the fastest way to clean it up, have big companies get harassed with expensive lawsuits like this. A lot. If Intel, Microsoft, IBM, etc., waste enough money fighting stupid patents (note - I know nothing about the Patriot patents, they may or may not be stupid), then you can bet that things will change.

    Just a thought. Of course, laws would probably change in a way that makes it harder for anobody to sue big companies, but leave it just as easy for big companies to patent "one click instead of two to buy an item" type idiocy, but we can hope, can't we?

  4. Patriot? by centralizati0n · · Score: 5, Interesting

    Had anyone else not heard about this company before today?

    1. Re:Patriot? by irokitt · · Score: 1

      Hell no, and I live in San Diego and even read up on the embedded scene every once in a while.

      --
      If my answers frighten you, stop asking scary questions.
    2. Re:Patriot? by larzgold · · Score: 1

      Funny thing I own the stock - bought it back as a penny stock years ago - thought they would be big in the embedded market. Gave it up for dead

    3. Re:Patriot? by sir_cello · · Score: 1


      Despite it's flaws, the patent system is here exactly to help stop big companies walking over new/unknown companies that may have invented new technology. You're suggesting that simply because we haven't heard of them makes it dubious ? Let me name a couple of thousand unknown inventors who came up with something new ...

    4. Re:Patriot? by DocScience · · Score: 1

      Have you read the patent? Looks like typical patent-the-obvious-and-hope-to-snow-the-investors rubbish. I have this patent I am working on with a similar plan. I call it the Systematic Alteration and Lowering of Evaluations. This invention actually uses an computer-based algorithm and publishing mechanism to increase retail demand by periodically changing prices and communicating it to potential buyers. After the patent office grants it, I plan to sue the department stores for royalties on my SALE technology.

    5. Re:Patriot? by ReaperOfSouls · · Score: 1

      You're suggesting that simply because we haven't heard of them makes it dubious ?

      Actually I think the real reason why this looks really dubious, is the fact that it is five suits against supply side consumers. From the article it is pretty sure they are claiming that the Intel chips contain the technology in question. The idea that you can sue consumers, for a patent infringment on the part of their supplier is certianly dubious.

      Beyond that their mere submission of : "Our main focus is the IP [intellectual property] business now," he said. is a fairly good indication that they are in death throws and looking/scraping for anything to keep them a float.

      --
      Shameless self promotion : The Misadvetures of the in
    6. Re:Patriot? by beanlover · · Score: 1

      I have actually been following them for a few years (with the exception of the last year or so) because they have a microprocessor that will run java (and other languages) natively.

      They are a penny-stock company and have been for a long time. I watched them (without buying) for a while because I thought their processor would be good if java-enabled devices ever became a HUGE market. This has yet to develop and it seems at though this company, while having a good thing IMO, is starting to die waiting for the market to get large enough.

      This, and other lawsuits like it by them, seems to be a survival tactic. Now...is that a bad thing? We all know SCO is trying to do this for a bad reason...it seems that if PTSC can support their claims then this would be a good thing.

      I can't imagine Intel not watching every other chip maker in the world and trying to learn their greatest secrets. In this case the "secret" is written in the patent office. IF they are infringing they should pony-up.

      Will be interesting to see what heppens.

  5. oh for fucks sake by Anonymous Coward · · Score: 5, Informative

    these guys are idiots. Here's the patent:

    San Diego, CA - August 7, 2003 - - Patriot Scientific Corporation (OTCBB:PTSC) developer of key microprocessor technologies and scalable Java solutions for mobile products, today announced that it has received an additional patent for fundamental microprocessor technology currently in widespread use. United States Patent #6,598,148 B1 has been granted for PTSC's variable speed clock acceleration technology for RISC and CISC processors. The patented technology not only bolsters PTSC's licensable microprocessor IP portfolio, but further strengthens the company's patent rights.

    Future patent grants are expected that will further expand PTSC's rights within these fundamental technologies.

    Jim Turley, editor of Silicon-Insider and previous editor of Microprocessor Report and a member of the company's Scientific Advisory Board, said, "After analyzing PTSC's patent, I'm certainly impressed with its range of coverage, basically representing the dominant means of accelerating internal microprocessor clock speeds."

    Jeff Wallin, president and CEO of PTSC stated, "This is an important patent grant as it further validates our early innovation of key processing technologies that are ensconced in our IP portfolio. It not only gives our customers an extra measure of certainty in terms of our virginity and the technology but it substantially strengthens the validity and scope of our patent enforcement efforts."

    Because of the breadth of the company's patent portfolio coupled with the size of the market benefiting from the company's protected technologies, the company is pursuing an intellectual property compliance program targeted at hundreds of companies using microprocessors with internal capabilities greater than 120 KHz. This is estimated to be in excess of a $200 billion market. Beatie and Osborn LLP, one of America's most prestigious law firms, represents the company's licensing and enforcement objectives.

    1. Re:oh for fucks sake by cheekyboy · · Score: 1

      god, i wonder how much longer god can take this before he says, fuck it, heres a 100km comet heading your way.

      Did all these business managers (that have zero clue) come from hell? Or do they only see $$$ in their eyes.

      Drugs shouldnt be illegal, money should be.

      --
      Liberty freedom are no1, not dicks in suits.
    2. Re:oh for fucks sake by jfengel · · Score: 3, Insightful

      I love the part that says, "I'm certainly impressed with its range of coverage, basically representing the dominant means of accelerating internal microprocessor clock speeds." In other words, the industry analyst they went to for a quote says, "Wow, they've patented what everybody is already doing."

    3. Re:oh for fucks sake by Anonymous Coward · · Score: 0

      I love the part : "an extra measure of certainty in terms of our virginity".


      More than once I wish I had a few extra measures of this...its so hard to come by these days...
    4. Re: oh for fucks sake by cypherwise · · Score: 1

      The patent was filed July 29, 1998. As detailed at the USPTO .

    5. Re:oh for fucks sake by Anonymous Coward · · Score: 0

      The phrase "currently in widespread use" needs more emphasis.

    6. Re:oh for fucks sake by Groote+Ka · · Score: 1
      They have some more patents in the same field:

      US5809336
      US5784584
      US5659703

      And two (ground) radar stuff.

      The patent is a divisional, filed after June 1995, with a first filing date of 3 August 1989. This patent ends 3 August 2009, AFAIK.

      Apparently, it took them a long while before they knew what to claim. It surprises me they did not file a continuation in part (for which addition of subject matter with respect to the first filing is alllowed) but a divisional (for which this is not allowed; at least not in Europe).

      But hey, they sued the best in class, when the patent is tricky (added stuff etc.), the companies sued surely will blow it to bits. Especially Sony and Matsushita are no fools with patents.

      And if I were Jeff Wallin, I'd sue computer manufacturers as well instead of processor manufacturers. 10% Royalty over a computer is significantly more than 10% royalty over a processor.

    7. Re:oh for fucks sake by Groote+Ka · · Score: 1

      Oh yeah, forgot the blabla: I am no US patent attorney, so my other posting was no legal opinion.

  6. This is starting to get ridiculous. by JessLeah · · Score: 5, Funny

    Does any company actually have a business plan that isn't based around suing people any more?

    1. Re: This is starting to get ridiculous. by Black+Parrot · · Score: 5, Funny


      > Does any company actually have a business plan that isn't based around suing people any more?

      Yes - law firms.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:This is starting to get ridiculous. by Anonymous Coward · · Score: 0

      ...the RIAA? - they just sue IP addresses these days

    3. Re:This is starting to get ridiculous. by sl0wp0is0n · · Score: 0, Redundant

      Wait a moment! Long back, I patented the idea that one could make money by suing somebody. Hehe... I can already see the $$$$$ and you can't ever sue me for money... 'coz guess what.... you'll be violating my patent by doing that!

      --
      My other dog is a Wienerschnitzel.
    4. Re:This is starting to get ridiculous. by Anonymous Coward · · Score: 0

      IP (intellectual property) vs IP (Internet protocol) .... whats the diff ?

    5. Re:This is starting to get ridiculous. by builderbob_nz · · Score: 1

      Well, I would like to say that mine is, but then again that's pretty obvious as I'm Kiwi not American... Ouch that hurt!

      --

      Karma? Hey I just call it as I see it.
    6. Re: This is starting to get ridiculous. by dbuttric · · Score: 1

      I wonder when someone will patent procedures involved in bringing suit against someone?

      Microsfots lawyers will patent their procedure for responding to complaints, and then bring suit against other law firms that match that...

      sigh...

  7. Prior art? by Bastian · · Score: 3, Interesting

    It says in the article that Patriot's patent was issued last summer.
    Pentium chips have been around since the mid-90's.
    Doesn't this make for a ridiculously clear case of prior art?

    1. Re:Prior art? by LostCluster · · Score: 4, Informative

      When the patent is approved is not as important as when it was filed, which in this case appears to be 1998. Moves the date-to-beat back a little, but I don't think it's enough to save this joke of a patent.

    2. Re:Prior art? by lexiconbt · · Score: 1

      note quite. but you're close.

      date of invention is important. not-so-much date of file or date of patent award.

      anybody know when they claim to have invented this ip?

    3. Re:Prior art? by mabhatter654 · · Score: 2, Informative

      but they cleaned up the submarine and lacheys patents about 99-2000. That was when the US patentents went from 3 years to file/17 years to 20 years total with 1 to file...the pentium & pentium 2 & 3 were all in sample production by the filing date...Even the athlon was sampleing to internal customers at that point...

    4. Re:Prior art? by Anonymous Coward · · Score: 0
      From the Patriot (?) Scientific press release, they are suing over U.S. Patent 5,809,336. The effective filing date is what matters when it comes to issues of prior art. In this case, that date is August 3, 1989.

      This application is a division of U.S. application Ser. No. 07/389,334, filed Aug. 3, 1989, now U.S. Pat. No. 5,440,749.

      It is interesting to note that the patent application was actually filed on June 7, 1995, which was the last date for a patent application to be actually filed and still enjoy the old "17 years from issue" versus today's "20 years from application" patent term.

      Whose got a torpedo to take this submarine out?

    5. Re:Prior art? by madpierre · · Score: 1

      Charles Babbages' difference engine?

      Ok it wasn't micro and it didn't process but what the fuck I'll still sue your ass it's better than actually *making* anything. ;)

      It's not external threats the Yanks should be worrying about. Their homegrown parasitic lawyers are doing far more damage to their economy.

      --
      siggy played guitar
    6. Re:Prior art? by Anonymous Coward · · Score: 0

      "RISC" chips, which they mentioned, have been around since at least the early 80's. So unless they invented those, I don't see how their patent will hold up.

  8. Screw this patent crap. by dubdays · · Score: 1

    This crap is getting out of hand. The patent office is really starting to just give out any and all patents applied for. It's almost getting to the point where we need to have some kind of IP court that determines whether or not a certain idea/algorithm/process deserves a patent to begin with. If not, no patent. Period. If there's prior art, no patent. Period. This garbage needs to be burned before people/companies/criminals (take your pick) have the opportunity to sue.

    1. Re:Screw this patent crap. by dubdays · · Score: 3, Insightful

      And, on top of all this, this company has the nerve to go after Intel's CUSTOMERS, instead of the company itself. Personally, I think all of these lawsuits should, by default, be dismissed, since there has been no lawsuit against the "potentially" infringing company to determine the validity of the claim(s).

    2. Re:Screw this patent crap. by digitalvengeance · · Score: 4, Insightful

      From the parent: "we need to have some kind of IP court that determines whether or not a certain idea/algorithm/process deserves a patent to begin with. If not, no patent."

      Isn't that precisely what the patent office is supposed to do? The problem is that they are inundated with so many requests that they don't have the resources (or desire for that matter) to adequately analyze and process each application.

      I think the IP court you suggest would be subject to exactly the same problem, but with the added detriment of procedure in our never-ending legal process.

      Though I haven't read the patent in question, it's possible that Intel's work in the 90s reflects prior art - but the patent office doesn't have time to find out one way or the other.

      --
      How many roads must a man walk down? 42.
    3. Re:Screw this patent crap. by dubdays · · Score: 2, Interesting

      So, instead of having IP patents go through the same office as everything else, why don't we set up some kind of office that only deals with this type of patent? Obviously, it is very different from the types of patents the patent office is accustomed to dealing with. The people who approve or deny these patents really need to be knowledgable in IP rights as pertaining to computers. While there are definitely some patents that have somewhat of a point, some are just completely outrageous, and these should be caught before any patent is issued. Hell, for the cost of patenting something, I feel that there should be some checks put in place to protect others, as well as the potential patent holder.

    4. Re:Screw this patent crap. by digitalvengeance · · Score: 1

      I like that idea, but I still find it questionable that the USPTO or some subset thereof could afford the type of experts necessary to properly handle the wide range of IP patents applied for everyday. Can the USPTO really have a resident microprocessor expert on staff to handle all of Intel/AMD/Patriot's stuff? Probably not. Why not make companies such as this pay for the USPTO to hire an independent expert (to be selected by the USPTO) to review any particular patent. Moderation committees or eventually the courts could ensure that such private experts didn't act out of private interest. Basically, an "expert witness" function for the USPTO.

      --
      How many roads must a man walk down? 42.
    5. Re:Screw this patent crap. by dandelion_wine · · Score: 1

      digitalvengeance is right. The patent office does not have the mandate to judge whether a patent is valid or not. They also don't have the resouces. If they were going to have a specialized office, it wouldn't be compsci, it would be biotech, and even then, for them to "judge" your patent would be beyond the pale. They have no right to tell you that you can't patent your invention, unless it clearly can't work, you don't supply sufficient details of the design, or the design has already been patented.

    6. Re:Screw this patent crap. by a+whoabot · · Score: 1

      I couldn't afford to pay an expert myself, but what if I still wanted to file a patent? Would it just apply to corporations? Still, only a singular person applies for a patent, don't they? And the coporations merely get those rights from those people(usually their employees?)?

      I'm sure the USPTO could spring for a couple (more?) computer experts, what would it be, like, $200,000 a year?

    7. Re:Screw this patent crap. by TwistedSquare · · Score: 1
      Isn't that precisely what the patent office is supposed to do? The problem is that they are inundated with so many requests that they don't have the resources (or desire for that matter) to adequately analyze and process each application.

      From what I gather patent offices don't do thorough checks on prior art, only on prior patents. It's really up to the filer these days to check for prior art. If there is some the patent may be granted but will then be knocked over in court by some other company. Someone told me that it's estimated that 80% of patents are invalid, presumably they just haven't been tested in court yet.

    8. Re:Screw this patent crap. by PMuse · · Score: 1

      we need to have some kind of IP court that determines whether or not a certain idea/ algorithm/ process deserves a patent to begin with. If not, no patent.

      Well first, there's the examiner, then the PTO Board of Appeals, then the PTO Commissioner. Trouble is, the applicant gets to keep narrowing what he says he wants in his patent, so most patents eventually issue. (Total money so far, ~$15000, all from the applicant.) Then there's trial in a local Federal District Court somewhere. (Total money, >$1M each side.) After that, appeals pre-1983 used to go to a local Circuit Court of Appeals, and maybe to the Supreme Court. (More money per side.) Back in that time, it was very very rare to see a patent successfully enforced.

      But, in 1983, congress decided that a "special patent court" was needed, so they rerouted all appeals in patent cases to a new Circuit Court called the Federal Circuit Court of Appeals. The idea was to make patent law consistent nationwide without having to get up to the Supreme Court, who could seldom be bothered.

