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Seagate Accuses Cornice of Patent Infringement

dncsky1530 writes "Seagate's recently filed a patent infringement lawsuit in the U.S. District Court for the District of Delaware against Cornice of Longmont, Colo. Now it is seeking an order from the U.S. International Trade Commission to exclude Cornice disk drives and any systems or products using or containing Cornice disc drives from entry into the United States. Seagate asserts that Cornice is infringing on seven of its U.S. patents that relate to several areas of disk drive technology."

153 comments

  1. if you can't innovate then litigate by Anonymous Coward · · Score: 5, Interesting


    seems to be the American way of doing buisness thesedays, at what point will we all stand around too frightened to develop anything for fear of being sued by a team of lawyers ?
    simply developers will end up forgetting about the US market and concentrate on other countries like China or India, perhaps USA's patent/litigate buisness model is just the beginning of its end

    cheers

    A>S

    1. Re:if you can't innovate then litigate by LostCluster · · Score: 4, Insightful

      If your competitor didn't innovate but instead stole your innovation while you still have patent protection, you have to litigate. Otherwise, your competitor makes profits that rightfully belong to you.

    2. Re:if you can't innovate then litigate by Anonymous Coward · · Score: 0

      The whole damn point of patents is to protect innovators. The idea is that some technologies are expensive to invent but cheap to copy. The inventor is granted a temporary monopoly on their invention to reimburse them for their contribution to society. Two of the key points in patents is that you need to describe the technology for all to see and that they pass into the public domain relatively quickly.

      If there were no such thing as patents, then fancy new hard disk technologies might not come about as the business risk associated with throwing money into developing them would be far higher.

    3. Re:if you can't innovate then litigate by Anonymous Coward · · Score: 0

      Rightfully? I think not. Patents, all patents, are Just Wrong.

    4. Re:if you can't innovate then litigate by Anonymous Coward · · Score: 0

      If there were no such thing as patents, then fancy new hard disk technologies might not come about as the business risk associated with throwing money into developing them would be far higher.

      Has anyone ever tried that to see if it was true? Not specifically for harddrives, no, but for other technologies, yes.

      In the historical instances where patent law has been suspended or ignored, progress has always happened much faster. America ignored British patents while it was building its industrial base. America intervened to suspend aircraft patents to allow the development of aircraft in time for the war.

      The basic fact of the matter is that innovation happens anyway. It's human nature. Patents just allow it to be controlled and channelled by the establishment. The Big Lie is that patents help or reward the small inventor. Maybe they would if only individuals could hold patents, I don't know - that's another thing that hasn't been tried much.

      And where do many consumer electronic technological innovations come from? It's still Japan. And what's wierd about Japanese patent laws (apart from how hard they make it for gaijin to get patents)? Japan has a use-it-or-lose-it patent policy. If you don't produce anything with your patent within a few months, you lose it.

    5. Re:if you can't innovate then litigate by dasmegabyte · · Score: 2, Insightful

      There is no "right" to profits. There is, however, a right to protect your research. If you invent something and patent it, you have the right to demand licensing fees from anybody else who uses that thing -- even if they didn't reverse engineer your product to figure it out. This "first come, first served" patent system is designed to encourage research, as opposed to sitting around waiting for an idea to be invented for you.

      --
      Hey freaks: now you're ju
    6. Re:if you can't innovate then litigate by JPriest · · Score: 1
      I hold a patent on speaking out against patents, I would have let you know earlier but I was waiting for you do it a few so I can get more money from you when I litigate. I was never planning on using my patent, I just registered it so I can stand by and watch someone else think of it, then have my lawyers take their money instead.

      It is kind of like cyber-squatting but different, I call it patent-squatting.

      Here is my 4 step guide to patent-squatting Try to think of an idea that could be used by any big company a few years from now.

      Think of a way to obfuscate this simple idea into a 8 page document of confusing technical descriptions. Lets use "cular transportation facilitation device" as an example.

      Now patent this idea and wait in quiet anticipation of the day that you get to "Take Over The World"(tm)

      In all serious though, the problem could nearly be avoided if patent offices would kick back applications with reasons like "I can't parse that".

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    7. Re:if you can't innovate then litigate by Macadamizer · · Score: 1

      "America ignored British patents while it was building its industrial base."

      But did the British inventors hold U.S. patents on the technology? Remember, patents are ntaional in scope -- a U.S. patent can only be used against infringement in the U.S., or by a U.S. company.

      "The basic fact of the matter is that innovation happens anyway. It's human nature. Patents just allow it to be controlled and channelled by the establishment. The Big Lie is that patents help or reward the small inventor. Maybe they would if only individuals could hold patents, I don't know - that's another thing that hasn't been tried much."

      Patents may or may not reward the small inventor -- but a lot of patents, especially biotech-type patents, probably couldn't be done without a large investement in infrastructure, and no company is going to invest in infrastructure if they can't get a return. I guess we could have the government or universities do the research, but then it comes out of our pockets in taxes...

      "Japan has a use-it-or-lose-it patent policy."

      A number of patent systems have this policy, and others have a use-it-or-license-it policy.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    8. Re:if you can't innovate then litigate by Anonymous Coward · · Score: 0

      That does not change the fact that freed of the restrictions of british patenst,the US was free to innovate... until it crippled itself with its own patents.

    9. Re:if you can't innovate then litigate by d'fim · · Score: 1

      Looks like Seagate DID innovate; what's your point?

      Oh, that's right: you're a troll.

      --
      Adherence to the truth is a form of disloyalty.
    10. Re:if you can't innovate then litigate by Anonymous Coward · · Score: 0

      In the historical instances where patent law has been suspended or ignored, progress has always happened much faster. America ignored British patents while it was building its industrial base.

      But that's not technological progress. America didn't invent stuff faster because it could ignore British patents, it could implement stuff faster because it could ignore British patents.

      The basic fact of the matter is that innovation happens anyway.

      What kind of innovation, though? Sure, writing an innovative new type of computer program might still happen, as shown by BSD development, etc, but expensive developments are severely restricted. If it costs a few million to find a certain type of compound to use for a new type of hard-drive, who is going to pay those millions? It's not going to be companies, as the return on their investment is going to be unreliable if all their competitors can use the same compound straight away without paying out the development cost. It's not going to be hobbyists, as they can't afford the millions. So who is going to pay for it?

  2. Patents... by NemosomeN · · Score: 0, Redundant

    I have begun to think you cannot breathe without infringing on a patent or two...

    --
    I hate grammar Nazi's.
    1. Re:Patents... by karmatic · · Score: 1

      GMail Invite sent - now change your stupid sig.

    2. Re:Patents... by Anonymous Coward · · Score: 0

      I filed for a patent on; "complaining about patents with reference to the respiratory system, or use of the respiratory system in the act of complaining about a patent or patents"

      You're going down. See you in court.

    3. Re:Patents... by AntiOrganic · · Score: 0, Offtopic
      I filed for a patent on; "complaining about patents with reference to the respiratory system, or use of the respiratory system in the act of complaining about a patent or patents"
      Sigh...
    4. Re:Patents... by Dun+Malg · · Score: 1
      I filed for a patent on; "complaining about patents with reference to the respiratory system, or use of the respiratory system in the act of complaining about a patent or patents"

      Yeah, and I'm going to patent the butthole so everyone has to pay me if they a) want to take a crap, or b) pull out another lame joke to post for the nth time on slashdot.

      Please, can we let the stupid joke die already? It wasn't particularly funny the first time, and it doesn't get any funnier with repetition.

      --
      If a job's not worth doing, it's not worth doing right.
    5. Re:Patents... by Anonymous Coward · · Score: 0

      Was mostly a joke/experiment to see how bad that turned my email into a black hole of spam, heh. But tyvm.

    6. Re:Patents... by Zorilla · · Score: 1

      Yeah, and I'm going to patent the butthole so everyone has to pay me if they a) want to take a crap, or b) pull out another lame joke to post for the nth time on slashdot.

      I had chili for dinner. Patent this.