      And what's happened since 1983? Well, computers came into widespread use. The Federal Circuit decided that methods of doing business (including computerize methods) were patentable, and then the late 1990s rush to the PTO was on. The result of having a "special patent court" has been vastly expanded enforcement of patents, not a contraction.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    9. Re:Screw this patent crap. by Anonymous Coward · · Score: 0

      "Though I haven't read the patent in question, it's possible that Intel's work in the 90s reflects prior art - but the patent office doesn't have time to find out one way or the other."

      That's ok, the patent office doesn't really have the time to read the patent in question or find out. "Technobabble, technobabble, technobabble, sounds impressive, approved."

      The patent office will never have all the expertise it requires for all the variety of patent applications it receives. Consequently there should be a 30 day challenge period before the granting of any patent, so that interested parties can point the patent office towards relevant information with regard to prior art, originality, triviality, etc. Only people who are actually interested and experienced in the area of the patent have the prerequisites to adequately judge it.

  9. WHY? by Anonymous Coward · · Score: 0

    Why sue the consumer (meaning the five manufactors) rather than the producer and distributor (Intel). Other than this being another BUY ME, BUY ME case. Meaning SCO.

    1. Re:WHY? by kfg · · Score: 5, Insightful

      Because the manufacturers are more likely to settle. The producer of the OEM parts, whose entire business is based on the technology, is more or less obliged to put up a hell of fight.

      These suits, although not legally, are basically extortionate. Nobody wants to actually go to trial, least of all the company bringing forth the claim. Said company just wants someone to mail money to their post office box in order that they be left alone.

      Once one person buys a "license" they can then use this to spread FUD that said purchase "proves" their case. See SCO/Sun/Microsoft.

      One possible defense approach is to argue that since the parts are purchased you are not the primary litigant at law. Plaintiff must first prove their case against the manufaturer of the part before you can be held liable for infringement. You may or may not be financially liable, but it isn't your job to defend the IP if you are not its genesis. If the argument is accepted by the judge this does not dismiss the case, but holds it in abeyance until the primary claim is settled.

      Then the plaintiff must decide if they want to go up against the big gun or not. If they do not then the pending case will eventually be dismissed. If they do then at least the smaller fish has the big one as its ally, and if the big one prevails than the orginal suit may be dismissed as groundless.

      If big fish loses then the settlement may be held to have sufficiently compensated the plaintiff and the suit against the smaller fish may be dismissed so long as they no longer infringe. Which they're not likely to do because the OEM source will have licensed the technology in order to continue to sell it.

      While all of this is going on the legal issues become a bigger and bigger tarball encompassing more and more companies who are more and more likely to just settle and get it the bloody hell over with.

      It's basically stealing the nerdy kid's lunch money.

      KFG

    2. Re:WHY? by ameoba · · Score: 1

      About the only case I could see this tactic having any merit would be if the parts supplier was located in some foreign country where the patent was not enforced, in which case, the product's shipments into this country becomes a customs issue. Outside of that, taking 5 separate corporations to court for the same charge because they buy parts from a specific vendor is crap.

      On top of that, I seriously doubt that the lawyers would let their company base their business around products from Intel without some sort of indemnification from IP issues.

      --
      my sig's at the bottom of the page.
    3. Re:WHY? by kfg · · Score: 1

      There's another possible reason for suing the secondary businesses though. To create a sort of "Korean Conflict" out of it. In Korea the real belligerants were America and China, but by fighting the war through Korea and on Korean soil neither America or China suffered. Korea was effectively destroyed, but so what? They "don't count" except as a power pawn of the big boys.

      By suing a secondary target they "take the hit," but as the issue is one of someone else's IP that someone else is inevitablly drawn in the provide the relevant testimony. It's unavoidable.

      Thus the real combatants can fight each other at arms length, either laying waste to the poor bastard in the middle, or, creating a business vassel out of them.

      KFG

    4. Re:WHY? by little_5_points_geek · · Score: 2, Funny

      My 10 year old son runs Linux and codes html in a text editor, and is learning C++. I am taking away his computer, buying him a weight set and teaching him how to beat up other kids for lunch money. Then he can go to law school and become an IP Attorney. I don't want my son to be trampled by the bullies and the Idiots. If you can't fight `em join `em

  10. Avoiding the big fish? by LostCluster · · Score: 2, Insightful

    Why is it that they're suing Intel customers but not Intel itself... seems like they're afraid to go after somebody who might challenge them rather than settle...

    1. Re:Avoiding the big fish? by doormat · · Score: 2, Insightful

      Intel is actually being proactive in this situation. Patriot sys. is just trying to establish a weak case against relatively weaker companies. Plus system integrators are a lot less likely to be knowledgable regarding intel's patents (less equiped to deal with microprocessor details) than intel themselves.

      --
      The Doormat

      If you're not outraged, then you're not paying attention.
    2. Re:Avoiding the big fish? by Anonymous Coward · · Score: 0

      Sony and Fujitsu aren't exactly small fries. What interests me is that all 5 companies are japanese. Does Patriot think foreign companies will have less prescence in US court?

    3. Re:Avoiding the big fish? by eclectro · · Score: 3, Interesting

      Why is it that they're suing Intel customers but not Intel itself... seems like they're afraid to go after somebody who might challenge them rather than settle...

      Saying that Intel is an 800 pound gorilla is an understatement.

      They don't want to fight Intel because they know that Intel's breadth of microproccessor technology is staggering. Probably enough to break the patent, if not rub out the company with legal entanglements.

      This would be a good company for Intel to make an example of.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    4. Re:Avoiding the big fish? by 13Echo · · Score: 4, Insightful

      I think that you guys are getting the wrong idea here. This is about CPUs geared for embedded application. All of the targets have their own RISC CPU products, or license CPU technology for their own products from other companies.

      Here are some examples.

      http://www.fme.fujitsu.com/products/micro/32bit/
      http://www.toshiba-electronics.com.hk/eng/system /3 /homepage2.htm
      http://siliconvalley.internet.com/ news/article.php /2212821
      http://www.necelam.com/microprocessors/i ndex.php?S ubject=Home

      Beyond these guys, there are even more companies that have similar products. Hitachi's Super-H line comes to mind.

    5. Re:Avoiding the big fish? by KarmaMB84 · · Score: 0

      According to the article, the technology is present in Intel's Pentium (non-specific about which one first contained it) processor. The company goes further and calls the technology "fundamental" as if to say that it is now used in any decent processor.

      The statement "Our main focus is the IP [intellectual property] business now" indicates that they may be going after more than just Intel's customers in the future. If it is "fundamental" then I'd expect they may go after AMD customers and possibly AMD itself before taking on Intel.

    6. Re:Avoiding the big fish? by Anonymous Coward · · Score: 0

      Sure, I know what the article says. I am just saying that I don't think that is the real reason. Intel doesn't have similar product that matches these things.

  11. Im in the wrong business by t0ny · · Score: 4, Insightful

    It seems the only people making serious money from high tech are the lawyers.

    --

    Manipulate the moderator system! Mod someone as "overrated" today.

    1. Re:Im in the wrong business by Kierthos · · Score: 4, Insightful

      Replace "high tech" with lawsuits and you've got it. Seems every time I read about some multi-million dollar class action suit getting settled, the lawyers end up with millions, and the people affected end up with a buck and change each.

      "First, kill all the lawyers."

      Kierthos

      --
      Mr. Hu is not a ninja.
    2. Re:Im in the wrong business by Frymaster · · Score: 4, Funny
      "First, kill all the lawyers."

      smart. who's going to defend you on that murder rap then?

    3. Re:Im in the wrong business by Anonymous Coward · · Score: 0

      Who's going to prosecute?

    4. Re:Im in the wrong business by vivian · · Score: 2, Funny

      For sure. Time to give up a career as a programmer and go back to school & join the Dark Side (IP law) - if you can't beat 'em, join 'em.

      At least they won't ship *that* job ofshore too quickly.

    5. Re:Im in the wrong business by nuntius · · Score: 5, Funny

      Who's left to prosecute?

    6. Re:Im in the wrong business by TheLoneDanger · · Score: 2, Funny

      You still have to be convicted by a jury of your peers. Who's not gonna consider it justifiable homicide?

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    7. Re:Im in the wrong business by ameoba · · Score: 1

      Would anybody want to?

      --
      my sig's at the bottom of the page.
    8. Re:Im in the wrong business by Anonymous Coward · · Score: 0

      "First, kill all the lawyers."

      "smart. who's going to defend you on that murder rap then? "

      Without lawyers, would there be a reason to kill??

    9. Re:Im in the wrong business by Anonymous Coward · · Score: 0

      Who's going to prosecute? And since most judges are actually lawyers, who will sit as judge? In fact, with no judges to write search warrants, and no prosocuters to handle the criminal suits, why would cops bother arresting anyone, since without due-process, you couldn't hold anyone very long, and could never actually prosocute anyone legally. Obviously, IANAL. :)

    10. Re:Im in the wrong business by p2sam · · Score: 1

      who's going to enforce due-process? The cops can just keep your arbitrarily long ...

    11. Re:Im in the wrong business by panxerox · · Score: 1

      Who's left to prosecute? Why that would be the mob carrying torches and a rope outside your window.

      --
      "It's so convenient to have a system where everyone is a criminal" - A. Hitler
    12. Re:Im in the wrong business by Goo.cc · · Score: 1

      ""The corporation *cannot* be ethical, its only responsibility is to make a profit." - Milton Friedman"

      Dude, I love that quote.

    13. Re:Im in the wrong business by PMuse · · Score: 1

      Who's left to prosecute?

      The cops. The government. The military. Does that make you feel comfortable in your civil liberties?

      If not, you may need to kill them, too. Then what? Repeat until all dissent is gone? Me, I'd rather just endure the presence of lawyers.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    14. Re:Im in the wrong business by PickyH3D · · Score: 1
      That works both ways.

      The cops could do whatever they wanted because there would be no judge to say no.

    15. Re:Im in the wrong business by neurosis101 · · Score: 1
      Kinda OT, but I'm gonna bite.

      Why SHOULDN'T the lawyers get a lot of the money? Who do you think usually starts these things? Who do you think invests the time and effort into the research that goes into these things? If they make it happen and spend months on this, why shouldn't they get paid for it by taking a third of the damages?

      I agree it seems unfair, but you have no IDEA how much time goes into preparing and working on those cases; that's their dedicated activity for months. I'm not trying to say that these lawyers suffer, but I think its unfair to say they deserve nothing.

    16. Re:Im in the wrong business by Hellkitten · · Score: 1

      Why that would be the mob carrying torches and a rope outside your window.

      They'd have to compete with the other mob that's going to praise him. On secod thought: Maybe we'll let them hang him, a martyr is even better than a hero.

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    17. Re:Im in the wrong business by NuShrike · · Score: 1

      Pay lawyers the same fixed amount for any case when they win a suit. No hourly rates, no commissions, no percentage of the settlement.

      That should make this job an honest one, if much less lucrative.

    18. Re:Im in the wrong business by Anonymous Coward · · Score: 0

      First kill all the lawyers, you say? Very funny. From Shakespeare, right? You know why? The guys wanted to overthrow the government, and realized that the lawyers represent stability and power in the society. Try reading before you quote something ;)

  12. Patent info by Amigori · · Score: 5, Insightful
    Its funny how they decided to go after Intel's clients and not Intel or even AMD. This is similar to suing the local car dealership over a manufacturing issue, which only the auto manufacturer would have control over. Intel isn't resting on its laurels with this case either, as they have filed "a motion in the Northern District of California seeking a court order stopping Patriot from suing any additional Intel customers."

    Here is the official patent from the USPTO. It was originally filed in 1998, but IC's have been around much longer than that, so I'm sure there's some prior art somewhere. This next quote could almost have come from the depths of the SCO complex:

    "'Our Main focus is the IP [intellectual property] business now,'" he [CEO Jeff Wallin] said."

    Kinda sounds like Rambus and look where they've gone.

    Amigori

    --
    "The quality of life is determined by its activites."--Aristotle
    1. Re:Patent info by cesspool · · Score: 3, Insightful

      From the state of their site, it looks like the company is still viable. It's an indictment of the US system that Rambus wasn't involuntarily dissolved and its officers punished, either by the courts or by their shareholders

    2. Re:Patent info by rs79 · · Score: 2, Informative

      Yeah well, Intel did the right thing at the right time. They giggled at the patent for about 8 seconds then filed for a declaratory judgment of non-infringement. As soon as they can get this they can sit back, wave it and say "bogus!" whenever anybody mentions this silly patent.

      This should be non-news by, say, tuesday.

      IANAL. IAAP.

      --
      Need Mercedes parts ?
    3. Re:Patent info by dj245 · · Score: 4, Insightful
      I find this chip case to be identical to the case Henry Ford fought off starting in 1903 and lasting to 1911 or so. He wouldn't pay for the expensive "Selden" patent, which didn't apply to the type of gasoline engine he was making anyway, and the Selden patent holders sued him, and then sued his customers to make them quit buying Ford cars. His customers, like you say, had nothing to do with it. But stupidity persists in lawsuits, even 100 years later.

      Obviously the Selden patentholders lost, as we have Ford Exploders and Ford Festivas in abundance today, but no Selden engines.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    4. Re:Patent info by eclectro · · Score: 1

      Actually it's not viable. It needs money, so it thinks that it can "sue it's way into wealth" ala SCO

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    5. Re:Patent info by Jeff+DeMaagd · · Score: 1

      The companies being sued aren't exactly small time players. Sony, Fujitu, Matsushita, Toshiba, and NEC are all HUGE companies. They all happen to be based in Japan. They all happen to make their own silicon to some extent, all of them design, I don't know about fabbing.

    6. Re:Patent info by Anonymous Coward · · Score: 0

      What if a judge doesn't grant Intel a favorable judgement?

      Judges take the law as written much more seriously than slashdot and the PTO gets deference in court.

    7. Re:Patent info by thparker · · Score: 1
      Obviously the Selden patentholders lost, as we have Ford Exploders...in abundance today

      Oh, come on -- abundance? I haven't seen a Pinto on the road in years.

  13. I own a patent by ElliotLee · · Score: 0, Redundant

    for fundamental Internet and networking technology.

  14. Assholes. by Anonymous Coward · · Score: 3, Insightful

    Although Patriot has plans to move forward with its 32-bit processors and application-specific integrated circuits, Wallin said that product revenues were currently "negligible."

    "Our main focus is the IP [intellectual property] business now," he said.


    They don't actually make anything. They are a perfect example of why patents should be abolished - consumers and manufacturers all loose because of higher prices that support legalized protection rackets run by these thugs.

    1. Re:Assholes. by Anonymous Coward · · Score: 0

      Good plan! Only huge corporations with huge pockets should be allowed to invent something! Excellent!

      If you *ever* get a good idea you'll learn to appreciate the patent system. Without it, Microsoft, IBM, or some other behemoth will simply take it from you and you'll get nothing for what might have taken *years* of your life to invent.

      When you get a smart idea, let us know.

      Where did all the slashdot clowns get the idea that "making"/manufacturing things is more important or difficult than *inventing* something new?

      Anyone with a few billion dollars can produce any product on the planet but it takes real brains to invent something which is why you never see anything truly new coming from 'innovators' like Microsoft. All money, no inventions, lots of ability to steal and reproduce other's hard work.

  15. Sound Familiar? by KillerHamster · · Score: 4, Funny

    Although Patriot has plans to move forward with its 32-bit processors and application-specific integrated circuits, Wallin said that product revenues were currently "negligible."

    "Our main focus is the IP [intellectual property] business now," he said.

    Gee, this really reminds me of someone... can't think of the name...

    1. Re:Sound Familiar? by Anonymous Coward · · Score: 0

      Hmm, Rambus)?

      SCNR...

    2. Re:Sound Familiar? by Bigman · · Score: 4, Insightful

      This situation is just what real inventors need. This shows that patents do not automatically encourage advancement in technology - the main argument used to justify software and technology patents. I think that in order to enforce a patent the holder should have to show that thet where at least attempting to exploit it - and not merely squatting on the patent in order to sue when someone else puts their time and money into developing the idea. Sueing for IP rights when you are otherwise not actively using those rights to develop or bring to market a product (or raising funding to do the same) is morally wrong, and the governments of the world need to have this fact rammed down their throats until they take notice. *sigh* /rant

      --
      *--BigMan--- Time flies like an arrow.. but personally I prefer a nice glass of wine!
    3. Re:Sound Familiar? by Anonymous Coward · · Score: 0

      So in your universe if I were to, oh say, invent a functional quantum computer that makes today's computers look like a joke I wouldn't be allowed to protect my idea unless I could also afford to build a multi billion dollar chip fabrication plant to product quantum computers?

      Only big companies with deep pockets should be inventing anything in your world, huh?

      Brilliant.

    4. Re:Sound Familiar? by Anonymous Coward · · Score: 0
      Gee, this really reminds me of someone... can't think of the name...

      The folks at SCrOtum, perhaps?
    5. Re:Sound Familiar? by goldstein · · Score: 1

      I think the point is that an inventor should attempt to at least market his invention to someone who can implement it rather than simply lying low in ambush waiting for someone else to market soemthing vaguely similar.

  16. Recipe for legal victory by filtur · · Score: 5, Funny

    Intel should outsource their legal team to a foreign country. Just imagine a team of high priced lawyers with heavy accents all using the wookie defense! They'd unstoppable!

    1. Re:Recipe for legal victory by Anonymous Coward · · Score: 0

      Is "the wookie defense" the one from south park, that has nothing to do with the case; or the one from star wars, in which Chewbacca brilliantly defeats R2D2 in what appears to be space-chess with the brilliant "will rip your arms off" maneuver?

    2. Re:Recipe for legal victory by Anonymous Coward · · Score: 0

      The wookie defense doesn't have anything to do with ANY case. That's the point!

    3. Re:Recipe for legal victory by Anonymous Coward · · Score: 0

      Obviously you're not a lawyer. The wookie defense is just that, a defense for a criminal charge, not a recipe for civil trial victory.

  17. Deja SCO by drinkypoo · · Score: 1

    The difference is, these guys are smart enough not to attack the gorilla. If they really had something, they'd name intel.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Deja SCO by LostCluster · · Score: 1

      Yeah, but it seems like Intel's trying to get standing in the existing lawsuits so that they can put an end to this quickly...

    2. Re:Deja SCO by narkotix · · Score: 1

      Sony, Fujitu, Matsushita, Toshiba, and NEC arent bigger gorilla's? last time i checked they were damn huge!

      --
      We played dungeons and dragons for 3 hours.....then i was slain by an elf
    3. Re:Deja SCO by Anonymous Coward · · Score: 0

      hmm doesn't take a genious.. Patriot .. don't you notice that company is suing all Japanese Companies? pretty obvious stuff here.

  18. litigation... by ophix · · Score: 0, Redundant

    ... if ya cant beat em, sue them! i swear this is getting stupid. anyone know what patent they actually have? the article didnt say what the patent actually was (or if it did, i missed it)

  19. This is nuts. by mind21_98 · · Score: 4, Interesting

    I think what would help more than patent reform though is tort reform. For one, making the losing party pay is a start. Also, finding a way to reduce lawsuits or using arbitration more often will contribute significantly. Reforming the patent system would be nice too though.

    1. Re:This is nuts. by LostCluster · · Score: 1, Redundant

      I don't know if loser pays changes much on these things. Afterall, if the SCO Group's claims on Linux are found to be worthless, the company has no other real assets left. They'd already be bankrupt, so where would the money to pay for all of the trouble they've caused come from?

      I think what this calls for is some way to pierce the shield of a company so that executives become criminally responsible personally for schemes this far out of bounds. Reckless use of the courts as a business plan should not be tolerated. It basically amounts to a fraudulent claim by a whole company...

    2. Re:This is nuts. by Qrlx · · Score: 4, Insightful

      if you make the losing party pay, you can pretty much guarantee that people like you or I will never, ever go up against a big corporation and their hordes of lawyers. If you lost, you'd be bankrupt.

    3. Re:This is nuts. by Anonymous Coward · · Score: 0

      Take the ceo's house

    4. Re:This is nuts. by autopr0n · · Score: 1

      if you make the losing party pay, you can pretty much guarantee that people like you or I will never, ever go up against a big corporation and their hordes of lawyers. If you lost, you'd be bankrupt.

      What diffrence would it make? The companies could counter-sue, and you'd go bankrupt trying to defend yourself.

      --
      autopr0n is like, down and stuff.
    5. Re:This is nuts. by kcbrown · · Score: 2
      if you make the losing party pay, you can pretty much guarantee that people like you or I will never, ever go up against a big corporation and their hordes of lawyers. If you lost, you'd be bankrupt.

      If you implement the system stupidly, then yes, you're right.

      But nothing says you have to be stupid about how you implement it. If you stipulate, for instance, that the maximum the losing party will pay is, say, 50% of his total assets, then the average person could still get away with a lawsuit -- it would hurt a lot if he lost, but you want that to be true. At the same time, though, the average person would still be left with half his assets, so he wouldn't be completely screwed.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    6. Re:This is nuts. by Bastian · · Score: 1

      I gotta say, making the losing party pay would reduce the number of lawsuits signifigantly. Nobody would ever sue anybody who was much richer than themselves, no small companies would sue large companies, and no individuals would sue any companies. Conversely, at the merest hint of a lawsuit, the small fish would always raise the white flag before anything ever got filed. On top of that, nobody would ever try to invent anything unless it were under the auspices of some megafirm, for fear of violating some megafirm's portfolio of patents.

      Now if we had some sort of law crafted to avoid lawsuit by attrition, I'd be more interested.

    7. Re:This is nuts. by prockcore · · Score: 5, Insightful

      if you make the losing party pay, you can pretty much guarantee that people like you or I will never, ever go up against a big corporation and their hordes of lawyers. If you lost, you'd be bankrupt.

      I think it should go like this:

      If you get sued by someone with a patent, and the patent is found to be invalid. The Patent Office should have to pay your legal fees, as well as other punitive damages.

      The Patent Office currently makes a lot of money granting patents, and it doesn't cost them at all if they grant stupid patents. They should be forced to pay financially for granting invalid patents.

    8. Re:This is nuts. by Lucky_Norseman · · Score: 2, Informative

      The simple solution is to make the payment an optional part of the judge's ruling.

      In Norway, an unfounded lawsuit (or an unfounded denial of a valid suit) would typically be saddled with all expences of the winning part, while in a case where the judg(es) decide that both had genuine reason for going to court they will each be covering their own expences.

    9. Re:This is nuts. by Almost-Retired · · Score: 4, Insightful

      If you get sued by someone with a patent, and the patent is found to be invalid. The Patent Office should have to pay your legal fees, as well as other punitive damages.

      Where do I sign up to vote for this? I'm gonna make sure that everyone in all the local cemetaries is also registered and votes for it.

      Seriously, this, if it weren't for the USTPO being paid for by taxpayer dollars in the first place, and therefore any punitive action against them translates directly to a punitive action against the public at large, while they are still insulated from the results of their usually brainless actions. This has got to stop, and do so without allowing politics into the picture.

      So the first step is to privatize the USTPO, making someone at the top responsible for the agencies continued financial viability, maybe even with jail time for a proven in the courts failure. If damages were against them for granting a bogus patent, you can bet your ass that efficient means of searching for prior art would be just a perl script away from reality.

      As it exists today, it appears that the USTPO has no real incentive to "waste time on all that folderol".

      So yes, I'm in favor of a large, smoking, hole in the ground where the present agency resides, but we also have a very very real need for something that actually works.

      We'd have to pay the top person well enough to make the job appealing even while holding that person punitively responsible for failures. That would go a long ways toward assuring that a granted patent in indeed a patentable idea, unclouded by any possible tainting by prior art.

      Fees for fileing a patent would of course have to go up, way up to the point that the only way I could afford to file one is if I sold 90% of myself to somebody in the VC business. As thats often the case today anyway, I don't see that as all that huge an impediment if the idea itself is a valid, patentable idea. That would make the VC people do some real investigations themselves, which cannot help but be a Good Thing(tm).

      There would of course have to be severe criminal penalties, including hard time in the federal ass pound for VC's who betrayed that trust by attempting to steal the idea after the inventor has revealed enough to them to generate their interest and help. The inventor deserves to be protected from such pond scum.

    10. Re:This is nuts. by Anonymous Coward · · Score: 0

      The point is that this idea works against reform since it favors entities with deep pockets. That's part of the problem and this change makes it worse.

      A better idea would be punitive damages for frivolous lawsuits. Legitimate lawsuits are not the problem.

    11. Re:This is nuts. by Anonymous Coward · · Score: 0

      Of course, this makes it easy for anyone, including the wealthy, to virtually eliminate the risk by protecting their assets. This would be the stupid implementation you are referring too? This would be no solution.

    12. Re:This is nuts. by Anonymous Coward · · Score: 0

      Okay, but... everyone who's anyone these days has a holding corporation anyway, so they don't actually *have* any assets.

      In their name.

      It's not workable.

    13. Re:This is nuts. by Anonymous Coward · · Score: 1, Funny

      I can tell you how to fix the patent office, and it's actually pretty simple:

      Hire me, and let me run it.

      If a patent doesn't make me say, "Hey, that's pretty slick", then it's not patentable. That way, crap like one click buying, and moving the CPU timing don't get patents.

      Thanks. I'll wait for my check now. =p

    14. Re:This is nuts. by axxackall · · Score: 1
      USPTO is a goverment organization and their clerks do not care if USPTO will ern or lose money.

      What would really help if the clerk, who signed up the patent aht later found invalid, would lose the job and the right to have any goverment job anymore. Then and only then, when clerks will pay their life career, they will start to think about consequences of their decisions. Right not they do not care and sign everything.

      In few words: clerks must be responsible personally for their mistakes.

      P.S. Very often, in other areas too, I think about this in a more general sense: personal responsibility of goverment clerks by risking the whole governmental career is the only way to motivate goverment clerks to make right decisions.

      --

      Less is more !
    15. Re:This is nuts. by KarmaMB84 · · Score: 0

      Ouch, so when a judge decides that a lawsuit against a major corporation is "unfounded" (even if it just looks that way to HIM), he bankrupts the poor souls that were suing?

      Unfounded denial of a valid suit? Does this mean you cannot defend yourself for fear of the other party winning?

    16. Re:This is nuts. by jazman · · Score: 1

      We have loser pays in the UK, and it stops a lot of stupid lawsuits being filed. We don't get the sort of legal harrassment you regularly see in the States; only cases that have a pretty good chance of being won are started.

      I'm not sure how it works, but I'm sure it's not quite as retarded as you suggest. At a guess the judge decides on costs, not basing his decision solely on some enormous number the defendent plucks out from where the sun don't shine.

    17. Re:This is nuts. by HiThere · · Score: 1

      Only if you tie it in somehow with the salaries of not only the patent clerk, but all his supervisors, and their managers, etc., up to the Chief Whatever they call their top man Officer.

      Otherwise it's just more tax money.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    18. Re:This is nuts. by servoled · · Score: 2, Informative
      Seriously, this, if it weren't for the USTPO being paid for by taxpayer dollars in the first place
      The USPTO is a self funded agency that uses no tax payer money at all. It's budget is made up of from fees collected from the filing of patent applications.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    19. Re:This is nuts. by Anonymous Coward · · Score: 0

      The Patent Office currently makes a lot of money granting patents, and it doesn't cost them at all if they grant stupid patents. They should be forced to pay financially for granting invalid patents.

      This is utter bullshit. You do realize that the PTO is a federal program that is severely underfunded for the amount of complex patent applications it receives? If you want to blame anyone, blame Congress. The Supreme Court did just that in several cases where they overturned erroneously granted patents. When the successful defendant complained, the SC told them to lobby Congress to adequately fund the PTO.

    20. Re:This is nuts. by Almost-Retired · · Score: 1

      I'd draw the line in defining self funded by asking if they can keep the profits, or if it goes back into the general fund, and likewise, will the government make up for the losses should there be any?

      I haven't actually checked, but it would be a write it on th town water tank first for a government agency to actually get to keep, and to re-invest as that agency see's fit, any profits they might accrue.

      If they cannot, but are run by financial rules such as the FCC operates under, (all those sometimes considerablke fines they levy against broadcasters and which you read about in the papers? That check, when it does come in, is forwarded to the treasury for deposit into the general fund, the FCC can't keep a cent of it.) then by my definition they are indeed a taxpayer funded agency. There may be lots of used male bovine feed in the official agency description, but thats what it all boils down to if you simmer that pot long enough.

      This is what I claim must cease, putting that agency on the same financial and legal page as any other publicly held enterprise, with equally severe or even enhanced penalties for missing the point of their real job, the proper administration of our patent system.

      I like the idea of a reverse auction, where the one claiming they can run it for the lowest per customer fee gets to run it for one calendar year, renewable if their performance was satisfactory. Blow it, and the thing goes up for auction at the end of the contractual year.

      Or, congress could, and this is unheard of to the point of being blasphemous here in the states, shade of the Bundestags method of maintaining the autobahn and all that, where the job still goes to the lowest bidder, but inherent and implicit is a 5 year warranty on the work you do. If it cracks again, you fix it for free, and the 5 year warranty is still in force. If you wanna build a 1/2 year road, thats fine, but you get paid once even if you have to go back and redo it every 6 months to fullfill the warranty. ISTR there is a final payment of 20% to the contractor at the end of the warranty period if the work was satisfactory, this to guarantee that the warranty will be performed. Yeah, we build a mile of interstate for the price of maybe 300 meters of the autobahn. But its smooth enough to run at 220+ mph if you have sufficient training and balls and the vehicle is safely capable of it.

      Their fatality rate per mile driven is about 85% of what we achieve on our 75 mph maximum interstate system that falls apart every winter, so we spend the summer in 30 mph construction zones.

      The safety difference isn't the speed, its the quality of the road, and driver training. A german drivers licensee often has 1500-2000 dollars invested in training to get that license. One DUI and its all gone for the rest of your life too, automaticly. Me, its a 10 dollar bill every 4 years plus an eyeball check for us old farts.

      But back to our broken patent system. We're not having fun with our patent system, so to me, its patently (ick) obvious we aren't doing it right.

      Any patent ought to have a warranty, say 5 years, and if a legal action results that invalidates it, then all legal fees on both sides of the suite to adjudicate it again should be born by the USTPO.

      And your premise was?

      Cheers, Gene
      "There are four boxes to be used in defense of liberty:
      soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)

    21. Re:This is nuts. by servoled · · Score: 1
      I do not know all of the various accounting tricks used by the government, nor do I really care. The patent office generates a certain amount of funds in fees each year which in theory is supposed to be their budget for the next year. However, Congress, who has to approve the office's budget for each year, is continually taking a portion of that budget for other uses. Supposedly Bush's plans on ending this fee diversion by 2005 or 2006, not sure which, and the patent office is raising their fees to generate more funds.

      You can define this as tax payer funded agency if you wish depending on whatever accounting tricks you decide to use, but I do not.
      And your premise was?
      I don't believe I had a premise since I was not making any type of argument, just stating fact.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    22. Re:This is nuts. by Almost-Retired · · Score: 1

      I don't believe I had a premise since I was not making any type of argument, just stating fact.