      BRRRRRMMMMMMMMMMMMRRRRAAAAAAAAAAAAAAAP!

      --

      It would be cool if it didn't suck.
  3. Western Digital too by Thiago+Ize · · Score: 5, Informative

    Sounds like Cornice really is thieving -- Western Digital has also filed patent infringement charges against them. This is one case where I'm actually FOR filing suit.

    I feel dirty saying that here...

    1. Re: Western Digital too by randyest · · Score: 5, Interesting

      Why should you feel dirty for thinking properly and lauding the use of patents in the way they were intended to be used? It's ok to stray away from the herd, you know, especially if the other sheep are being dumb and blindly following the blind sheep at the front of the pack.

      Which happens sometimes here on /. of course. But I expect to see mostly posts like yours -- this suit is wholly warranted, Cornice is stealing, patents can and should be used to protect against this sort of thing.

      I think most of us realize that inane blanket statements like "patents are bad, mmkay?" are useless and silly. In this case, patents are good. Even if some of the patents are teh 3vil "software patents" related to algorithms in the firmware or some such (I don't know, neither the linked info nor Seagate's website give any details.)

      Or maybe you were just joking. If so, I apologize for my lack of a sense of humor -- it's early and I was out late :)

      --
      everything in moderation
    2. Re: Western Digital too by Heartz · · Score: 0
      Why should you feel dirty for thinking properly and lauding the use of patents in the way they were intended to be used? It's ok to stray away from the herd, you know, especially if the other sheep are being dumb and blindly following the blind sheep at the front of the pack.

      Maybe he just forgot to take a shower before he posted? *ducks*

    3. Re: Western Digital too by WindBourne · · Score: 1

      Then feel dirty. Cornice is in my neck of the woods. Apparently, they are starting to make inroad with technology and sales. This is just their way of getting Cornice to trade with them. Think how amazon uses the one-click. Interestingly enough, this may be total BS.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    4. Re: Western Digital too by gnuman99 · · Score: 4, Interesting

      Maybe someone should post *what* patents they are infringing? Are these the "my disk is round" type of patents or something else?

    5. Re: Western Digital too by paul248 · · Score: 2, Insightful
      Sounds like Cornice really is thieving.
      *ahem* It's not thieving, it's patent infringement.
    6. Re: Western Digital too by Omnifarious · · Score: 2, Interesting

      Actually, while I suspect I would think suit was justified and proper in this case, I think the patent system as a whole is completely broken and needs a major overhaul and partial replacement.

      Given that, it makes me nervous to find myself supporting any litigation involving patents.

      Also, they are not thieving, they are violating patents. They aren't taking anything from anyone. They are violating a societal restriction of the natural right to copy ideas that we all have (supposedly) agreed to. That is not thievery, it is patent violation. Applying the word 'thievery' implies the erroneous premise that ideas have owners.

  4. Couldn't this hurt the US? by Manip · · Score: 1, Interesting

    If the US blocks companies from selling there, companies might stop trying to sell anything and could push the US economy into economic decline. I mean if you thought as a company that you had to jump though hoops in order to sell something in a supposedly free market would you still bother? Or would you just sell it in Europe?

    I mean the patent laws are anti-business anyway but when you start blocking products from the country, haven't we moved to an all new level of problems? How will small businesses and internationals compete against US businesses when all international products are up for review.

    1. Re:Couldn't this hurt the US? by NemosomeN · · Score: 1

      The US is too big of a market for companies to (en masse) just say "Screw USA, not worth it.

      --
      I hate grammar Nazi's.
    2. Re:Couldn't this hurt the US? by randyest · · Score: 5, Informative

      I mean the patent laws are anti-business

      Eh? I guess that's true if your "business" is using the fruits of the research and development of other companies without any permission or compensation. But I'm afraid most business, at least those interested in developing new things, appreciate that they can use patents to help ensure they make some money to pay off that fat R&D bill before everyone else just reverse-engineers a product and puts out a knock-off version for half the price immediately.

      How will small businesses and internationals compete against US businesses when all international products are up for review.

      The same way they always have -- through innovation, superior products, better service, better prices, etc. You don't have to steal to compete.

      --
      everything in moderation
    3. Re:Couldn't this hurt the US? by LostCluster · · Score: 4, Insightful

      But in this case, this is being done to protect a US-based company from being driven out of the business by a competitor that's making the same product without having to pay any of the R&D costs behind it.

      Patents exist so whomever bears the R&D cost has some decent chance of profiting before everybody else rushes in and drives down the price. If you allow the patent system to fall, R&D dies with it.

    4. Re:Couldn't this hurt the US? by king-manic · · Score: 1, Redundant

      The US makes up a larger slice of the market then the EU + the rest of europe + russia + africa combined.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    5. Re:Couldn't this hurt the US? by randyest · · Score: 1

      How will small businesses and internationals compete against US businesses when all international products are up for review.

      A more interesting question is:

      How will US businesses compete when they must adhere to patent laws from which small businesses and internationals are exempt?

      Or better yet:

      Why would US businesses spend money on research and development to innovate when small businesses and internationals can reverse-engineer the product and sell the same implemetation at a lower cost because of their lack of R&D expenses?

      --
      everything in moderation
    6. Re:Couldn't this hurt the US? by Macadamizer · · Score: 2, Informative

      You do realize that virtually every other country ALSO has patent laws of various types -- some stricter than the U.S., some looser, but most countries have a patent system of one type or antoher.

      At least the U.S. has an enforcement mechanism for patents, unlike India or China...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    7. Re:Couldn't this hurt the US? by treat · · Score: 1
      Eh? I guess that's true if your "business" is using the fruits of the research and development of other companies without any permission or compensation.

      A patent can be used against you if you develop something indepenently. It can be used against you even if there was no real research and development effort to create the invention.

    8. Re:Couldn't this hurt the US? by Anonymous Coward · · Score: 0

      That's not entirely true anymore. Several large multinational european, russian and indian corporations, particularly telecoms giants, have had a "fuck the USA" policy for some time now.

    9. Re:Couldn't this hurt the US? by Andy_R · · Score: 1

      Are you basing that claim on actual facts or just plain old xenophobia?

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    10. Re:Couldn't this hurt the US? by Omnifarious · · Score: 1

      The word 'steal' is inappropriate in this context. It implies the errnoeous assumption that ideas have owners. Ideas are not property. They do not have owners.

      The patent system is a societal restriction on the natural right we all have to copy. We have all (supposedly) agreed to this restriction on our natural freedom in the hopes of achieving certain goals.

    11. Re:Couldn't this hurt the US? by Anonymous Coward · · Score: 0

      Get a clue. The EU is now nearly double the size of the US. The US is just a scaled-up third world country, complete with scaled-up evil dictator, exorbitant military spending, crushing poverty for the average man, epidemic disease and high pollution. You just haven't realised the US has collapsed and Asians 0wn you yet.

    12. Re:Couldn't this hurt the US? by king-manic · · Score: 1

      Facts. I'm not American so I'd hardly figure it's Xenophobia. The Americans are ravenous consumers and spend more easily then most any other nationaility.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
  5. New Business model? by Daimaou · · Score: 1, Troll

    I think it's interesting that instead of Seagate competing with a quality 1" drive of their own (maybe they do, I just couldn't find one), they try to compete through litigation. Reminds me of somebody else I know.

    1. Re:New Business model? by Anonymous Coward · · Score: 0

      They have a 2.5GB and a 5GB version in the works, it's supposed to be released this fall.

    2. Re:New Business model? by the+eric+conspiracy · · Score: 1

      Seagate competing with a quality 1" drive

      Seagate's web site lists 1" drives for CF applications.

      Western Digital is also suing Cornice for patent infringement. Looks to me like these guys are just corporate pirates.

  6. ..and I'll bet these patents... by Anonymous Coward · · Score: 5, Funny

    ...are something like:

    Patent One:

    1) Method of storage digital data in a round magnetic medium

    2) Method of spinning magnetic medium

    3) Method of writing to round spinning magnetic medium

    4) Method of reading from round spinning magnetic medium

    5) Method of using round magnetic medium, reading and writing so that it can be put in a small box with electrical connectors

    6) Method of taking small box containing magnetic medium that can be read and written, using electrical connectors to attach to Electronic Data Processing Machine

    7) Method of taking small box containing magnetic medium that can be read and written, using electrical connects and drilling 4 holes in it so you can use a screwdrive to attach to said EDP machine.

    8) Amen.

    1. Re:..and I'll bet these patents... by Anonymous Coward · · Score: 0

      You forgot:

      9) ?????

      10) Profit!

    2. Re:..and I'll bet these patents... by Anonymous Coward · · Score: 0, Flamebait

      1) Read story
      2) Jump to conclusions
      3) Post something broadcasting your ignorance, yet agrees with Slashdot "one opinion fits all" mindset
      4) Load said post with excruciatingly tired cliches
      5) ????
      6) Karma!

  7. Damn Cornice by Pedrito · · Score: 3, Funny

    They had to go and make the platters round. Didn't they know Seagate had a patent on round flat things with a hole in the center? Man, if it wasn't for Dunkin Donuts, they would have gotten that patent on ring-torus shaped things as well. And what would the police have to do if that had happened?

  8. LLC by Anonymous+Writer · · Score: 1

    TOKYO - Seagate Technology LLC is expanding its battle...

    I hope this isn't irrelevant to discussion, but I was just curious- I thought Limited Liability Companies (LLCs) were only in the US. Do they have them in Japan as well, or was this article implying that the US branch of the company dealing with the U.S. International Trade Commission was registered as an LLC?

    1. Re:LLC by aredubya74 · · Score: 1

      RTOFA (Read The Other Friggin' Article), Seagate LLC is indeed based in the US:

      "Seagate Technology, the Scotts Valley-based hard disk drive manufacturer..."

      While it doesn't explicitly say that Scotts Valley is in the US, I don't recall there being any town in Japan called Scotts Valley. However, there was reference to a town called Beaver Falls in the brilliant Prince of Space (thank you, MST3K), so who knows what other Anglocized towns there.

      --

      RW

    2. Re:LLC by Anonymous Coward · · Score: 1, Informative

      No the equal/shared limited liability concept a la LLC is a long running company concept in Europe, the format has it's formal roots in the Co-op movement in Germany in the 1850-60 although this sort of partnership has existed much longer without a formal recognision, the LLC moniker however is only used in the USA and this news thus probably refers to the US operation, nothing unusual about a company going to court in another country after all, actually all too frequent these day's........

      Unusually a portion of large companies in the USA has chosen to use the LLC format while in Scandinavia only lager companies that grew from co-op movements have used it and most of them are actually moving the other way, ie morphing into limited companies.

    3. Re:LLC by dgatwood · · Score: 1
      It's about ten minutes north of Santa Cruz, CA. I drive through the corner of it regularly. And yes, I believe that Seagate is headquartered there.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:LLC by jrumney · · Score: 1
      ... while in Scandinavia only lager companies that grew from co-op movements have used it ...

      Ah, the Tuborg, Carlsburg, Pripps and Ringnes "co-op". I wasn't aware they were the only LLC left in Scandinavia, though they have managed to almost completely take over the lager market there.

    5. Re:LLC by Anonymous Coward · · Score: 0

      I meant to write larger, but actually at the least one of the smaller scandinavian Beer/Bier/Bjór/lager/whatever companies started life as a co-op :=)

      No idea about the current registration status however.

  9. Why exclude? by Anonymous Coward · · Score: 3, Insightful

    Now it is seeking an order from the U.S. International Trade Commission to exclude Cornice disk drives and any systems or products using or containing Cornice disc drives from entry into the United States.

    If Seagate is truly out to protect their revenue (which is the intention of patents), they should have no problem letting Cornice continue to sell their wares... If Cornice is really infringing on the patents, they will eventually have to pay licensing fees to Seagate, so the more they sell the more Seagate will benefit. And if there is no infringement, then there is no point in stopping their sales.

    This is where the US patent system is fucked up. Any patent-holder should be forced to allow others to use the technology by paying a reasonable licensing fee. Entities should never be able to use patents as a way of stopping competitors from making sales. Yet the latter has become the US way of doing business. Sad.

    -hadohk

    1. Re:Why exclude? by javaaddikt · · Score: 2, Interesting

      It is bad because you're allowing the infringing company to gain market share and brand recognition by selling products with patented feature x. Then they gain credibility, remove feature x or alter it slightly for compliance, and and enjoy solid sales with no license fees.

    2. Re:Why exclude? by Macadamizer · · Score: 3, Insightful

      "If Cornice is really infringing on the patents, they will eventually have to pay licensing fees to Seagate, so the more they sell the more Seagate will benefit."

      And how do you determine whether Cornice is "really infringing?"

      You got to go to court.

      Cornice isn't going to pay licensing fees to Seagate because they realize they are "really infringing" or because Seagate "feels" they are infringing -- they will pay licensing fees when they either get dragged into a lawsuit and decide that it's not worth a fight, or fight it and lose.

      "so the more they sell the more Seagate will benefit"

      One other thing -- if Seagate believes that Cornice is infringing, they are not allowed to let Cornice "rack up" licensing fees -- if they wait too long, they may lose their right to some or all of their rightful fees.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    3. Re:Why exclude? by Anonymous Coward · · Score: 0

      You got to go to court.

      Yes, no argument there. That's the way to do it: file a lawsuit claiming licensing fees. But asking for a boycott is not necessarily part of suing.

      One other thing -- if Seagate believes that Cornice is infringing, they are not allowed to let Cornice "rack up" licensing fees -- if they wait too long, they may lose their right to some or all of their rightful fees.

      I call BS on this. Got any cites? Once they file the suit, the problem has been stated clearly to all parties. If the court decides that Cornice is infringing, they will be made to pay licensing fees for all sales before and after the filing of the suit.

      Basically, you're arguing a point I never made and making up FUD. In short, your comment is a pure waste of bandwidth.

      -hadohk

    4. Re:Why exclude? by Anonymous Coward · · Score: 0

      Well yeah, that's part of the game with patents. If you absolutely don't want any other company to use your technology, you don't file any patents, you make it a trade secret.

      As it's been said before: "you can't have your cake and eat it too."

      -hadohk

    5. Re:Why exclude? by Ruie · · Score: 1
      In this case it is actually worse.

      As I understand the article Cornice makes 1" drives only (small enough to fit into MP3 player) and Seagate does not produce such drives at all.

      If Cornice infringes Seagate patents and Seagate wins they would squashing a manufacturer with a completely different niche.

    6. Re:Why exclude? by geekoid · · Score: 1

      Actually, if cornice feels there are not infringing, they can counter sue for loss, improper business practices, and probably bring Seagate patents under very close scrutiny.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Why exclude? by general_re · · Score: 1

      Either Seagate holds patents on the technology, or it doesn't, but the fact that they aren't manufacturing products based on patents they might hold is irrelevant. Otherwise, what you're basically suggesting is that it's okay to take someone else's idea, so long as you're faster to build a factory than they are.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    8. Re:Why exclude? by Tod+DeBie · · Score: 1
      Any patent-holder should be forced to allow others to use the technology by paying a reasonable licensing fee.

      Stalin would be proud.

    9. Re:Why exclude? by Macadamizer · · Score: 1

      "I call BS on this. Got any cites?"

      No cites. Look it up yourself. Look up the concepts of laches and equitable estoppel.

      "If the court decides that Cornice is infringing, they will be made to pay licensing fees for all sales before and after the filing of the suit."

      Not if it can be shown that the patent owner "sat on their rights" in order to allow damages to accrue.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    10. Re:Why exclude? by Macadamizer · · Score: 1

      "Basically, you're arguing a point I never made and making up FUD."