      Humm, fact as you choose to interpret it, but I don't believe that will pass the simmer test. If congress has to approve that budget, its taxpayer dollars they are spending. If they simply set the rules they operate under, with no input to the money details one way or the other, then I'd soften my stance. The chances of that happening are, as another engineer friend of mine once said:

      Thats real small, somewhere between point double ought shit and nothing.

      Cheers, Gene
      "There are four boxes to be used in defense of liberty:
      soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)

    23. Re:This is nuts. by servoled · · Score: 1

      The USPTO only spends money they generate, I don't know how that mystically becomes "taxpayer dollars" in your mind, but apparently it does.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  20. Re:I doubt it by Bastian · · Score: 4, Informative

    Considering that even all the huge companies have business models based around patents. At least, I assume they do, considering that IBM has ~25,000 active patents (Including a record of about 3,400 awarded in 2001), and numbers I've heard for other huge companies are also astronomical.

    To these companies, owning lots of patents on lots of sometimes crazy things is a way of protecting their turf and a good way of putting potential competitors out of business. If they try to tighten up U.S. patent law, they'll only be making their job harder. Besides, I imagine that the amount of money they lose off most these lawsuits is chicken-scratch compared to their coffers.

  21. Re:Why is this a FPP? by LostCluster · · Score: 1

    The problem is, this would appear to be at best a submarrined patent. You can't hold a patent on something that was a key to the tech boom of 1999-2001, and then show up in 2004 claiming you deserve royalties on it all. There comes a point where if a patent owner doesn't stop the theft of their technology, they forfeit their right to go to the courts...

  22. Stupid idiots at USPTO by afidel · · Score: 4, Interesting

    The claims enumerated in patent 6,598,148 describe nothing more than an SMP system where the cache ram takes up at least 51% of the core and where the clock is variable. This is nothing unique and any idiot trained in the arts would have seen it as a trivial invention (SMP, variable clock, and large caches have all existed for quite some time) and therefore not worthy of a patent. Furthermore I don't see where Intel or their clients could be violating it except for the speed throttling overheat protection in the P4 and family processors. I know it's been said many times before but as far as the IT industry is concerned the USPTO needs to be scrapped or seriously funded because the way things work now are NOT acceptable, it's too easy for a bogus, stupid, or overbroad patent to slip through.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    1. Re:Stupid idiots at USPTO by LostCluster · · Score: 1

      I think where things are going wrong is that tech has becomed so complex that the USPTO is having a hard time determining what's a trivial patent anymore, and is just plain mailing it all in. Afterall, the USPTO is just a registry, their mistakes can be invalidated by a court.

    2. Re:Stupid idiots at USPTO by servoled · · Score: 3, Informative
      This is nothing unique and any idiot trained in the arts would have seen it as a trivial invention (SMP, variable clock, and large caches have all existed for quite some time) and therefore not worthy of a patent.
      Triviality is not considered in the tests for whether a patent is valid or not. Neither is whether all of the components in the invention separately existed. The two mains tests are whether the invention itself previously existed (in the form specified in the claims), or whether the invention would have been obvious in view of the existing prior art at the time the application was filed (or at the time of the earliest priority date).

      Note that the obvious requirement (as interpretted by the courts) has nothing to do with whether one thinks that the invention would have been obvious, but rather whether the prior art of record shows that it would have been obvious.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    3. Re:Stupid idiots at USPTO by autopr0n · · Score: 1

      This is nothing unique and any idiot trained in the arts would have seen it as a trivial invention (SMP, variable clock, and large caches have all existed for quite some time) and therefore not worthy of a patent.

      The problem is, any idiot trained in the arts of microprocessor design could make a lot more money practicing their arts then working at the Patent Office. Although, maybe with Indian outsourcing things will change in a couple years...

      --
      autopr0n is like, down and stuff.
    4. Re:Stupid idiots at USPTO by Lars+T. · · Score: 1, Insightful
      Furthermore I don't see where Intel or their clients could be violating it except for the speed throttling overheat protection in the P4 and family processors.

      Err, how about speed throttling to use less power (in notebook processors), a la Speedstep and successors?

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    5. Re:Stupid idiots at USPTO by Anonymous Coward · · Score: 0

      Everyone knows that the "skilled practitioner" is an idiot, though. No one seems to understand that the obviousness test does not have to meet a high standard.

      The USPTO exists to make money. Their attitude is to award patents whenever they can and let the courts decide.

    6. Re:Stupid idiots at USPTO by Anonymous Coward · · Score: 0

      but rather whether the prior art of record shows that it would have been obvious.

      So in other words, any old textbook detailing multi processing, cache, and clock dividers would make this obvious, since it explains how to do all three, and if you read the whole textbook, you even learn all three together?

    7. Re:Stupid idiots at USPTO by afidel · · Score: 1

      Speedstep doesn't work on SMP setups.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    8. Re:Stupid idiots at USPTO by Lars+T. · · Score: 1

      Which brings us to the fact that the patent also covers the special case of SMP, but is mostly about a single processor with "a variable speed system clock having an output coupled to said processing unit".

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  23. Re:Maybe things like this will help patents change by S.Lemmon · · Score: 5, Insightful

    Yes, they'll change so only big companies can file stupid patents. :-)

  24. bad faith? by Anonymous Coward · · Score: 0

    I am not a lawyer, but shouldn't there be some kind of law prohibiting this stuff. The tech used in the processers has been around for a while, and I doubt that the patriot company has only recently learned of this violation.

    Seems to me that once a patented thing like this has become fairly ubiqutious, then the company that held the patent has been negligent im its duty to protect its patent. Purposly allowing patent infringment to continue in order to make money off some lawsuits should not be allowed in my opinion.

  25. Your mine now bitch by Anonymous Coward · · Score: 0

    'Our Main focus is the IP [intellectual property] business now,'" he [CEO Jeff Wallin] said."

    I own the patent on being a IP business only. Thank you for stepping forward so my lawyers can get ahold of you. Anyone else?

  26. As Per Usual.. by servoled · · Score: 4, Informative

    no patent numbers were given. Here is a list of microprocessor related patents assigned to Patriot Scientific:

    6,598,148 High performance microprocessor having variable speed system clock
    5,809,336 High performance microprocessor having variable speed system clock
    5,784,584 High performance microprocessor using instructions that operate within instruction groups
    5,659,703 Microprocessor system with hierarchical stack and method of operation

    All of these patents appear to be divisional patents of another patent:
    5,440,749 High performance, low cost microprocessor architecture
    which was filed in August of 1989 (for the most part, this date should be taken to be the effective priority date of all the above applications) and assigned to Nanotronics Corporation.

    Please remember that titles, abstracts, and descriptions from the patent mean nothing legally. The only section which has any legal weight is the claims, so please don't start complaining about old microprocessors as "prior art" unless they actually do the same thing as is stated in the claims.

    --
    "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  27. Good Grief by rabtech · · Score: 1

    They filed the patent in 1998 and were just granted it. The original Pentium was already out by that time, so I don't see how its design could be impacted, unless they are trying to say the patent covers something newly introduced with the P3/P4.

    I predict Intel will meet with grand success in their case.

    --
    Natural != (nontoxic || beneficial)
    1. Re:Good Grief by rabtech · · Score: 1

      I take that back - I predict 100% certainty for Intel. I couldn't even read the whole patent application. It was simply laughable. Anyone who knows anything about microprocessors should have recognized that what they had was done before AND not an idea that is patent-worthy.

      They basically patented an improvement upon the microprocessor, whereby the clock speed is variable, the pin count is low, and the processor has on-board DRAM controls.

      None of these things are new as of 1998, when the app was filed, and none are patent-worthy.

      --
      Natural != (nontoxic || beneficial)
    2. Re:Good Grief by nametaken · · Score: 1

      This is a bit beyond me, but are they referring to the Intel SpeedStep technology? (I think that's what it's called)

  28. "Five PC Vendors" by Anonymous Coward · · Score: 3, Funny

    Interesting, all of the manufacturers "happened" to be major Japanese PC vendors, and they are sued by a company called "Patriot Scientific?" Is this some sort of retaliation acts for Pearl Harbor?

    1. Re:"Five PC Vendors" by LinuxXPHybrid · · Score: 1

      Yes, all are Japanese companies and what I read is ...

      "Japan is weakening. Japanese high tech companies are weakening. Now is the time. Let's beat them up now so that they can't get up again."

      I don't embrace this type of strategy, but apparently some people(some companies) still feel that that's how you run your business and drive profitability.

    2. Re:"Five PC Vendors" by Slashamatic · · Score: 1

      Interesting, isn't Motorola also in the embedded business?

    3. Re:"Five PC Vendors" by mabhatter654 · · Score: 1

      But motorola doesn't typically use intel processors...or sell PCs. Most of Motorola's work is quite independant from what intel does...and it's a problem with intel processors, not processors in general ...yet Also, motorola's design is headquartered in japan...so they'd have to fight them in japaneese court to get any usefulness out of judgements against them.

    4. Re:"Five PC Vendors" by Slashamatic · · Score: 1

      What this is really looking at isn't PC vendors, but those who make embedded processors. The patents sem to be about reducing the cost of lower performance systems needed for making controllers. Motorola is definitely into embedded processors.

    5. Re:"Five PC Vendors" by Anonymous Coward · · Score: 0

      That's a pretty sorry read, then.

      When it comes to money, big business isn't racist. You won't see the big vendors attacked first because it makes bad business sense.

  29. Week-old article from the San Diego Union Tribune by ptudor · · Score: 5, Informative
    Last Tuesday (2/3/4) the local daily newspaper had an article about Patriot.

    Patriot's provocative plan

  30. Re:Why is this a FPP? by mkendall · · Score: 1


    Ideas are not property, or at least should not be.

  31. Re:Why is this a FPP? by Anonymous Coward · · Score: 0

    variable speed processor? come on you dont beleive thats nontrival?

    hell my 386 did that, ala the turbo button.

    yes imsure there are more sepecifics to it. but still the idea is not exaclty that unique.

    the reason slashdotters beleive patents are stupid, is because an aweful lot of them are.

  32. Most ass-backward comment on Slashdot by dandelion_wine · · Score: 0, Redundant

    EVER.

    1. Re:Most ass-backward comment on Slashdot by dandelion_wine · · Score: 1

      Erm. Ok, forgive me for pointing out the absurdity of the (non)joke above. It obviously wasn't redundant to the poster. Made me laugh my ass off, in fact. :)

  33. Re:Why is this a FPP? by iCEBaLM · · Score: 2, Informative

    Actually, no, they don't. That's trademarks and trade secrets. Someone needs to learn a little more about IP law before posting as if they were authoritative.

  34. PROFIT! by chadamir · · Score: 4, Insightful

    I think that I have finally realized the missing part of this infamous formula:

    1. Do X
    2. ????
    3. Profit.

    The missing variable has been right in front of our eyes all along. It's sue everybody.

    1. Re:PROFIT! by sl0wp0is0n · · Score: 1

      watch out! I could sue you for doing X. :p

      --
      My other dog is a Wienerschnitzel.
    2. Re:PROFIT! by fm6 · · Score: 1

      By making that post, you incurred a listening fee. My lawyers will contact you.

    3. Re:PROFIT! by Bastian · · Score: 1

      Unfortunately, with this case the formula has now become:

      1. ?????
      2. ?????
      3. PROFIT!

    4. Re:PROFIT! by Anonymous Coward · · Score: 0

      1. Do X
      2. ????
      3. Profit.


      yep, with X == "nothing"

  35. variable processor speed???? by Anonymous Coward · · Score: 1, Funny

    my 386 did this with the turbo button.

    maybe that particular patent has more specifics that make it unique, but come on, the idea is pretty old and it was lame then (for a desktop that is hehe. control the speed of dos games :)

  36. Japanese Companies Only? by Anonymous Coward · · Score: 2, Insightful

    Does anyone notice that ALL 5 companies are originally from Japan?
    Coincidence?

    1. Re:Japanese Companies Only? by Anonymous Coward · · Score: 0

      Maybe it's actually part of some bigger PATRIOT (act) to make sure Americans buy American?

      nah, Americans aren't like that ...are they?

    2. Re:Japanese Companies Only? by Anonymous Coward · · Score: 0

      It's not so much to do with patriot act, but it is definitely something to do with Japan. Japan's economy is weakening. They are not recovering, and many speculate that they will never come back while China and EU have great potential. One possible action to take is to wait, and the other is to eliminate one of competitions completely. Apparently, the latter action has been taken this time.

    3. Re:Japanese Companies Only? by Anonymous Coward · · Score: 0

      you are to serious, I do know it has nothing to do with PATRIOT act(I tried to be funny, but the crowd is tough(American) maybe it's too close to home for them for it to be funny.
      (actually I don't find the situation very comforting either(now I am talking about PATROT act))

    4. Re:Japanese Companies Only? by Gentle+Troll · · Score: 0, Flamebait

      Japanese were amongst the strongest allies of the americans led coalition during the last war to Iraq. They even lost at least two diplomats in the conflict.

      But, hey! They won't lose such a valuable friendship such as America's no?

      What a bunch of losers! Lost WW2 in 1945, lost their industrial and economic dominance in the nineties... Now they will probably pay Patriot Scientific whatever they asked without a word of protest, without asking about japaneses being the only ones to pay! Losers!

    5. Re:Japanese Companies Only? by Xenographic · · Score: 1

      Sort of.

      They intend to go after some easy prey first, I'd imagine. Mind you, I use "easy" in the sense of "more likely to settle than risk fighting it out."

      Personally, I wish there were more defenses against "IP vampires" like this (feel free to use that term I just coined). Companies used to use huge patent portfolios to cover themselves, because they could always settle by filing counter-claims and then settle with cross-licensing agreements. These vampires, being essentially dead (no actual products, thus leaving no way for them to have infringed), leave nothing to attack. Even people like us have nothing to boycott--these places produce nothing but lawsuits.

      It would make a good study for a game theorist. Usually the way to defeat such strategies is somehow to announce that you intend to fight anyone who tries this. That doesn't stop them from "swarming" all over a company which has been weakened by market forces, however. The vampires, being predators, go after the weak and injured first...

  37. Mod parent UP! by Anonymous Coward · · Score: 0

    The parent of this post is the only person so far who has any clue what a patent is, how to read one, or knows what is going on.

    Everyone else is just mindlessly ranting about things they know nothing about.

    sheesh. typical.

  38. Pay Attention by ackthpt · · Score: 4, Insightful
    Does any company actually have a business plan that isn't based around suing people any more?

    Pay attention to who they are suing. Japanese companies are famous for folding at the least sign of litigation (remember Rambus, anyone?) thus a likely first target to raise capital to start suing others. It would be rather nice if the Japanese sent some Yakuza over to negotiate.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Pay Attention by KarmaMB84 · · Score: 0

      "Our main focus is the IP [intellectual property] business now," he said. Is this the first company that has actually admitted that it is no longer going to focus on producing products?

  39. Re:Why is this a FPP? by Anonymous Coward · · Score: 0

    i think he was saying thats how it should be.

    and i agree.

    if you actively allow everyone and their dog to use "your" technology, then i think you should forfeit the patent. ala the jpeg thing a couple years ago.

    the real problem with patents is that they take the stance that only one person can come up with a unique idea. but remember, two people invented the telephone, one didnt hit the snooze button that day and got there 45 minutes earlier. although i cant think of a real remody that can be trusted, because someone could always "show evidence" of the originality of the invention, but still the patent system needs a lot of work and njeeds to be brought into the 21 century.

  40. Give Jeff a call... by Anonymous Coward · · Score: 0, Informative
    (858) 549-4232

    Let him know how you feel.

    Yahoo

  41. Re:Week-old article from the San Diego Union Tribu by Monkelectric · · Score: 1

    Someone mod this guy up.