      Maybe I misread your earlier post, but I got the impression that you were implying that licensing fees were "automatic." Didn't mean to argue a point you never made.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    11. Re:Why exclude? by anthropomorphized · · Score: 2, Informative
      Cornice will only have to "eventually pay licensing fees to Seagate" if Seagate successfully sues for patent infringement. The fact that Seagate is asking to exclude Cornice does not necessarily mean that exclusion is actually Seagate's desired final outcome. It could simply be a litigation strategy. It is used all the time. If Seagate wins the infringement action, and Cornice is faced with the possibility of losing ALL revenue from the infringing product line, that is a HUGE incentive to Cornice to settle with Seagate and negotiate a license. Of course the licensing fee in that situation will likely be far greater than the fee if Cornice and Seagate were to negotiate now, since without a court ruling that Cornice is ingringing, Cornice has no incentive to give in to Seagate's possibly sky-high demands.

      Futhermore, the statutory penalty for patent infringement is damages, or at least a reasonable licensing fee. You might be surprised how often the reasonable licensing fee is actually more money than damages, since the damages calculation is complicated and difficult to prove.

      The point is that many companies use infringement suits a bargaining chip to extract higher licensing fees.

    12. Re:Why exclude? by the+eric+conspiracy · · Score: 1


      Seagate does not produce such drives at all.

      Seagate's web site lists 1" drives for CF applications.

    13. Re:Why exclude? by fferreres · · Score: 1

      Patents are supposed to be about royalties. Of course you'd expect someone using your patents to gain market share AND brand recognition. Else, you'd keep it as a trade secret. I don't see the problem with that. Also, I think patents would work best if companies where to be forced to split the revenues. Each company having a "patent collections" where they have to charge the same amount to their our patent department as they are charging others. You could stop any patent abuse, after all, they would have to abuse themselves in the first place. Granted, the company patent division could be making money, but probably the company as a hole could be making more money by NOT using their own very patents, and that would lead to patent revocation. In the end, they would have to balance patent extortion internaly and thus externaly.

      --
      unfinished: (adj.)
    14. Re:Why exclude? by Anonymous Coward · · Score: 0

      Stalin would be proud.

      Well, Stalin in fact, did the exact opposite. He did NOT allow anyone produce anything without a patent from the government. Any private business activity was a crime. The patent system of today is quite close to the Stalin way...

    15. Re:Why exclude? by gnuman99 · · Score: 1
      Otherwise, what you're basically suggesting is that it's okay to take someone else's idea, so long as you're faster to build a factory than they are.

      Ahh... Just thinking of the days when you couldn't patent an idea or a formula.

      I guess the patent office of today is not the patent office of the 1930s, eh?

  10. Patent Ownership by nurb432 · · Score: 4, Interesting

    If they are violating Segates patents, then they SHOULD be sued..

    Abuse of patent the system is wrong, but if you have received patent approval, you have the right ( obligation as far as im concerned ) to protect your patent.

    If the patent system was totally abolished, then few companies would bother to innovate. Without some protection of having your work stolen ( and future income derived from it ) from you, why bother at all?

    --
    ---- Booth was a patriot ----
    1. Re:Patent Ownership by WindBourne · · Score: 4, Insightful
      If the patent system was totally abolished, then few companies would bother to innovate. Without some protection of having your work stolen ( and future income derived from it ) from you, why bother at all?

      Personally, I do not believe that. Companies would still inovate. They have to otherwise they would die. What would probably not happen is that inovations that require a lot of fundemental research (read expense) would not happen. Nor would companies be in a hurry to share information.

      Patents were developed to allow an individual time to develop an idea. Now adays, these have been extended to the point that they are the business. I believe that we should go back to what the framers wanted; A means to allow an individual to develop.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:Patent Ownership by rollingcalf · · Score: 4, Insightful

      " If they are violating Segates patents, then they SHOULD be sued..

      Abuse of patent the system is wrong, but if you have received patent approval, you have the right ( obligation as far as im concerned ) to protect your patent."


      Obtaining a patent for something that was invented before or is obvious to those skilled in the field, and choosing to sue for infringement of that patent, is itself an abuse of the patent system (regardless of the fact that the system allows such abuse by granting low-quality patents).

      They should be sued only if they are violating the patents AND the patents are for legitimate non-obvious inventions. Occurrences of the latter are very uncommon these days.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    3. Re:Patent Ownership by niom · · Score: 1

      Without some protection of having your work stolen ( and future income derived from it ) from you, why bother at all?

      Reverse engineering from the commercial product is not always so easy as you make it. It's not simply a matter of taking the product off the shelf and having factories pop up like mushrooms.

      A company might be confident that reverse engineering would be too expensive for its competitors, or that it would take long enough to make it irrelevant...

      It might well be that in a market that evolves quick enough, patents do more to slow and even prevent innovation that to encourage it.

      --
      -- Repeat with me: "There is no right to profits".
    4. Re:Patent Ownership by TyrranzzX · · Score: 1

      I hereby patent the letter A: you owe me for using it.

      We forget about the blatent abuse the patent system causes? Not only that, but I should think technology is actually slowed down by the patent system, considering nothing stays new and therefore heavily profitable for more than 2 or 3 years.

      Yes, they should have the fruits of their labours. However, when your patents are used to exclude competition because they're so general, then you're not good for society or yourself.

    5. Re:Patent Ownership by Elektroschock · · Score: 1

      Patents on process --> crap
      Patent on product --> okay
      software patents -- urrgh!

      Liberal economists reject the patent system at large.

      Perhaps what the US needs now is an American FFII.US that wipes the lawyers out...

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

      Patents also allow people to take ideas and build upon them, while still giving due credit to the original inventor. If patents weren't around in the first place, who's to say where technology would be today... I don't think that it would be near where it is today.

    7. Re:Patent Ownership by Anonymous Coward · · Score: 0

      You're right. Our interstellar spacecraft would have taken technology to the next few star systems.

      Credit to the inventor is one thing - giving the inventor (or more usually the suits who own the inventor's ass) arbitrary power to prevent other humans implementing the invention is quite another.

    8. Re:Patent Ownership by rew · · Score: 1

      If they are violating Segates patents, then they SHOULD be sued..

      The problem is that someone making a modern harddisk and knowing something on how to do things will come up with the same idea. Prior art is something you can prove. But "it's easy for someone skilled in the field" is not.

      A patent is an invention that is new (i.e. no prior art), and not obvious to someone skilled in the field. At least that's how dutch and european laws formulate things.

      Suppose you're a webshop designer. In your logs you notice that 20% of the clients build up a shopping cart and then don't finish check out. You simplify the shopping process, right? What does this lead to? One click shopping! That is just one example where "someone skilled in the field" will come up with exactly the same idea.

      Patents are intended to protect two types of inventions: The ones done in the garage, where the inventor needs some slack to gather funds, build a factory that makes the product, and then market that product and build a market share.

      The other type is that where a big investment in time and money is done to develop something. In that case the company that did this investment needs time to recoup their investment.

      We're talking about the second case here. Now I seriously doubt that Seagate invested big bucks to come up with ideas that are really innovative so that someone skilled in the field won't come up with them given the same problem.

      The sheer amount of patents listed on a seagate harddisk makes it unlikely that they are all really innovating enough to be really patentworthy.

      Do you really think that Cornice opened up a seagate harddisk and copied the patented features? I seriously doubt it. They probably came up with most of the 9 patent infringements themselves which proves that: "someone skilled in the fied" would come up with the same solution.

      The reason Maxtor isn't sued is because seagate knows that Maxtor has a similar arsenal of patents that they are infringing. So either they have or will have (*) a deal where each promises not to bother the other about patents.

      Roger.

      (*) The first time one of them sends a letter to the other stating: "You're violating one of our patents, let's talk", the other will send back: "You're violating 10 of our patents. Indeed, let's talk". End result: they agree not to mention the subject again, without any money going either way.