    --

    Religion is a gateway psychosis. -- Dave Foley

  42. Chuck Moore by Anonymous Coward · · Score: 0

    There's already the standard lot of knee jerk comments re. "stupid patents" and "who are these guys". Well given the state of the /. community its no real surprise but does the name Charles (Chuck) Moore ring any bells? Do a little work and see what he's been doing over the last, oh, thirty five or so years before crapping on. Although going after the customers is a little odd there's a chance the patent is actually about something useful. Chuck did some fancy chips many moons ago . I read it but h/w isn't my field so I can't judge the novelty. Iis the latch with differently clocked in and out that novel? Sounds useful but did someone do it first?

  43. Company Info by Anonymous Coward · · Score: 0

    Patriot Scientific Corp.
    10989 Via Frontera
    San Diego, CA 92127
    Phone: (858 ) 674-5000
    Fax: (858 ) 674-5005

    Officers:
    Donald R. Bernier, Chmn.,
    Jeffrey Wallin, Pres./CEO,
    Lowell Giffhorn, CFO/Exec. VP/Secy.

    Number of employees: 8

  44. chill, people by dandelion_wine · · Score: 5, Insightful

    Seller sues vendors for microprocessor patent infringement. Not news.

    Seller wins lawsuit against vendors for microprocessor infringement. News.

    Let me know how it turns out.

    1. Re:chill, people by Cranky_92109 · · Score: 3, Insightful

      Ugh! I hate this head-in-the-sand attitude.

      Would you rather hear that a family member has been diagnosed with cancer or not find out until they die from it?

      This lawsuit is news and I'd rather know about it now when there is still a chance to express my opinion whether it matters or not.

    2. Re:chill, people by dandelion_wine · · Score: 1

      The courts don't care about your opinion. It is not a popularity contest. Elect someone on issues, who believes the things you do, and they'll make the laws that the courts have to enforce.

      Cancer is a current problem.

      I can file a lawsuit tomorrow if I want. It's only a problem tomorrow for my opponent. For everyone else, it's precedential value only comes into play when there's a judgment. Unless you think you've got some kind of cause for intervenor status.

      Do you?

  45. big companies like it this way by ajagci · · Score: 5, Insightful

    For big companies, the current patent system is great: big companies have big patent portfolios that they cross-license. So, they don't generally have to worry about each other. That arrangement keeps new competitors out of the market. And patent application and prosecution costs are high enough that the number of stupid patents filed and prosecuted by small companies are negligible in comparison. Occasionally, something like this slips through. But by and large, stupid patents are filed by the big companies themselves and then cross-licensed in an arrangement that helps big companies.

  46. Re:Why is this a FPP? by pla · · Score: 1

    Actually, no, they don't. That's trademarks and trade secrets. Someone needs to learn a little more about IP law before posting as if they were authoritative.

    No, IP law needs to make sense, and have some relevance to the average Joe (not just megacorps).

    I don't doubt your accuracy, on the legal side of the equasion. But when we piss and moan about the state of IP laws in the US (and the EU seems to have similar ideas), we don't espouse any "Leninist" ideas (as such)... We just want laws that can at least see "fair" from their lofty corporate towers.

  47. Re:Why is this a FPP? by LostCluster · · Score: 2, Interesting

    No, there's a common law concept called "submarine patent" that does in fact exist. "Common law" means there's no formal law on the books, but it's something that judges accept as being there anyway.

    When you are legally wronged, you do not have the right to just throw your hands in the air while the problem gets worse. You have a responsiblity to mitigate, or limit, the damages as best you can. Just because the other person started a fire, you can't let it burn the whole place down and blame it on them if you had the chance to stop it as a small fire.

    So, a company that is being wronged by having their patent violated has an obligation to assert that they have a patent as soon as they realize what's going on. They can't just sit back and watch the other venture, then claim the profits if it suceeds and disavow involvement if it fails.

    The penalty for not mitigating when you can is having your damaged knocked back to the point where you could have stopped them. Which, in the case of a submarined patent means "Yes, they did infringe... but you're not geting anything close to the damage award you thought you were geting."

  48. Re:Why is this a FPP? by ajagci · · Score: 1

    You can't hold a patent on something that was a key to the tech boom of 1999-2001, and then show up in 2004 claiming you deserve royalties on it all.

    Well, yes, you can. It's entirely legal, and six years is not an unreasonable period for detecting patent infringement and preparing a lawsuit.

    There comes a point where if a patent owner doesn't stop the theft of their technology, they forfeit their right to go to the courts...

    No, they don't forfeit their right by not prosecuting, even if they were aware of infringement. Their argument to recover past damages may become somewhat weaker, depending on the exact circumstances, but the patent remains valid and fully in force.

  49. Re:Why is this a FPP? by LostCluster · · Score: 1

    Technically, the patent right belongs to he who first invented, not he who first filed. Gray could have taken Bell to court if not for the fact that Gray wasn't rich enough to hire an army of lawyers...

  50. It's Moore's old Forth machine by Animats · · Score: 3, Interesting
    I actually saw one of those once, back in the 1980s. Very cute. A dead end, but cute. More crunch power with fewer gates than anybody else. In the first implementation, divide didn't work right for odd divisors.

    Claim 1 does have some breadth. Arguably, though, this only covers systems with on-chip main memory (not cache) using more than half the real estate, some cache, and a variable-speed clock. Some microcontrollers fit those criteria, but they're not the most common ones. Bigger CPUs have off-chip memory, and low-end microcontrollers often have no cache system at all.

  51. Why do you say that? by autopr0n · · Score: 1

    I mean, don't you think it's possible that those companies really are infringing their patents?

    And anyway, why would big companies care? They have the legal resources to fight off bogus patent cases (just like the patent office intends), and the benifit probably outweighs the cost.

    That said, if patent law were changed, say to charge far more money and do more research it would be a huge benifit to large companies who could afford the filing fee. If patent law were scrapped totaly, it would be a big benifit for large companies who could get products to market quickly.

    --
    autopr0n is like, down and stuff.
  52. SCO's motto by www.sorehands.com · · Score: 4, Insightful

    For sure. Time to give up a career as a programmer and go back to school & join the Dark Side (IP law) - if you can't beat 'em, join 'em.

    It is "if you can't beat them, sue them.
    1. Re:SCO's motto by geekoid · · Score: 1

      it's HARDER to find work as a lawyer then as a software developer.
      I know people who graduated, passed the bar right off the bat, and YEARS latter still can't find work.
      the 'IP' fields are the worst.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:SCO's motto by Nakarti · · Score: 1

      Then again, there's the Microsoft Lawyer Motto:
      If you can't beat them or sue them, join their legal team!

  53. Re:Why is this a FPP? by cprincipe · · Score: 1

    Silly me, this is slashdot. Last bastion of Leninist ideology where the belief that there should be no private property and everything should be free for the taking is held as a sacred truth.

    This has to be one of the more idiotic statements I've read here. Why this got modded as "Insteresting" I'll never know.

    --

    bun-fhuinneog agam!

  54. Re:Why is this a FPP? by Anonymous Coward · · Score: 0

    Then why didn't they go after Intel? The "big company" that "stole" the idea would be them, yes?

    Intel stepped up to the plate voluntarily. Clearly, you can get more from Intel's clients than you can Intel (collectively).

    Doesn't this seem more than a little like SCO's threats about suing Linux users?

  55. Re:Why is this a FPP? by autopr0n · · Score: 1

    The problem is, this would appear to be at best a submarrined patent. You can't hold a patent on something that was a key to the tech boom of 1999-2001, and then show up in 2004 claiming you deserve royalties on it all. There comes a point where if a patent owner doesn't stop the theft of their technology, they forfeit their right to go to the courts

    Uh, except patents generally take a couple years to get passed. And anyway, you can wait as long as you want to exercise your patent rights if you want to. Unisys waited until two years before their GIF patent expired to ask for royalties, and they got them.

    --
    autopr0n is like, down and stuff.
  56. Thats not a joke by SerpentMage · · Score: 1

    Read the last line of the article:

    "Our main focus is the IP [intellectual property] business now," he said.

    WTF? Gee instead of actually providing something and furthering the choice of consumers we sue them...

    Frankly if the US continues down this path they will only hurts themselves. As when a patent suit is launched US consumers are the ones that pay. I wonder if India and China have these problems....

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
  57. Re:Why is this a FPP? by popo · · Score: 1

    What about this is non-trivial?

    Variable speed clocks?

    These were not a "new idea" in 1998.

    Just because someone is able to convince the
    USPTO of originality doesn't mean the idea was original.
    (Still confused? See "Pop-Under Advertising Technology")

    --
    ------ The best brain training is now totally free : )
  58. No need to fret by starfurynz · · Score: 1

    "Valuable patents Wallin said the scope of Patriot's patent litigation is not limited to makers of personal computers. Because such technology also is used by embedded processors in various other industries, he said, "We see this as applying equally to medical equipment, commercial equipment and other mass-produced consumer products." Wallin added, "This sounds terrible, but we intend to get around to everybody." I guess they're taking the slow but cautious route.

    --
    We tend to become like the worst in those we oppose. --Bene Gesserit Coda--
  59. Who invented the Pentium? by fm6 · · Score: 4, Informative
    "Pentium" is just a brand name. Intel used to give its CPU numbers, but but you can't trademark those. So when it came time to name the sequel to the 80486, they ditched "80586" and went with "Pentium" (as in "penta-") instead. There have been at least three major upgrades since then, but a brand like "Pentium" is too valuable to sacrifice to linguistic correctness, so each upgrade has had a variation of the original name. The current one is "Pentium III".

    I don't know when the first Pentium came out with an on-chip clock, but that's probably not important anyway. I doubt if the patent is on the idea of an on-chip clock -- they can hardly claim to be the first people to have invented the concept of component integration! More likely they're claiming to have invented a design or manufacturing technique... oh well, might as well go look it up.

    Yup, here's the 1995 patent application. It's too complicated for me, but they seem be claiming that their design manages to produce a steady clock signal even as temperature fluctuations play holy hell with the oscillations that produce the clock signal. Assuming I haven't totally mangled the concept, and that they really did think of this first, that's a pretty significant invention. It's certainly not on the same level as these business-process and software patents that we all love to hate.

    1. Re:Who invented the Pentium? by Blkdeath · · Score: 1
      There have been at least three major upgrades since then, but a brand like "Pentium" is too valuable to sacrifice to linguistic correctness, so each upgrade has had a variation of the original name. The current one is "Pentium III".

      I'm not entirely sure what's going on here, but it seems to me that the "Pentium 4" / "Pentium IV" has been out for quite some time now, n'est pas?

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    2. Re:Who invented the Pentium? by fm6 · · Score: 1

      Yeah, well, I'm not sure who won the superbowl, either.

    3. Re:Who invented the Pentium? by Bastian · · Score: 1, Funny

      Justin Timberlake did. Duh.

    4. Re:Who invented the Pentium? by bfree · · Score: 1

      Everything has been called Pentium X since the pentium as nothing has yet come along worthy of the next name ... Sexium! Perhaps when they finally release a mainstream desktop 64 bit processor Intel will see if they can get Sex to sell it!

      --

      Never underestimate the dark side of the Source

    5. Re:Who invented the Pentium? by Anonymous Coward · · Score: 0

      All this hoo-haw for a guy who got to "first base" -- at a football game!

  60. 4791886 by Anonymous Coward · · Score: 3, Funny

    Method and apparatus for restraining an animal on a vehicle

    I fail to see how that relates.

    1. Re:4791886 by Flakeloaf · · Score: 1

      Eep, sorry... typo. That's my way of dumping an old truck full of lawyers in the east river. I get my "frivolous lawsuit" numbers all screwed up.

      --

      Am I the only one who heard Roxette to sing "I'm gonna get blitzed for some sex"?

  61. Congress needs to offer indemification by utlemming · · Score: 3, Insightful

    This case seems like an attempt to captalize on unproven claims. By chasing after the end-user who does not have knowledge of the internal workings of the chip, it seems predatory. If there was really a valid claim of infringment then Patriot should have chased down Intel, not the end-users. But I guess this is the Intellectual Property game, chase down people that cannot defend themselves and then make money. Isn't that what SCO is saying they are going to do? File suit against an end-user that does not have the money nor the means to be able to prove that there is no infringment and then they win? Or make it so expensive to fight the claims that they cave-in and pay? Personally I would love to see laws that state that you can not hunt down end-users unless the claim for infringment has been proven. And then I would like to see penalities for filing suit against an end-user when someone by-passed the vendor, and the claims are proven wrong. It amounts, (IANAL) in my mind, to perjury -- making false claims in court and hoping that nobody catches you. So on the off chance that there is a closet-techie Congressman reading (heck I'll settle for a member of staff), Congress needs to make sure that intellectual property suits are aimed at vendors first, so the claims can be proven instead of the end-users.

    Second, patents need to be tightened. Just because you come up with the idea of having a clock on the chip does not mean that someone else cannot come up with the a simular idea, but implemented in a different way, and make money.

    You know, I have tempted to apply for a patent where URL's are spoofed using the latest Microsoft exploit for IE where the %01 is used to hide the real location of a web address. Then I'll sue Microsoft for violating my idea that I "came up with" in high school or something.

    --
    The views expressed are mine own and do not express the views of my employer.
    1. Re:Congress needs to offer indemification by Anonymous Coward · · Score: 0
      Second, patents need to be tightened. Just because you come up with the idea of having a clock on the chip does not mean that someone else cannot come up with the a simular idea, but implemented in a different way, and make money.
      Surprisingly enough, this is exactly how it works.
    2. Re:Congress needs to offer indemification by Anonymous Coward · · Score: 0

      Virtually all patent litigation is predatory. It's not about infringement, it's about profit.

  62. Re:Why is this a FPP? by Sterling+Christensen · · Score: 1

    Maybe, but new/good ideas should be rewarded. Why not just let thinkers reap their own reward by selling their idea? Can you think of a better system?

  63. The next "squatter" wave has begun... by Vthornheart · · Score: 0, Offtopic

    It seems that we just can't keep the squatter gene out of the gene pool. Squatters in the American west hoarded terratory with the hope of claiming ownership by being there before others. Cybersquatters took (and still take) hundreds of Domain names with the hopes of one being bought out by a large company. What we have here is simply a continuation of the squatter tradition... if you look in the article, it points out that this company "is now strictly in the IP business" by their own claim. Basically, they're admitting to being worthless squatter scum. It can't possibly get much more sad than that.

    --
    -Vendal Thornheart
  64. corruption....? by Anonymous Coward · · Score: 0

    Are the steaks too high?
    Is the reward so big?

    Or is the flaw inherent to kapitalims?
    (Yes, I dare think the unthinkable)

    Could it be that kapitalims is failing even more than communism?

    yes I know most are from US here, but looking from a distance it seems people at the top wether it's a Corp. Inc. or the political Administration;
    Lies is what comes out of their mouths!

    Then again,
    maybe I'm also prepared to claim "whatever" for a few bilion $ (or biggest oil reserve in the world)
    (But no one ever made me such an offer:(

  65. Re:Why is this a FPP? by utlemming · · Score: 1

    Yeah, but there is the whole idea of statute of limitations. You only have so much time from the time that you realize that there is an infringment to file for remedies. So in my mind Intel could simply ask in court, "What rock have you been hiding under for the last six years?" And then win. IANAL, but I think that for something like this the limitation is like four years, but that depends on the state.

    --
    The views expressed are mine own and do not express the views of my employer.
  66. Re:Here's a Patent Idea... by Anonymous Coward · · Score: 0

    Did you think of that joke yourself? Its very good, seriously. You should write a book or something, with cutting edge material like that I'm sure it would be a big hit. Top 10 at the very least, perhaps number even #1. Do you have any more? I'd very much like to hear them.