  11. Does Seagate have a patent on noisy drives? by Anonymous Coward · · Score: 0

    I've had Rodime, WD (three or four), Maxtor (two) IBM (another two), and the Seagates made more noise than the rest of the hard drives put together. The first Seagate I had sounded like someone threw marbles in a blender -- though it ran for a couple of years in that state -- and the last one I purchased a couple of months ago makes a lot more noise than the other two HDs, the DVD player, CDRW or the two fans in the system.

    1. Re:Does Seagate have a patent on noisy drives? by Fallen_Knight · · Score: 1

      What drive are you talking about?

      i have 3 seagates in my computer and togeather they are quieter then 1 maxtor or Westren digital drive...

      2 friends of mine got seagate drives bceause i recommended them and they to were quite happy with how quiet they are.

      seagate makes the quietest drives around. And unlike maxtor or WD i've yet to have one fail.

    2. Re:Does Seagate have a patent on noisy drives? by AVryhof · · Score: 1

      IBM Drives are pretty quiet...

  12. No surprise.. by Mr2cents · · Score: 2, Interesting

    Is it even possible to design a harddisk these days without ingringing on one of the major player's patents?

    Is that the future that awaits programmers with those software patents?

    --
    "It's too bad that stupidity isn't painful." - Anton LaVey
    1. Re:No surprise.. by tkrotchko · · Score: 3, Insightful

      Only a terrorist would question the government.
      -- John Ashcroft

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    2. Re:No surprise.. by Overzeetop · · Score: 1

      No, it probably isn't - or, rather, you can't make a product Just Like That (TM). If it could be done, it would take a great deal of expensive R&D...just like it did to create the modern drives (whose methods are patented now). That's why there are usually licencing fees that get paid. If the licensing fees are too high, then it will be worth it for you to do the R&D to do it a different way, then undercut the greedy bastards who wouldn't sell you patent rights. Or just wait 'til the patent expires.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    3. Re:No surprise.. by k98sven · · Score: 2, Insightful

      Googling gave nothing: Do you have a source for that quote?

      Although I truely despise Ashcroft, I cannot believe he is so monumentally stupid to say something like that.

      Or did you intend to paraphrase?

  13. The seven infringed patents by iamdrscience · · Score: 1

    A summary of the 7 patents that are supposedly being infringed upon: #1 - Method of writing 1s to drive #2 - Method of writing 0s to drive #3 - Method of reading 1s from drive #4 - Method of reading 0s from drive #5 - Means of assembling drive (screws) #6 - Means of rotating circular data disk (motor) #7 - Method of powering drive (electricity) Plus they are planning to utilize two of seagate's pending patents (not yet enacted); "method of writing 2s to drive" and "method of reading 2s from drive"

    1. Re:The seven infringed patents by Anonymous Coward · · Score: 0

      Do they also have a patent on making numbered lists with line breaks between the items?

  14. That's funny. by Anonymous Coward · · Score: 0

    I have a (relatively new) 160GB drive from Seagate, and it is the most quiet drive I've ever owned. In fact, I can't even hear it most of the time because of the CPU fan.

  15. more information. by phuturephunk · · Score: 2, Insightful

    I'd like to see more information on the technology thats being infringed upon. If Cornice is indeed taking patented technology, ripping it off and using it for their own benefit, then they should be stopped and have to pay for it.
    Unlike software patents, which should be treated differently, hardware patents have quite a bit much more riding on the line for the company that chooses to undertake the endeavor of actually designing and manufacturing a piece of hardware.

  16. Couldn't they... by Adartse.Liminality · · Score: 1

    Spend their time making reliable HD's?

    An ageing 15G maxtor is up and perfect, while the last three seagates I've bought 2 o' em are already in a garbage bin somewhere, and this one is soon to follow, plus another I've to return 'cos it was defective from the start, damned POS.

    If cornice is stealing seagate's tech, then I'll put 'em in my 'do not ever buy list' along with seagate.

    --
    Smokin' & rubying away
    1. Re:Couldn't they... by pseudochaotic · · Score: 1

      Probably just your bad luck, since my Seagate drive has been running reliably for about 3 years now. (Though, looking back at your numbers, maybe it's my good luck.)

      --
      And the l33t shall inherit the 34r7h.
    2. Re:Couldn't they... by Karhgath · · Score: 1

      I have a different story here. All my maxtor drives crapped out on me(old and new ones), some after only 1-2 month, some after a year. One time the first drive died after 2 months, then the replacement drive died after 1 month, then the other replacement drive died after 4 months... then I stopped sending RMA and now I buy only WD or Seagates.

      I think it's the same with Motherboard... some people have more affinity with some specific brand, but overall, they are all mostly equal.

      What I like about Seagate is their 3 years warranty instead of 1.

    3. Re:Couldn't they... by Fallen_Knight · · Score: 1

      i have always used seagates now for 3+ years... after maxtor and WD drives kept failing

    4. Re:Couldn't they... by AVryhof · · Score: 1

      Really? My ST225 still runs just fine.

      Granted it only holds 20 Mb of data and needs an MFM controller but it's still a good drive. ;-)

  17. Unlikely by Anonymous Coward · · Score: 0

    They are probably infringing, but then again everyone is nowadays ... I doubt they made a conscious effort to steal anything though. Their "crime" is not being part of the big trust of manufacturers with cross licensing agreements.

    Their product line is clearly innovative, the trust members have produced nothing simular and now the innovation will be surpressed ... how do patents promote innovation again?

  18. Wait and See by WindBourne · · Score: 4, Informative

    Some of you are in a real hurry to convict Cornice with out having a grasp of what the situation is. They are a start-up with good technology and good sales. Basically they produce diskdrives that use very few parts. Cornice was started by a group that use to make Maxtor, Seagate, etc. They know well what the patents are. My understanding is that the company is not infringing, but both groups hope to pressure Cornice into trading patents with them.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Wait and See by Richard_at_work · · Score: 1

      If Cornice is not infringing then wouldnt Seagate bringing lawsuits against them for "Infringing on our patents" constitute a malicious lawsuit? And arent those frowned upon in the US and a fair number of other countries? And wouldnt Seagates lawyers and management know that? Im very doubtful that Seagate (and Western Digital it looks like also has a patent lawsuit against Cornice) is that stupid, there isnt enough stupidity to go around as SCO has it all.

    2. Re:Wait and See by WindBourne · · Score: 1

      In the US, we seem to litigate just about everything. While I doubt that what I heard was 100% true (no, we are not infringing), I also suspect that any infringement is minimal. That is these will be partial infringments that leaves the court saying is it infringment or not. Besides, I suspect that this is simply a means of forcing Cornice to allow others into their space/interface.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:Wait and See by Omnifarious · · Score: 1

      That line of reasoning is wrong. Always assuming guilt encourages companies to make baseless accusations because people like you will simply assume that the defending party must be guilty.

    4. Re:Wait and See by Richard_at_work · · Score: 1

      Im not assuming guilt, Im just assuming that Seagates lawyers and management know their jobs and have enough evidence of an infringement to make this a legitimate lawsuit. The parent to my post claims that Cornice arent infact infringing at all, and the lawsuits are just a form of bullying. I was stating that there are laws against just that sort of lawsuit, and if that were the case then Seagates lawyers would be in a world of trouble.

    5. Re:Wait and See by haruchai · · Score: 1

      Perhaps, perhaps not. Since the courts are not usually tech-savvy, they can easily be bamboozled
      by fast-talking lawyers.
      The SCO lawsuit against IBM is founded on very thin "evidence" and many of their accusations have been ripped to shreds publicly yet they're forging ahead with the suit.

      --
      Pain is merely failure leaving the body
  19. Re:I hope those infringed patents don't include... by Caiwyn · · Score: 4, Informative

    Maxtor bought Quantum, not Seagate.

  20. Oh sure ... by Anonymous Coward · · Score: 0

    You really think you could make a HD drive without infringing on patents?

    You cant innovate or make superior products if you cant even enter the market. At best you can try to license the patents, but since licensors can charge anything they want they will take as much of your profits as they can ... you will just be working for them. Not a good deal for a good entrepeneur, so usually they will choose not to enter at all.

    Here we have an example of a company which did try to enter a market in which you can really only participate through cross licensing deals, they were probably fool hardy ... but at least it is a nice example of how patents surpress innovation too at least.

    Patents are a compromise, they prevent innovation as well as promoting it ... so their effectiveness should always be scrutinized, they are a means to a cause. Intellectual property does not exist, it is something the government grants.

  21. Anyone know what the actual patent numbers are? by AnotherBlackHat · · Score: 3, Interesting


    Anyone know what the actual patent numbers are?

    -- not a .sig

    1. Re:Anyone know what the actual patent numbers are? by Anonymous Coward · · Score: 0

      haruchai (17472) found them - thanks.

      5,452,159;
      5,600,506;
      6,146,754;
      6,324,054;
      6,455,845 B1;
      5,596,461

      From http://corporate.findlaw.com/scripts/full_dkt.pl?c ourt=ded&dk_num=1%3A2004cv00418

      (Please mod up the other post, not this one.)

  22. Patents? by sardonic2 · · Score: 1

    Which patents are they infringing on, I see nothing in the article(s), or on seagate press release. Maybe segates just jealous, and maybe seagate and WD think if they both file there will be no litigation, because they must be right.

  23. MOD DOWN, PLEASE by WindBourne · · Score: 2, Insightful
    this suit is wholly warranted, Cornice is stealing, patents can and should be used to protect against this sort of thing.

    My understanding is Cornice is not infringing. What is going on is that these companies want Cornice to deal with them and give them access to Cornice's Patents (Think SCO vs. IBM. Think MS busy accumulating total BS patents.) These patents make it possible to build inexpensive, low-energy, small disk drives. This post was totally reactionary and does not deserve a 1 let alone a 5.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:MOD DOWN, PLEASE by Macadamizer · · Score: 1

      "My understanding is Cornice is not infringing."

      Just curious, where did your understanding come from? All of the news outlets just say Seagate is accusing Cornice of infringing, nothing about other deals.

      Maybe this really is a ploy to force Cornice into cross-licensing, maybe not -- but accusing someone of infrigement without having a strong basis for believing there is infringement can be heavily penailzed (and often is) under FRCP Rule 11.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    2. Re:MOD DOWN, PLEASE by WindBourne · · Score: 1

      Just curious, where did your understanding come from?Techies/Engineer from Cornice. I am guessing that there will be some level of infringment ( 1 line from the patent vs. the whole thing ) and that is allowing their lawyers to take the case to court.

      Interesting to hear about that penalty.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:MOD DOWN, PLEASE by Macadamizer · · Score: 3, Insightful

      "Just curious, where did your understanding come from?Techies/Engineer from Cornice."

      Cool, thanks.

      "I am guessing that there will be some level of infringment ( 1 line from the patent vs. the whole thing ) and that is allowing their lawyers to take the case to court."

      Yeah, that could very well be. You have to have at least a "good faith" belief that there is infringement in order to avoid sanctions.

      "Interesting to hear about that penalty."

      FYI, here's the relevant section of Rule 11:

      "(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.

      (A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

      (B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned."

      The scary thing (for attorneys, at least) is that the court can order that the Rule 11 sanctions be paid by the attorney and not allow the company that hired the attorney to indemnify the attorney!

      --

      "That's not even wrong..." -- Wolfgang Pauli
    4. Re:MOD DOWN, PLEASE by WindBourne · · Score: 1
      The scary thing (for attorneys, at least) is that the court can order that the Rule 11 sanctions be paid by the attorney and not allow the company that hired the attorney to indemnify the attorney!

      We need more laws like that. I am sick and tired of us becoming a country of lawsuits rather than a country that makes things.

      Once it becomes expensive to be a lawyer if you try to screw the system, many will opt to be engineers or business ppl again.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    5. Re:MOD DOWN, PLEASE by Macadamizer · · Score: 1

      "We need more laws like that"

      Actually, this sanction applies to ANY case filed in federal courts -- but it really has only been widely employed in patent litigation cases.

      So the law is there, but people aren't using it much...

      "Once it becomes expensive to be a lawyer if you try to screw the system, many will opt to be engineers or business ppl again."

      Or just be lawyers that DON'T try to screw the system!

      You'd probably be suprised at just how many ways there are to get in trouble or lose your license if you are a lawyewr -- but, even with all of the rules, they are probably underused in many cases. It's a fine line between stopping "frivolous" lawsuits and making it so that lawyers are afraid to handle cases with actual merit...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    6. Re:MOD DOWN, PLEASE by Anonymous Coward · · Score: 0

      We dont need more laws. What we need is to have the laws that we do have be enforced.

    7. Re:MOD DOWN, PLEASE by Anonymous Coward · · Score: 0

      I've got a totally reactionary post for you right here.

      That'l teach you using five-syllable words on /.

  24. No its the US way ... by Anonymous Coward · · Score: 0

    American way is to build upon a dream and win the market created by that dream.

    The US ( seems fiting here "us" ) way is to sue because they cant compete or think they can brake/bankrupt there oponent that way.

  25. Two things. by Raven42rac · · Score: 4, Interesting

    Western Digital is suing them too, so obviously something is up. Full disclosure requires me to say that 6 members of my family work for Seagate. The gist I got from the article is that Cornice is infringing on Seagate's patents relating to 1-inch hard disk drives as one of the seven patents alleged to have been infringed. I know how /.ers feel about software patents, but it is right to extend that attitude to the hardware sector? These aren't ones and zeroes, these are platters and heads. The materials cost actual money, and thousands of actual people depend on those materials to make their living. If it was open season on everything, we would have nothing, we would still be in mud huts using two cups and a string to communicate. If there is no incentive for profit, most companies won't bother to make something. That is capitalism, you take the good with the bad.

    --
    I hate sigs.
    1. Re:Two things. by Anonymous Coward · · Score: 1

      Yes, everyone knows money is the only goal in life.

      *smirk*

      Some people innovate for other reasons- like they have a genuine interest in their field.

      I want communism in America.

    2. Re:Two things. by Anonymous Coward · · Score: 1, Interesting

      And what is so unique about these disks other than the size?
      Surely the first patents on hdd tech have runout by now?

    3. Re:Two things. by Raven42rac · · Score: 2, Insightful

      Ok, I will take the bait. You can't operate a business without money, so if people can just come along and steal your ideas, you're screwed. Some people innovate for genuine interest because they are already independently wealthy and can afford to not make money, the same is not true for corporations, who have shareholders to report to. If you want communism in America, then I guess you don't like eating, or having property, or not being shot/disappeared.

      --
      I hate sigs.
    4. Re:Two things. by Anonymous Coward · · Score: 1, Informative

      Because Seagate and WD haven't invested as much into R&D as you think.

      Cornice make tiny HD which are cheaper per meg compared to flash memory, which means multimedia, pda, phone, camera makers will be buying from the likes of Cornice and not Seagate.

      These are the very markets which are exploding right now but are limited by poor storage capacity.

    5. Re:Two things. by Raven42rac · · Score: 2, Insightful

      It is pretty easy to sell something cheaper when you didn't develop it.

      --
      I hate sigs.
    6. Re:Two things. by Anonymous Coward · · Score: 0

      K yeah lets have communism here, lets look at the conditions in every communist country, the standard of living, etc.

      Now lets look at the USA and our way of doing things, see how much the overall standard of living is better than most everywhere.

      Look at our welfare housing, its bigger than middle income housing in most of europe. Sure its crap and run down, but thats a people issue not a money issue. You can't perpetually keep up a place when the people living there are tearing it apart for God knows what reason, shitting on the floors, and so on.

      If you want communism move to Cuba, N. Korea, Central China, Vietnam... Go see how much you like communism. (And don't pull the crap of saying that isn't communism, it is. It started with the ideas of communism and thats where it got them to, so yes its communism.)