  67. Does it have to fulfill all? by Vthornheart · · Score: 1

    I guess my next question would be, and perhaps someone knows the answer to this... in the list of claims, does an infringing work have to have ALL of the features listed in the claims? Likewise, for something to be prior art, does it have to posess all of those features as well? Because I see a great deal of those claims that co-incide well with pretty much every processor ever made, and a few that are unique. At what point is it considered infringement?

    --
    -Vendal Thornheart
    1. Re:Does it have to fulfill all? by servoled · · Score: 4, Informative
      does an infringing work have to have ALL of the features listed in the claims? Likewise, for something to be prior art, does it have to posess all of those features as well?
      No, to be infringing it does not have to read on every claim in the patent. However, to be infringing a product would have to read on (at least) ALL of the features in a single claim.

      It is also important to note that dependent claims (for example, a claim that starts like "The apparatus of claim 1") contain every limitation of the claims that they depend on.

      Techincally, for something to be prior art, the only requirement is that it have existed prior to the filing of the application. For something to be considered good prior art, then it will have to read on the claims in some way.

      Good prior art can read on all, or some of the features of a single claim depending on which statute it is being used under. For prior art under 35 USC 102, the prior art must have (at least) every feature of the claims. For prior art under 35 USC 103 a single prior art reference does not have to have every feature of the claims, however it must be combined with additional references which have the missing features and give motivation to add the missing features into the first reference to acheive the system (method, apparatus, etc..) of a single claim.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  68. Invented by Charles H. Moore? by Anonymous Coward · · Score: 0

    So this would be the same guy who invented Forth? But he's a real inventor...

    For instance

  69. A better idea by jeti · · Score: 1

    For one, making the losing party pay is a start.

    I think making the USPTO pay for at least part of the costs would be a better idea.
    Because then it wold be in their interest not to grant bogous patents.

  70. The chump who 'invented' the microprocessor by Simonetta · · Score: 1

    This reminds me of the story from 14 years ago of an engineer who claimed to have invented the microprocessor in 1970 before Ted Hoff.
    He had a lot of papers to 'prove' his claim and was asking for a mere billion or so from Intel and Motorola.
    He got his 15 minutes of fame and disappeared.
    If that was you reading this now, hey, no offense buddy...

    Still the idea of some small American company going up against five of the largest Japanese electronic keiretsu is absurd, especially if they try to do it in Japan. What a waste of paper.

    1. Re:The chump who 'invented' the microprocessor by October_30th · · Score: 1
      He got his 15 minutes of fame and disappeared.

      Disappeared how? Sleeping with the fishes?

      --
      The owls are not what they seem
    2. Re:The chump who 'invented' the microprocessor by Anonymous Coward · · Score: 1, Interesting

      Not only is it not absurd but I know it can be done successfully. I'm award of at least 1 case where almost 2 *dozen* Japanese electronics firms were sued by a lone inventor and settled out of court for a significant amount of money. Google is your friend if you care to find these things.

  71. Re:Why is this a FPP? by http · · Score: 1
    harriet nyborg posted
    Silly me, this is slashdot. Last bastion of Leninist ideology
    uhhh, no, really. you must be thinking of these guys. slashdot is the last bastion of... ummm... overloading innocent servers. lennin wouldn't know a 404 from a 503.
    sure, it's a serious, non-trivial patent, just of something that appears to have been around for decades.
    --
    If opportunity came disguised as temptation, one knock would be enough.
    3^2 * 67^1 * 977^1
  72. It's pre-existing by Anonymous Coward · · Score: 3, Informative

    reading claim 1 of the patent -
    any single chip static microcontroller that incorporates a substantial amount of RAM on chip, has bufferred memory access, and can run at multiple clock speeds fits the description in this claim. I think some versions of Mitsubishi M16 Hitachi H8 had enough RAM to cover more than half the chip and existed as early as 1996. This patent probably is bogus.

    Claim 1:
    1. A microprocessor integrated circuit comprising:
    a program-controlled processing unit operative in accordance with a sequence of program instructions;
    a memory coupled to said processing unit and capable of storing information provided by said processing unit;
    a plurality of column latches coupled to the processing unit and the memory, wherein, during a read operation, a row of bits are read from the memory and stored in the column latch; and
    a variable speed system clock having an output coupled to said processing unit;
    said processing unit, said variable speed system clock, said plurality of column latches, and said memory fabricated on a single substrate, said memory using a greater area of said single substrate than said processing unit, said memory further using a majority of a total area of said single substrate.

    1. Re:It's pre-existing by servoled · · Score: 2, Informative

      The patent has a (divisional) priority date back to 1995 and 1989.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  73. He even got modded up by Anonymous Coward · · Score: 0

    We're all idiots.

  74. Ah, the RAMBUS business model by DABANSHEE · · Score: 1

    Only in America...............Or maybe not???

  75. What patent could be more valid? by Anonymous Coward · · Score: 0

    From http://www.ultratechnology.com/cowboys.html

    Ten years ago the Forth virtual machine was first implemented in hardware. The NC4000 from NOVIX was a 16 bit microprocessor with an architecture and instruction set modeled on the Forth virtual machine and the Forth language. The NOVIX chip used separate memory busses for the memory holding the data stack, the return stack, and the program memory. This allowed it to access all of these memory spaces at the same time. Thus it could execute several Forth operations in the same clock cycle when they operated on different memory spaces. Although implemented on a standard gate array device, with only 4000 gates, it was one of the fastest chips of its time.

    Harris then purchased the NOVIX design and produced the RTX-2000 series of 16 bit Forth microprocessors using standard cell technology.

    Dr. Philip J. Koopman Jr.'s Stack Computers: the new wave -- an online book is the best reference available on Stack Computers.

    He also has an excellent paper there Why Stack Machines? He has also placed US Patent #4,980,821 16 Bit Stack Computer. He also offers a most thought provoking paper entitled A Preliminary Exploration of Optimized Stack Code Generation

    Chuck Moore went on to develop a 32 bit Forth Engine called Sh-Boom, again in a gate array. The Sh-Boom chip used up to four 8 bit Forth instructions in each 32 bit memory cell, and could execute up to four Forth instructions per memory access. Sh-Boom demonstrated that a 50 MIP Forth chip could be build with very few gates on a gate array.

    Patriot Scientific developed a sucessor to the original shboom. The market In addition to the NOVIX, and Harris chips there have been other Forth Engine chips produced. John Hayes, Marty Fraeman, Robert Williams, Sue Lee, Tom Zaremba, Bob Henshaw, and Jay Dettmer completed 3 generations of 32-bit Forth engines at John Hopkins University. The most recent, first fabricated back in 1986, is commercially available as the SC32 from Silicon Composers in Mountain View, Ca. (415-961-8778). The design of SC32 evolved from a 16-bit AMD2901 processor built in the early 80's for the Hopkins Ultraviolet Telescope. The SC32 was used in some ground support equipment for the Topex satellite and in the Freja Magnetic Field Experiment magnetometer. It is now in its 3rd year of orbital operation and the SC32 is still working just fine. SC32 is also used on the Flare Genesis balloon borne solar observatory.

    Nasa has a page compiled by James Rash Space Related Applictions of Forth with information on some uses of Forth in Space by Nasa.

  76. Re:Why is this a FPP? by nmos · · Score: 1

    Maybe, but new/good ideas should be rewarded.

    Simply having a new/good idea should not be a lottery ticket nor should it be a license to impose a tax on others that come up with the same or similar idea independantly.

    Why not just let thinkers reap their own reward by selling their idea?

    Because they are trying to sell their idea to people who have already thought of it on their own (or customers of those people)?

    The purpose of the patent system is to promote progress. If the system no longer does that than maybe it has outlived it's usefullness.

  77. $699 by kompiluj · · Score: 1

    I mean, should they not want $699 from every Intel CPU user...
    Of course AMD too (PowerNow!) and $1399 from Centrino users

    --
    You can defy gravity... for a short time
  78. Re:Here's a Patent Idea... by SkoZombie · · Score: 1

    great idea but there's too much prior art ;)

  79. Re:aut0tr0ll is teh sp0kE!? by Anonymous Coward · · Score: 0

    Methinks some insidious form of communication is taking place here.

  80. One quote that says it all. by rock_climbing_guy · · Score: 2, Informative
    "Our main focus is the IP [intellectual property] business now," he said.

    That explains it all. Translation: All we do is sue people.

    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    1. Re:One quote that says it all. by tepples · · Score: 1

      Translation: All we do is sue people.

      I thought the RIAA had patented that business model.

  81. Patriots hey? by dbIII · · Score: 3, Insightful
    Patriot Scientific Corporation
    Wasn't it said of Al Capone - "Patriotism is the last resort of the scoundrel". If all else fails wrap yourself up in the flag and don't look at the guy behind the curtain.
    1. Re:Patriots hey? by WayneConrad · · Score: 2, Informative

      Wasn't it said of Al Capone - "Patriotism is the last resort of the scoundrel".

      No cookie for you: "Patriotism is the last refuge of a scoundrel" -- Samuel Johnson. It's not known who he was referring to, but it couldn't have been Al Capone; Capone was not born until 115 years after Johnson's death.

    2. Re:Patriots hey? by Anonymous Coward · · Score: 2, Informative

      no..but I'm partial to these two:

      Patriotism is the willingness to kill and be killed for trivial reasons.
      --Bertrand Russell

      Patriotism is your conviction that this country is superior to all other countries because you were born in it
      --George Bernard Shaw

    3. Re:Patriots hey? by Anonymous Coward · · Score: 0

      Hi, I run samueljohnson.com, and Johnson may not have been referring to any single individual as much as opposition movements in general. But they were talking about Edmund Burke later that night, and Burke was guilty of many of Johnson's complaints about false patriots. Please see this post.

      The url is http://www.samueljohnson.com/qotw02q2.html#0630

  82. Please stop replying to your own troll by Anonymous Coward · · Score: 0

    You're so pathetic. Your troll is lame and no one cares. Get over it.

  83. Invention is legitimate, but claims seem inflated by Bystander · · Score: 5, Interesting

    Patent No. 6,598,148,
    appears to be a divisional patent from patent No. 5,982,231, filed in 1989. In summary, the invention describes a CPU using both stack and register-based instructions which interfaces directly to DRAM memory over 32 shared address and data lines. Memory accesses are minimized by using mainly stack-based instructions and accessing memory in fast page mode. The invention is designed to minimize cost, fitting just tens of thousands of transistors into a 44-pin package, while delivering approximately 20 MIPS performance. While none of the design elements by themselves are new or unique, the particular combination chosen seems to fit the definition of a real invention that was not in existence before 1989.

    The features which seem to relate to its claims of variable speed are the use of an on-board ring oscillator to drive the system clock, and memory cycle timing which automatically adjusts to the loading seen from attached memory devices. Using an on-board ring oscillator means that the system clock can be driven by a device built with process parameters identical to other devices on the chip. If CPU transistors are a little slow on a batch of chips, the ring oscillator transistors will be similarly slow and the chips will continue to work at a slower but reliable speed.

    It's just not clear to me how Patriot Scientific can claim that companies like Intel are infringing on their patent. Is it because Intel's products contain technology which also happens to appear in their invention, but which they themselves did not invent? None of the individual technologies used in the Patriot device originated with them, and it appears that only the specific combination of those technologies described in the patent application would have qualified it for approval. However, the patent claims are written in such a way as to seemingly describe a much broader range of CPU designs, many examples of which were certainly in existence before even the original patent application by Patriot was filed.

    I've seen it stated that the claims are the only important part of a patent. That seems to be the big problem with this particular patent. What happens when a legitimate invention is granted a patent with overly broad claims? Some patents are written with claims that include a range of claims, some very specific and some very broad, on the assumption that it's better to aim for as much as possible and settle for what you can get. This particular patent seems to have only broad claims. Does that make it easier or harder to try and overturn?

  84. smart guys... by Anonymous Coward · · Score: 0

    they know that the japanese will just settle to quit the hassle, and armed with the additional funds from the five PC vendors, they can go after the behemoths...

    INTEL and AMD will be next.

  85. Re:Why is this a FPP? by Sterling+Christensen · · Score: 1

    Simply having a new/good idea should not be a lottery ticket...
    Why not?

    ...nor should it be a license to impose a tax on others that come up with the same or similar idea independantly.
    I agree with you there.

    Because they are trying to sell their idea to people who have already thought of it on their own (or customers of those people)?
    No, "they" are not. A morally depraved portion of them are. That doesn't make the whole system bad.

    The purpose of the patent system is to promote progress. If the system no longer does that than maybe it has outlived it's usefullness. The system no longer does that, eh? Meaning there is no significant number of good, well-deserved patents anymore? Too few good patents to justifiy the patent system? I think not.

    If patents are bad because some people abuse them, then by that logic, P2P is bad because some people abuse it.

  86. Re:Hey, dude by Bastian · · Score: 1

    I think we celebrate 'cause he's, like, a guy named Guy, you know? I mean, that's pretty gnarly, man.

  87. Re:STUPID STUPID STUPID by Bastian · · Score: 4, Insightful

    If someone steals a TV, then goes and sells it to a resale shop, do we consider the owner of the resale shop to be a TV thief?

    Then why the FUCK do we hold the reseller of a product they neither designed nor manufactured liable for patent infringement?

    If there were any sense at all to the American legal system, there wouldn't be this stupid tangle of a case because it would never make it to a judge - the court's clerk would be allowed to immediately burn the motion and sprinkle its ashes in whatever drug and cleaning agent cocktail the company's lawyer was drinking at the time.

  88. Fujitu should be Fujitsu by DuncanE · · Score: 1

    Please correct this. The company name is Fujitsu and after IBM and HP it is the third largest IT company in the world.

  89. Our main focus is the IP business now by kasperd · · Score: 1
    I think this statement says it all:
    Although Patriot has plans to move forward with its 32-bit processors and application-specific integrated circuits, Wallin said that product revenues were currently "negligible."

    "Our main focus is the IP [intellectual property] business now," he said.
    --

    Do you care about the security of your wireless mouse?
  90. Cross-licensing doesn't work anymore! by Flyboy+Connor · · Score: 3, Insightful
    It just struck me that this lawsuit may have a single good effect coupled to it.

    Until now, the major corporations used patents mainly to keep the small guy out of the market, and by cross-licensing ensured that they didn't have to fear anything from each other. Here we have a firm that, by its own admission, lives by litigation. So offering them a cross-licensing deal doesn't work. A firm that holds just ONE key patent, but doesn't need that patent (and patents held by others) for its products, is immune to the cross-licensing snare, and can cause a whole lot of trouble for the big guys.

    I think that if a few more companies get into the litigation business this way, the molochs will start using their influence to get the patenting system overturned. Of course, the fact that Patriot is sueing Japanese firms and not American ones, may be an indication that they are afraid of exactly that. But I have no worries that IBM, Intel and their peers won't catch on.

  91. Support FFII by Elektroschock · · Score: 2, Interesting

    This exampe shows how important it will be to create a more effcient patent system in the world.
    Economists are very critical about the patent system at large, but I believe the quality of patents has to improved, the quantitiy has to be reduced. A way to do so it to set high standards,

    But in the WIPO the lawyer community drafts extension to patentability. Patent law is not evil per se, but in dynamic industries it does not suit. Patents were never designed for services. In Europe FFII and many other organisations were able to build a mature counter-force to the lawyer's lobby groups. However they are in the international and governmental institutions as experts and design their own patent law.