    7. Re:Two things. by Anonymous Coward · · Score: 0

      Your totally wacked, humans invented and innovated for 5900 years without patents. People invent, that is human nature, people also steal that is also human nature. Even if there were no patents people would still invent, the only difference would be that competition would be an order of magnatude more intense since someone could copy what you invented. It would not stifle the truley creative but it would stifle the "I have one invention in me and that is it" crowd. Invention still exists in 3rd world contries that do not do or inforce patent, you just have a whole bunch of cheap but of questionable quality knockoffs (the operative word being cheap). So instead of resting on your patent laurels for years, you must keep innovating to stay competitive.

    8. Re:Two things. by Tony-A · · Score: 1

      You can't operate a business without money, so if people can just come along and steal your ideas, you're screwed. Some people innovate for genuine interest because they are already independently wealthy and can afford to not make money, the same is not true for corporations, who have shareholders to report to.

      Question. Is Seagate making all they money from spam that they could? If not, why not?

      You can't operate a business without money. True.
      So if people can just come along and steal your ideas, you're screwed. Doesn't follow. If they can take the ideas and deprive you of your use of them, then probably so. If your business depends on you being the only one with ideas then it holds. In the world of high fashion, where the ideas matter very much, people can and do "just come along and steal your ideas." I don't think the high-fashion designers are going broke.

      Corporations are responsible to their shareholders. And to their employees and to their customers and to their suppliers and to the comumities in which they operate.

    9. Re:Two things. by niom · · Score: 1

      I know how /.ers feel about software patents, but it is right to extend that attitude to the hardware sector? These aren't ones and zeroes, these are platters and heads. The materials cost actual money, and thousands of actual people depend on those materials to make their living. If it was open season on everything, we would have nothing, we would still be in mud huts using two cups and a string to communicate.

      You've missed the point of most people's opposition to software patents. It's not that software is inexpensive, we all know it can be quite expensive to develop. I'm sure Microsoft expends a lot on their offices.

      It's that patents should be non-trivial enough that duplicating them by chance is very improbable, and software patents are never like that. When patents don't satisfy that condition, they become a tool to stifle innovation and competition for the benefit of companies with deep pockets.

      Nobody denies that the theoretical justification for patents, stimulating invention, is worthy. The problem is precisely that today they're being used very successfully for the opposite purpose.

      --
      -- Repeat with me: "There is no right to profits".
    10. Re:Two things. by JInterest · · Score: 2, Insightful

      If it was open season on everything, we would have nothing, we would still be in mud huts using two cups and a string to communicate. If there is no incentive for profit, most companies won't bother to make something.

      There is absolutely no evidence to support the idea that patents are necessary to innovation, and there never has been. Check the literature, and you will find that inventors usually begin as people interested in solving a particular problem, not capitalists interested in filling their pockets. They come later, and the innovate very little. There's no money in it.

      Patents are a product of the same economic thinking that produced the doctrine of mercantilism. Mercantilism was the loose economic theory that dominated 17th and 18th century Europe, founded on the idea that the wealth of nations. It promoted high tariffs on foreign goods, promotion of local markets, and other doctrines that would now be called "protectionist".

      Adam Smith, of course, poked holes in the thinking behind mercantilism. Those who believe patents are necessary to progress are like those who believe protectionism is necessary to prosperity. It isn't sound thinking. Unfortunately, vested interests with a lot of money and power support patents like they once did the state-supported industries of the mercantilist era.

      Like the mercantlists of an earlier era, those who support extensive patent protections encourage rent-seeking behavior, not risk-taking behavior, the consolidation of wealth, not the creating of wealth.

      So thank you very much, but given that Seagate and Western Digital may be playing the patent card to put down a young and aggressive competitor with a better product, I see no reason to assume that Cornice is the bad guy here. Yes, obviously, something is up. WD and Seagate are afraid of Cornice. On the other hand, a lawsuit is evidence of nothing but that somebody wanted to sue somebody else, whether they have a case or not/P

    11. Re:Two things. by mdfst13 · · Score: 1

      Yes, because communism was such a fountain of innovation.

      It's not the "brilliant idea" that needs patent protection. It's the 999 wrong ideas that one tries before finding the one brilliant idea. This is why patents are necessary for pharmaceutical research. Pharmaceutical research is basically a brute force search (start with compound; check how it interacts with other substances until you find a useful result; test side effects in live subjects). Reverse engineering is relatively easy in comparison. Without patent protection, there would be no new pharmaceuticals. Even a truly dedicated individual could not do the research on one drug in a lifetime without help.

      Outside of pharmaceuticals, patents are less justified. Implementation is a much larger expense and research is smaller. Most patent innovation would still get done, since companies need to implement new features anyway. However, it is possible (albeit arguable) that patent protection is generally useful (i.e. that it produces more innovation and long term sharing in return for the short term limitations that it imposes).

      Software patents are not justified. One, they are always idea patents (as opposed to implementation patents), since the implementation details are protected by copyright (copyright is better than patents from the IP holder's point of view as it lasts longer). Two, implementation costs far outweigh research costs. Three, true reverse engineering is impossible, since the template (the source code) disappears during compilation. At best, someone can duplicate the end functionality (the idea of it).

    12. Re:Two things. by Anonymous Coward · · Score: 0

      Here are the numbers... According to Seagate's annual report for FY03, it spent ~ $670 million/yr on product development. This sounds high enough to me.

  26. Outsourcing , outBuying by Anonymous Coward · · Score: 0

    OutSourcing is created by the ridiculous demand of the US employeee.

    OutBuying is already happening and will only grow do you think Cornice of Longmont will stay in the US when they can easily move there headquarter in Canada ( or elsewhere ) and just forget about those litigation ? The Net allows Etat-Unians to buy from anywhere in the world.

    The Management will make a simple math.

    Can whe win this patent suit , yes or no

    If no whats the cost of moving our company to say Mexico or Canada ... Lower, good where moving there.

    1. Re:Outsourcing , outBuying by Macadamizer · · Score: 1

      Unless Seagate also holds these patents in Canada or Mexico as well...

      The Patent Cooperation Treaty makes it fairly straightforward (although expensive) to file for a patent on an invention in virtually every country where you might need to enforce it, all at once!

      --

      "That's not even wrong..." -- Wolfgang Pauli
  27. very few parts? I think that's an overstatement. by Anonymous Coward · · Score: 1, Interesting

    What they really do is allow you to move parts of the drive controller out of the drive and into the CPU on an embedded device.

    This isn't all that new an idea, it's sort of like a return to a ST-506 interface.

    The company I talked to talked to Cornice a while back. They were clueless. They removed all kinds of functionality, and suggested the users of their technology supply it in software. But did they supply the software? No.

    It might go somewhere, it might not. I don't think the company is much to crow about. And I'd be surprised if they didn't infringe. GS MagicStor infringed on IBM and Seagate's patents when they made a 1" drive, why not Cornice?

  28. The lawyers have finally gone too far... by Anonymous Coward · · Score: 0

    ...when they resort to extorting decorative molding.

  29. Re:very few parts? I think that's an overstatement by WindBourne · · Score: 1

    These folks did Quantum, Maxtor, and Seagate drives and know what is patented and what is not. It could be that managers/attornies know that infringment is occuring, but counting on trading to make it right. But according to the techies, they are not. In this day and age of companies being based on Patents, it is hard to tell.

    BTW, you are correct about the interface. This is a return to simpler times. It is quite probable that we will repeat the tech cycle of this interface leading to a new and cheaper approach. Basically SCSI got intelligent (read expensive), which allowed IDE to be developed. Then IDE got intelligent and renamed to ATA. That allowed cornice to develop and sell theirs.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  30. Order a demo kit from Cornice by Anonymous Coward · · Score: 0

    You can order a demo kit or disk samples from their website.

    http://www.corniceco.com/se_demo/index.html (yeah cut & paste sucks)

    Interesting thing is they say it's not a traditional drive, ie it's a stipped down device more akin to pre IDE drives.

  31. Follow the Employees, Follow the IP by turtleshadow · · Score: 1
    Cornice was founded by a former Maxtor VP, Kevin Magenis. Recently many employees came over from now irrelavent/defunct Dataplay also local Colorado company.