    How to get rid of bad patents? can therefore be translated to "How to create balance in patent legislation?". It makes little sense to hunt down trivial patents. The bugs are in the patent system and have to be fixed. Patent attorneys are not intrested in a working patent system.

    What to do?
    1. Get organized. there are several US organisation, but there is not real US movement.
    There is a very low-traffic US mailing list of FFII, JOIN.

    2. Support petitions such as http://www.noepatents.org
    3. Help to defend the European directive in Brussels (there will be a FFII conference in April)
    4. Provide content and opinion articles about patent inflation on the internet.

  92. Moore's Law? by Shriek · · Score: 0

    Is this Moore's Law just evolving into Moore's Lawsuit?

  93. Cross licensing by Linus+Sixpack · · Score: 2, Insightful

    The whole process is really bad.

    I'm not defending Patriot but I think the reason that you get litigation only companies going after big companies is created by the patent process.

    A small company with a few influential patents would be silly to try and stay in the technology business once they entered a legal dispute with a bigger company. If I have 2 patents and I sue you, I'm going to be counter sued and there are going to be patents I haven't considered that will force me to close my business. Bigger portfolios of patents will shut down active companies. Before you sue a bigger portfolio you have to shut down your own company to protect against countersuits.

    The system doesn't serve anyone but lawyers.

  94. Intellectual Property Under products? by servicepack158 · · Score: 2, Insightful

    You know they are a bunch of lawyers when they have a menu option called "Intellectual Property" under products. That is not a product. They should be thrown out of court. Besides, everyone knows the aliens invented the transistors for us :D

  95. RTFA! by NumbThumb · · Score: 1
    They don't claim that *all* of the technology of the Intel processors infringes on their patents:

    The patent at issue involves on-chip clocking technology.

    So this is all about the technology of a processor controlling its own clock speed, wich was integrated into Intel's processors only over the last few years (AFAIK - but i'm not a hardware specialist). So, Intel's chips may or may not infringe on those patens, an the patents may or may not be trivial, but it just isn't as easy as saying "Intel processors have been around for much longer".

    --
    I have discovered a truly remarkable sig which this 120 chars is too small to contain.
    1. Re:RTFA! by Bastian · · Score: 1

      I have no idea specifically what is meant by a CPU controlling its own clock speed - for all I know that just means the clock and CPU are on a single IC rather than split across the chipset.

      The article said Pentium. I think this makes it fair to assume they mean Pentium, not Pentium Pro, not Pentium II, not Pentium III. . . you get the picture.

  96. Easiest way to solve this. by Anonymous Coward · · Score: 0

    Yes, they'll change so only big companies can file stupid patents. :-)

    Change it so only the company with the biggest market share can file stupid patents.

  97. Small lawsuit-only shops still a thorn by The+Famous+Brett+Wat · · Score: 2, Interesting

    The main vulnerability to which they leave themselves open is small upstarts like this: companies that aren't really producing anything other than patent infringement lawsuits, and thus don't have any incentive to cross-license. The large company usually has little choice but to either license the patent (if it looks like the cheaper option), or slug it out in court, hoping to drag the proceedings on long enough that the small party runs out of cash and drops it. Take Eolas for example: Microsoft still have a half-billion dollar ruling against them with regards to Eolas, and there's no opportunity for a patent infringement countersuit. Even IBM is vulnerable to this kind of attack, so don't be too sure they're overjoyed with the status quo.

    --
    proof, n. A demonstration that a conclusion is implied by certain premises and axioms.
  98. SOP by Anonymous Coward · · Score: 0

    This is SOP, though. You press the smaller guys first, then move up the chain. The smaller OEM's are more likely to settle on bad terms and have smaller legal resources with which to fight. Lining up a list of settlers makes your case against bigger foes stronger. If you ever lose, you lose everything.

    There is more money in suing the OEM's first.

  99. Easy to work around by varkentje · · Score: 5, Interesting

    The patent application is very specific about using a ring oscillator to control the processor clock. Most processors use PLL (phase locked loop) devices to control their clock frequency.

    Typically only asynchronous CPUs are clocked by free-running ring oscillators. Almost all CPUs on the market, including embedded CPUs, are synchronous designs and they come in fixed speed grades, which makes PLL clocking very attractive.

    Even with PLLs you can vary the clock speed, e.g. when you detect that the chip is too hot or when the work load is low the CPU clock can be scaled down in discrete steps.

    A ring oscillator provides a non-discrete (continue) frequency range, but on the downside its clock frequency is very unstable compared to PLLs, which is bad for synchronous designs.

    There is also prior art: the early MIPS processor implementations had a free running multiplier, which operated as fast as the silicon would allow, even though the rest of the CPU was clocked at a fixed frequency.

    In summary: this patent is not worth a lot.

    1. Re:Easy to work around by serbanp · · Score: 1


      ALL of the PLLs use a so called VCO, which is an oscillator capable of providing continuous frequency. The PLL is just a negative feedback loop in the spectrum domain so the VCO output frequency (or a submultiple of it) and phase dutifully follow some reference signal (e.g. the FSB one).

      Now, the most common implementation of a VCO in CMOS is, guess what, a ring oscillator. You're in the wrong.
      </nitpick>

      The patent has a very nice idea behind it, but I doubt that the Pentium-like CPUs/chipsets use it. It is relevant to systems where the controller/CPU drive the I/O interface clock; this idea would allow the controller to run at its highest allowable clock speed and still meet the critical-path timing constraints (providing that the delay of the ring oscillator matches the critical-path delay, of course).

      Serban

  100. Do tell! by fireboy1919 · · Score: 1

    Please share whatever extra information you got that allowed you to arrive at the conclusion that this patent is trivial or obvious. All I got from the article was that it has something to do with on-chip clocking, which may be done in a clever/nonobvious way.

    So what's your source?

    --
    Mod me down and I will become more powerful than you can possibly imagine!
    1. Re:Do tell! by madpierre · · Score: 1

      Well Charles Babbage could've turned the handle of his difference engine faster or s-l-o-w-e-r.

      OK OK I know he never actually completed the damn thing but WTF.

      --
      siggy played guitar
  101. EU-IT Industri clueless by Anonymous Coward · · Score: 0

    I wish someone would send this kind of info to the "leaders" of the European IT-Industri. In an Swedish newspaper I read that (some) industryleaders says that they are in deep s****(space) if they cant inforce their patents. Somehow they think that the big companies will always benefit from software patents, however, it could just as well go the otherway. Right?

    1. Re:EU-IT Industri clueless by Elektroschock · · Score: 1

      PAtent attorneys alsways benefit from patents. And they design the law. The current patent system is known to be inefficient. Software shall better be not protected by patents. The big man /small guy scheme is wrong, but the market situation is changed in favour of Large corporations and "small" patent privateers

  102. Lincoln Ventures by AndroidCat · · Score: 2, Interesting
    Sibling poster thought they were dead. They're probably undead--everything else shut down with only enough money to keep the lawyers running. Here's the people to watch:
    In June, 2002, Patriot announced that it has received a $1 million investment from a group of investors led by Lincoln Ventures.
    It would be interesting to know if they're working with any other zombied companies. (The first Lincoln Ventures search results are mainly from New Zealand. Doubt it's them unless this idea involves ground water.)
    --
    One line blog. I hear that they're called Twitters now.
  103. Intel pre-emptively sues Patriot by Cranky_92109 · · Score: 4, Informative

    I tried submitting this last week when I saw the article in the Union Tribune because the rhetoric coming from Patriot sounds disgustingly like the crap spewing from SCO.
    Here are some choice quotes from the article:

    "It would suggest that every PC manufactured after 1994 or 1995 is benefiting from this technology," Wallin said. As the company put it in a recent news release, "It is now time for Patriot Scientific and its shareholders to be properly remunerated."

    Wallin added, "This sounds terrible, but we intend to get around to everybody."

    Intel is taking action already. They have filed suit against Patriot to prevent Patriot from threatening them.

  104. Re:STUPID STUPID STUPID by Jedi+Alec · · Score: 1

    If someone steals a TV, then goes and sells it to a resale shop, do we consider the owner of the resale shop to be a TV thief?No, we call him an idiot for buying stolen goods, which afaik is considered in most countries to be a crime as severe as the actual theft itself. Whether or not the buying party is aware of the theft is mostly irrelevant.

    --

    People replying to my sig annoy me. That's why I change it all the time.
  105. Re:aut0tr0ll is teh sp0kE!? by Anonymous Coward · · Score: 0

    Yuo do not understand spoke-nature. Mu.

  106. Re:Maybe things like this will help patents change by sosegumu · · Score: 1

    Look, who has the clout in congress to get the patent mess cleaned up? Big companies.

    The clout in Congress is had by whomever gives the most money. And who is that? Lawyers and law firms.

    I really don't know about the merits (or lack thereof) of this particular case, but the sad fact is that without a *major* upheaval in our society, we will continue down this road of greater and greater amounts of our resources going to these types efforts that IMHO are no better than mob extortion schemes.

    What it comes down to is people placing their own personal wants (greed) above the good of the community. But what do we expect from a society and a culture that increasingly makes personal fulfillment its god?

    --
    It's easier to wear the spandex than to do the crunches. --David Lee Roth
  107. from now on, teh joke is by Anonymous Coward · · Score: 0

    1. ???
    2. sue everybody
    3. profit!

  108. Re:Invention is legitimate, but claims seem inflat by Dielectric · · Score: 1

    I'm not even sure the invention is necessarily patentable. The systems they describe aren't really revolutionary, but more like something any competent IC designer will come up with independantly. Come on, a ring oscillator? Synchronous memory access? This stuff is so common, it's a joke. And I'm sure it was all developed in a "clean room" environment as a by-product of any processor design. It's not like chip designers have the time to go through USPTO filings fishing for ideas.

  109. Re:I doubt it by Felinoid · · Score: 4, Interesting

    At least, I assume they do, considering that IBM has ~25,000 active patents

    Don't assume anything. Companys like IBM file "defensive" patents all the time just to keep from being sued by little guys.

    About 75% of the patent nightmares we've seen lately are from the tech bubble where high end companys go down the toilet. The decades of defensive patents become the best hope for survival and a new wave of patent lawsutes washes over the landscape.

    I'm sure the surviving tech giants are sick and tired of not only having to file new patents but also for being sued by former giants who couldn't survive.

    --
    I don't actually exist.
  110. PTSC by malachid69 · · Score: 1

    Since I bought one of their chips a few years ago, perhaps I can shed a little light on their product.

    It was the first Java chip, previously a Forth chip. I know it was in use in many medical devices. Later, I bought a Dallas Semiconductor TINI board... wonder why they aren't being sued too...

    --
    http://www.google.com/profiles/malachid
  111. my robot will defend me by tjstork · · Score: 1


    then, we'll go back to killing lawyers.

    --
    This is my sig.
  112. No by geekoid · · Score: 1

    the just recieved the patent, It may have been in 'patent pending'* stage for a long while.

    *the time between when you have submitted they recieved your patent application, and the time it is approved.

    Probably it's crap, but it's more complex then how /. makes it sound.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:no by ScrewMaster · · Score: 1

      I got news for you: the effective costs of filing for a patent (which may never be granted) are already thousands of dollars. Have you ever looked at what it costs to have a patent search performed? Patent attorneys make out pretty well, let me tell you. On the other hand, since the USPTO appears to accept pretty much any application no matter how ridiculous maybe a patent search isn't such a big deal anymore.

      Congress hosed the whole patent system by a. cutting USPTO funding to the point where they can't function b. requiring the patent office to charge maintenance fees on issued patents and c. paying for USPTO operations out of a portion of those proceeds. As it stands now, not only does the patent office have no motivation to properly review patents, it has a financial incentive to NOT properly review them.

      On top of that, the patent maintenance fees are high enough that small inventors (who have little funds to spare) will likely lose their patents simply because they are unable to keep up the payments, in which case their inventions become public-domain and anyone can use them. This is a remarkably convenient and coincidentally beneficial state of affairs if you're a Big Blue or a Microsoft.

      --
      The higher the technology, the sharper that two-edged sword.
  113. why is this here? by geekoid · · Score: 0, Flamebait

    look, read the damn patent.

    This is NOT a bogus patent claim. This very well could be a significant invention.

    It seems they invented the way a chip can maintain a constant speed under fluntuating temperatures. As anybody who as designed a chip in the last few years knows, that is a big deal.

    This is just a patent issue between some major companies, I fail to see how this is 'news for nerds'. If this company was suing consumers who happend to have a computer that used this technology, that issue would definatly be news for nerds.

    hell, it seems the so called 'nerds' can't even be bothered to find any interest in the technology in the underlining patent.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  114. no by geekoid · · Score: 1

    then the cost to file a patent would go through the roof. You can file for a patent for just a few hundred dollars. You do it your way, and it would become many Thousands, if not hundreds of thousands of dollars to file.
    This office just says, we got this at this date.

    Then there is the fact that it would be a never ending process. You file, the USPTO spends 10's of years looking for prior art, and still can't be sure there isn't some other person running some tiny business somewhere that will claim prior art.

    Now, who is getting sued? MAJOR companies. Who can afford to defend them selveds against these clains? MAJOR companies.

    If this is bogus, it will go away. If it is not bogus, then this company will make some money.
    Impact to the consume? negligable.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  115. Sure by Greyfox · · Score: 1
    They'll never figure out how to outsource that profession to India and if they do, those guys have the clout to get laws made to prevent it.

    Specialize in patent or contract law. There's not a whole lot of money in criminal law.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  116. Wher have I heard of this before? by rnturn · · Score: 1

    ``... Wallin said that product revenues were currently "negligible."

    "Our main focus is the IP [intellectual property] business now," he said.''

    This sounds awfully familiar. Where have I heard this. Dang! It's right on the tip of my tongue. Can anybody help me out? This'll be bugging me all day.

    :-)

    --
    CUR ALLOC 20195.....5804M
  117. Working Example by Anonymous Coward · · Score: 0

    When, if ever, did the patent process give up the requirement to have a working invention?

    So these guys invented something. Did they actually go to silicon? If an invention is meant to be realized in the physical world and you never produce a working example, have you actually invented anything?

    Note, I did not read the article, so perhaps they did, but it seems like a lot of these "patent firms" don't actually make anything. Can they get a patent qwithout showing a working example?

    A Nony Mouse

    1. Re:Working Example by Anonymous Coward · · Score: 0

      When? About 90 years ago when the patent office storage facilities covered a zillion acres of good land for no reason.

      I love slashdot, one of the few places where the less someone knows the more likely they are to spout off.

  118. Re:I doubt it by BuckaBooBob · · Score: 3, Interesting

    What needs to happen is these "Patent" companies loose big in a few lawsuits and go under.. So when a company does go out and try to "Inforce IP rights" Thier stock value plummets.. So it would leave nothing but well founded IP claims and heaven forbid Notices to companies when they start selling technology that has potential IP right infringement and get it all sorted out before the product with potential of IP infringement goes mainstream.

    Companies knowing that there is IP infringement taking place and not communicating with companies that are potentially infringing on thier IP should loose the ability to sue these companies for infringing. If a product is in the mainstream that does contain infringed IP there should be a grace period where time to remedy is given unless it can be demonstrated that the infringment was done with full or partial knowladge of its potential for infringment.

    It just seems to be the easiest way to due business these days as you can file and obtain board patents and sit on your hands till its well into the mainstream then sue everyone(well people that make money on it anyways) without cost of actualy development or marketing and associated costs with possible product failure. So it would seem that is would be the best business practice for maximizing profit margins when you don't actually need to do anything but have a team of high priced lawyers and a good engineering teams that have a good feel for the marketplace and what technologies will hit the mainstream and how to capitilize on them trough broad sweeping patents that will cover the core essential mechanisms that these technologies will require to properly function.

    There shuold be some legal mechanisms put in place to prevent the IP equivilant of "Cyber Squatters" to domain names... If companies file and obtains patents for technologies they have little or no interest in bringing to the market they have no right to prevent anyone else from doing so or taking legal action against companies that invest/develop/market these technologies.

    --
    Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
  119. But companies like IBM inovate by Krashed · · Score: 1

    IBM and other compaines that make patents are trying to protect what they spend millions of dollars creating in attempts to sell and license the technology.
    Problem is that a lot of compaines are patenting very broad ideas without any innovation. Wouldn't it be great to have a PDA built into a cell phone? Let's patent the idea and wait till somebody creates the device, then sue the shit out of them for copying our IP. I believe that there was a slashdot article on the subject not too long ago.
    The patent office needs to see those cases where there are ideas without innovation and refuse to issue the patent untill something of value comes out.

  120. it'd be Hexium. Greek isn't Latin. by tepples · · Score: 1

    nothing has yet come along worthy of the next name ... Sexium!

    No. Following penta- (Greek origin) is hexa-. Following quint- is sex-.

  121. First, we'll kill all the suits by fm6 · · Score: 1
    It's not external threats the Yanks should be worrying about. Their homegrown parasitic lawyers are doing far more damage to their economy.
    Lawyers didn't invent this stuff. They're just following their mandate to boost the bottom line by any means. Blaming lawyers for abusive litigation is like blaming plumbers for water pollution.

    The ultimate culprit is a pervasive enterprise business model that's obsessed with numbers, and fuck all the subtle hard-to-measure factors that go with growing a sustainable business. Which is not, as it happens, totally unconnected with the whole terrorist thing. The most deadly terrorist groups, such as Al Qaida, seem to be obsessed with bringing down this very same economic establishment.

  122. Re:STUPID STUPID STUPID by Anonymous Coward · · Score: 0
    If someone steals a TV, then goes and sells it to a resale shop, do we consider the owner of the resale shop to be a TV thief?

    I think your comment should be modded down, and the "insightful" label removed. Your analogy kills your own argument.

    If the TV resale shop knows the property is stolen, and buys it with the intent to deprive the owner of his property, most would call it "receipt of stolen goods or property" and yes, that is, in most places, a crime.

    In fact, the mere obtaining of control of stolen property knowing the property to have been stolen by another is considered "theft." So the owner of the resale TV shop may very well be a TV thief.

    Moreover, the TV resale shop can acquire no greater rights to the TV than the thief who sold it to the shop, and a purchaser of the stolen TV from the resale shop can acquire no more rights to the TV than the TV resale shop had.

  123. Romanization methods by tepples · · Score: 1

    In Japanese, "tu" and "tsu" are the same thing. Likewise, with "si" and "shi", with "zi" and "ji", with "ti" and "chi", and with "hu" and "fu". It all depends on the method of romanization. Word processors prefer the former of each pair because it matches the overall structure of Japanese syllables; on the other hand, the latter of each pair, called "Hepburn" romanization, more closely matches the approximate English equivalent of each sound. You do have a point, however, that most Japanese firms that sell in Europe and North America use the Hepburn romanization, such as Toshiba and Fujitsu (which is something like "Huzitu" in wapuro).

  124. aggghhh it's "lose", get it "lose" by DrSkwid · · Score: 3, Funny


    not loose, lose

    looser

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  125. Prosecution for killing a lawyer? by Sleetan · · Score: 1

    Is that even illegal?

  126. Re:Why is this a FPP? by Anonymous Coward · · Score: 0

    When you have an idea, let us know.

    Short of that you're just another "I want your stuff for free" thief.

    If you want the information to be free, how about you start inventing key technologies and releasing them to the public as a benefit to all humanity?

  127. Re:Why is this a FPP? by Anonymous Coward · · Score: 0

    It should have been modded "factually correct" but that isn't an option here.

    The information wants to be free! Yeah! Woohoo!

    When *you* have invented something that has value we'll all be pleased when you release your invention into the public domain. Until you, you'd do well to read more, listen, and learn about how the world works and why.

  128. Re:I doubt it by HiThere · · Score: 1

    Most of the companies that file these lawsuits are one-trick ponies: They own a patent or so, and their business is filing lawsuits. That's why they don't need to worry about countersuits, e.g.

    Other examples are companies that have seen their business go south, and are desperately hanging on. Desperately enough that they aren't concerned about their current customers, but are willing to do anything for an influx of cash. (Imagine if SCO had some real IP, like a significant patent.)

    Patents are an evil. In areas where there is a large up-front investment, one can argue that they are a necessary evil, but the remain evil. And they encourage businesses to cause it to require even more up-front costs before they can consider competing. (Granted, they were inclined to this malicious act anyway, patents give them additional inducement.)

    Even companies that generally play fair (e.g., IBM) don't use their patents in a strictly defensive manner. IBM is well know for finding a patent that applies in a niche, and charging companies a percentage ... that they had no knowledge of the patent, and that it was an independant invention (and frequently the only obvious way to solve the problem) is irrelevant. But at least IBM doesn't try to put them out of business. That's what makes them "good guys" in this area. (So imagine what the ordinary usage is.)

    OTOH, IBM would lose significant revenue if this stream were cut. Not a huge amount, but the costs to them of this revenue is (relatively) trivial. It's nearly free money, as they would need the patents anyway for defensive purposes.

    Conclusion: Don't count on IBM to push for a good solution. They may well not fight it, and they may not push for a bad solution, but they've adapted quite nicely to earning cash in the current environment, and have no interest in seeing it overthrown. If they don't fight to keep it, it's because they are what passes for "good guys".

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  129. Patriot is Abusing a Decent Patent by WryCoder · · Score: 1

    Chuck Moore is one of the two inventors. Chuck is the inventor of Forth, and has devoted the last 30 years or so to devising Forth microprocessors. He is still at it. Although unfortunately he has been surrounded by kooks most of his career, he is a visionary and a very serious guy. Most of what he has accomplished goes against the grain of both the hardware and software industries, so he never got much respect and has collected a bunch of dopey followers.

    I don't know if Chuck has any residual financial interest in Patriot. I suspect not. But if he did get something out of this that would be great, because he's a real inventor and he deserves it.

    This patent describes a Forth micro which incorporates a variable speed clock. The clock is implemented using a ring oscillator, and doesn't use an external frequency reference such as a crystal. The clock rate varies continuously depending on the temperature, voltage, and even the quality of the process used to fab the particular chip. Thus it gets the maximum available performance out of the CPU/Dynamic RAM combination which is implemented on that one chip. If the alleged infringers are using this technique in their embedded micros, then Patriot may have a case.

    The patent is a division of one filed in 1989 and appears to be a decent patent. The problem with the guys at Patriot is that they are claiming far more than what is actually granted. The patent does not claim the ablility to run a CPU at various clock speeds, or to run the CPU at some multiple of the main memory.

    1. Re:Patriot is Abusing a Decent Patent by Anonymous Coward · · Score: 0

      The Patriot was a failure because Chuck tried to start from basics instead of using the tools that had been developed for chip frabriction.

      FORTH is an ideal language for embedded control but of limited use outside that market, for the following reasons.

      1) It required discipline to write maintainable code.
      2)It is not taught in schools so hiring FORTH programmers is difficult.

      COLORFORTH is a joke.

      The patent in question was an elegant solution to a problem, something any compentent hardware engineer faced with such a problem could design, with most considering it a design solution not a patentable idea.

      The patent sytem was supposed to get good ideas out. It has become a road block to good engineering.

  130. DIY by Anonymous Coward · · Score: 0

    If those affected feel that they're owed more than a buck and change, then they can sue the people who wronged them; they don't have to sign on for the class action or even approve of the a settlement if they're part of the class. The vast majority of the time it's a class action because a lot of people were screwed out of a few bucks and it's the only type of lawsuit that makes sense. So while you might have RTFA, you still don't get what class actions or the law is all about. But I guess that's why you need lawyers. Make the law simpler you say? Well, then people much smarter than you could exploit them even better because life is very complex these days. And of course without laws, I'd kill dumbfucks like you who piss me off in a heart beat.

    It would make more sense to kill all the idiots.

  131. Re:Maybe things like this will help patents change by jafac · · Score: 1

    Well, there's two ways they could handle it - which do you think they'll chose?

    1. Spend money on lobbyists and donations, meet with politicians, bitch and moan, for policy that will ultimately weaken their own patents.

    OR.

    2. Buy the company that has the patent that's trying to sue them, and then go sue everybody else.

    hmmmmmm. . ..

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  132. Re:I doubt it by Free_Meson · · Score: 1

    Buddy, IBM invented this phony patent business. They made it a common practice starting ~30 years ago to walk into startup companies with random patents and threaten to sue. Even when the startups pointed out that none of the patents the IBM lawyer brought were even remotely close to what the startup was doing, the lawyer would say something along the lines of "Look, we have 25k active patents. We'll find a half dozen that are close enough and sue you using those unless you give us X" where X was some substantial financial settlement or a crosslicensing agreement. I like patents because without them there would be no incentive for research or establishing new markets, but IBM has long been the king of ridiculous patent abuses. The media just doesn't report on them because they don't pay attention to the press releases of startups, if the startups even make press releases. IBM doesn't brag about their abuses because when the shoe is on the other foot they can cry to the media and portray the suit, even if it is legitimate, to their potential stockholders and jurors as petty and frivolous...

  133. The patent office doesn't follow the law by Prof.+Pi · · Score: 2, Informative
    Wouldn't it be great to have a PDA built into a cell phone? Let's patent the idea and wait till somebody creates the device, then sue the shit out of them for copying our IP.

    Sticking two existing things together and calling it something new has a long history. The guy who first stuck an erasor on the end of a pencil (named Hymen Lipman -- I'm not making this up!) got a U.S. patent on it! It was later overturned by the U.S. Supreme Court because a pencil manufacturer decided to fight it.

  134. Re:Why is this a FPP? by Anonymous Coward · · Score: 0

    The same idiots that mod statements like "there should be not patents" insightful.

  135. Lincoln Ventures? by LauraW · · Score: 1
    From the article:
    In June, 2002, Patriot announced that it has received a $1 million investment from a group of investors led by Lincoln Ventures.
    I swear the first time I read that I thought it said Lincoln Vultures.

    More on-topic, what gives these guys the right to sue Intel's customers even if Intel is infringing their patent? They should be suing Intel itself. It's sort of like SCO threatening to sue Linux users. I can't believe the judge hasn't just thrown Patriot's case out.

  136. Filed by Charles H Moore... by Jerry · · Score: 1

    of Woodside, CA.

    There is a Charles H Moore of Woodside CA that invented the FORTH language, which is one of my favorites. Could it be the same man?

    --

    Running with Linux for over 20 years!

  137. Re:I doubt it by Anonymous Coward · · Score: 0

    " Buddy, IBM invented this phony patent business. They made it a common practice starting ~30 years ago to walk into startup companies with random patents and threaten to sue"

    That's simply a lie, in the latter half of the 80's IBM had an easy patent licensing system that covered you for literally thousands of parents, or most of their patent portfolio for a measly 17k USD and that included the Microchannel patents that the PC press claimed at the time that IBM was not willing to license, it was s bit odd to see IBM willing to licence it to anyone who asked on one hand and on the other to read in the press that it was not willing to do so at all. A business that cannot get hold of 17k is not a business...

    And yes IBM does and did enforce some of their basic patents but implying that they do or did so for the technical and/or the more trivial ones is misguided.

  138. Re:Maybe things like this will help patents change by geekee · · Score: 1

    " Look, who has the clout in congress to get the patent mess cleaned up? Big companies. Thus, the fastest way to clean it up, have big companies get harassed with expensive lawsuits like this. A lot. If Intel, Microsoft, IBM, etc., waste enough money fighting stupid patents (note - I know nothing about the Patriot patents, they may or may not be stupid), then you can bet that things will change."

    You forget that trial lawyers donate a lot of money to politicians, particularly Democrats. They have as much lobby power as big companies.

    --
    Vote for Pedro
  139. Patenting the RISC processor by geekee · · Score: 1

    This patent looks like a RISC processor patent, a couple of decades too late. It's a joke and will be struck down in court, if their is any sanity left in this world.

    --
    Vote for Pedro
  140. Re:Invention is legitimate, but claims seem inflat by Bystander · · Score: 1

    Inventions do not require that any or all of their components be unique or revolutionary in design. Combining existing devices in original ways to produce something new is allowed. Nor does the resulting functionality have to be something never seen before. An invention can also be designed to do things done by other inventions, maybe just a little better. To think otherwise would be like saying that no patents should ever be issued for any mechanical device incorporating levers, gears, bearings, shafts, etc., because these are all known technologies that anyone skilled in the art should be aware of. It's not the individual pieces that matter, but how they are used in combination.

    On their face, the Patriot patents certainly seem to describe a class of processor with specific features and details sufficient to qualify for designation as an invention. The troubling aspect is that the claims of the patents can be construed to cover many other processors developed by other vendors which have little in common with the actual invention described.

  141. Blame Nader by Poligraf · · Score: 1

    It was him who used histerya and turned the American legal system into a venue of "protecting the little guy" where the assumed "little guy" is the assumed virtuous victim by just being "little guy" versus "huge evil corporation" ( here is an excellent example: asbestos. Just look at the linked articles ).

    "Asbestos: The $200 Billion Miscarriage of Justice," by Roger Parloff.
    Fortune March 4, 2002
    http://www.fortune.com/fortune/articles/0,15 114,37 1294,00.html

    http://www.triallawyersinc.com/html/part05.html

    And "damages" are determined not by the actual damage, but by the defendent's worth. Brainwashed idiots out of the general public do it out of fears to the cheer of Naderistic zealots and greedy lawyers.

    Thus, anyone is a game in this game of chance.

    --
    Tigers respect lions, elephants and hippos. Maggots respect no one. (C) S. Dovlatov
  142. Reminding you.... by Anonymous Coward · · Score: 1, Insightful

    That most of the Government is made up of lawyers, and ex-lawyers turned politicians.

    Likewise with the higherups in the Military.

    I say it's not a bad idea.

  143. There are plenty of Good Patents by Anonymous Coward · · Score: 0

    It is the trivial ones That are the problem.

    the Transistor, the Xerox, laser bar code scanning,lcd displays, Postits.
    They made some new, did a lot of work, and made a differece.
    They deserve the protrection Patents provide.

    Someone patenting using bbblue on a web page does not.

  144. Almost... by gd2shoe · · Score: 1

    "Wallin added that his company has had settlement talks with all five of the vendors it has sued, but he wouldn't comment on specifics."

    I like this quote too, let me paraphrase: [We went and harassed them, but they wouldn't pay up, so now we'll try to bully them in court!]

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  145. That's because they're not making money... by Svartalf · · Score: 1

    ...just like SCO. Patriot Scientific at one time produced this nifty little Forth based CPU. Then they started making these Java based CPUs. Nobody seems to have bought many if any of their product offerings throughought the Java CPU period.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  146. Re:Here's a Patent Idea... by Anonymous Coward · · Score: 0


    Lighten up. I thought he was funny. Conversely, you came off like a dick.

  147. Re:Here's a Patent Idea... by popo · · Score: 1


    great idea but there's too much prior art ;)

    Source please?

    --
    ------ The best brain training is now totally free : )
  148. Re:Here's a Patent Idea... by Anonymous Coward · · Score: 0


    Did you think of that comment yourself? You should write a book on how to reply to posts. with cutting edge material like that I'm sure it would be a big hit. Top 10 at the very least, perhaps number even #1. Do you have any more sarcastic, but otherwise informationless posts for us all?

    Chill buddy. Chill.