    It would be highly interesting how the courts will sort our all the IP obtained through aquisition of employees, technology, etc.
    Colorado used to be a hot bed of storage technology but somewhere along the lines the 90s saw a consolidation and only the big guys seem to have a chance to play in the field. Surprisingly many of these companies got much of their talent from IBM Boulder refugees or high tech families in the area typically often related to IBM.


    Here is an article from the Boulder paper showing the high tech companies that often get over looked in the area; look at #1,2,4,7, and 12.


    It's amazing that in a world where employees in Japan have the balls to sue former employees for shafting them over huge profits -- that American companies actually think that they can totally own an Idea and not share the wealth with the inventor beyond a simple paycheck.


    Corporations enjoy an overly indulgent privilage of being treated as a person by the law -- companies can NOT come up with an idea of their own -- humans do.


    It will all be tracked down to an employee that came over and used what he/she knew from a former postion or way of doing things. How sad is that for the advancement of science and technology.


    Thank goodness dupont didn't patent the use of beakers and tubes in science experiments.

  32. Bull by fnj · · Score: 0, Troll

    If the patent system was totally abolished, then few companies would bother to innovate.

    BULL. That is what corporate shills would have you think. Are you pleased to have been taken in by them? Ever heard of trade secrets? Hmmmmmmmmmm?

    Patents are EVIL and UNNATURAL. They go against the natural right to use the brain God gave you to create things. They are BRUTISH. I thought of that FIRST, NYAH NYAH. It makes no legal difference whether you copy my patented design, or think of it on your own, independently. Have you given any thought to how EVIL that is?

  33. 7) by muyuubyou · · Score: 1

    7) include tags so morons like parent get it's a joke

    1. Re:7) by Anonymous Coward · · Score: 0

      I'm aware that it's a joke. It's just a very unfunny and cliche one.

  34. It's actually a social malady by Anonymous Coward · · Score: 1, Insightful

    The problem is not patents per se, but the idiocy with which they are granted. The PTO no longer has the intellectual horsepower (let alone the time) to even understand what it is they are patenting. There is a similar problem with the justices that ajudicate these cases. And the juries.

    A jury of my "peers?" Buddy, that's the last thing I ever want. I've seen who the courts think are someone's peers.

    Technology becomes ever more complex and subtle, but the population doesn't know the difference between 'well' and 'good', and worries only about being accepted by the others in their bit of the herd.

    1. Re:It's actually a social malady by vivian · · Score: 1

      The PTO no longer has the intellectual horsepower (let alone the time) to even understand what it is they are patenting.

      Yep. The patent office has been going down hill ever since Einstein left it.

  35. Something smells about all this by haruchai · · Score: 1

    Seagate filed a claim with 6 infringements, Western Digital claims seven. So that a total of thirteen alleged patent violations but not even ONE has been specified.
    Since the 2 companies are patent holders, what could they possibly be afraid of by giving details? I smell a pre-emptive strike - Seagate will not have a 1-inch product for release until late this year and Western Digital isn't yet in this market.
    Let's all reserve judgment until the details are revealed.

    --
    Pain is merely failure leaving the body
  36. FOUND IT - HERE ARE THE SEAGATE PATENTS by haruchai · · Score: 1

    5,452,159;
    5,600,506;
    6,146,754;
    6,324,054;
    6, 455,845 B1;
    5,596,461

    From http://corporate.findlaw.com/scripts/full_dkt.pl?c ourt=ded&dk_num=1%3A2004cv00418

    --
    Pain is merely failure leaving the body
  37. Descriptions and abstracts of 5 of the patents by haruchai · · Score: 3, Informative

    I didn't include 6,455,845 - Ion packet generation for mass spectrometer because it made no sense as to why this was included.

    5,452,159: Magnetic parking device for disk drive
    ( Sep, '95)
    A magnetic parking device for a disk drive includes a magnet and a member for containing the magnetic field produced by the magnet. The magnetic field containing member has an air gap which is substantially parallel to the magnet flux lines of the magnetic field so that there is no fringing of the magnetic field outside of the gap. The device magnetically captures a magnetically permeable capture member provided on the actuator of a disk drive without contacting the capture member and only when the actuator enters the gap in the magnetic field containing member

    5,600,506 - Feb, '97
    Apparatus and method for determining the position of a transducer relative to a disk surface in a disk drive system

    Abstract

    A method and system for generating a position signal indicative of the position of a transducer with reference to a fixed reference point on the surface of a disk within a disk drive system. The system is comprised of two major elements. The first element is a disk divided into sectors and has Z data tracks where each sector includes a preamble area that includes a servo band comprised of 0.75*Z consecutive overlapping quadrature servo patterns and gray scale band comprised of 1.5*Z consecutively addressed gray scale areas that have been recorded across all data tracks. The second element is a position generator that generates the position signal from the relative magnitude of each of the four servo bursts of a quadrature servo pattern of the servo band and the gray scale address of the gray scale area of the gray scale band that is read by a transducer when the transducer reads the preamble of a sector.

    6,146,754 - Nov, 2000
    Substantially isotropic magnetic recording medium comprising a seedlayer

    Abstract

    A high areal density magnetic recording medium exhibiting high Hc, high SNR, high S* and substantially isotropic magnetic properties is achieved by depositing a thin seedlayer before depositing the underlayer. Embodiments include heating the seedlayer under vacuum in the presence of residual oxygen to induce appropriate crystalline orientation and surface morphology for nucleation and growth of the underlayer and magnetic layer having substantially isotropic magnetic properties.

    6,324,054 - Nov, 2001

    Wrap around shock absorber for disc drives

    Abstract

    The shock absorber apparatus for a disc drive is a molded polymeric enclosure adapted to receive and retain a disc drive. One preferred embodiment of the present invention has a shock absorbing material of a first thickness adjacent a critical region of the drive and a second thickness of shock absorbing material adjacent a non-critical region of the disc drive. The first thickness is greater than the second thickness in order to absorb a greater shock load to protect the critical region of the disc drive.

    5,596,461 - Jan, '97
    Space efficient housing configuration for a disk drive #7

    Abstract

    A space efficient disk drive housing is described. The disk drive housing comprises a base member having a top, a bottom, and an outer perimeter having length and end portions of preselected dimensions and a cover element comprising a top surface and side walls depending downwardly from the top surface. The cover element has length and width dimensions corresponding to the dimensions of the length and end portions of the base member so that the cover element can be secured to the base member to form the housing. The cover element is provided with a first raised portion to provide a height dimension within the housing sufficient for topmost portions of a spindle motor and head stack assembly of a disk stack assembly of a disk drive. Remaining portions of the top surface of the cover element providing a continuous, single PCB support surface. A set of support posts is provid

    --
    Pain is merely failure leaving the body
  38. Some of the Seagate patents seem trivial by haruchai · · Score: 1

    See here for patent numbers, descriptions and abstracts:
    http://slashdot.org/comments.pl?sid=11 3350&thresho ld=1&commentsort=0&tid=155&mode=thread&cid=9602755

    Space efficient housing for a disk drive?
    Wraparound shock absorber? What engineer couldn't come up with this?

    --
    Pain is merely failure leaving the body
  39. Patents should require FUNDAMENTAL research by Anonymous Coward · · Score: 0

    Simple..
    Just require that patents require fundamental research. That way fundamental research will still happen and technical inovation will not be stopped from over patenting.
    Greg

  40. Seagate is the suxx0rz. by rice_burners_suck · · Score: 0, Offtopic
    Violating their patents, eh? Seagate drives are pieces of shit anyway. Every time I installed Seagate somewhere, data loss resulted. Garbage. I haven't bought their shit in years.

    Try Western Digital, Maxtor, Quantum, Conner... anything you want... just DON'T buy Seagate.

    Seagate... See the gate on your way out after picking up a check.

  41. MOD PARENT DOWN by scottgfx · · Score: 1

    Just because John Ashcroft said so? Probably not.

    --
    It's mandatory to wash your hands before returning to the land of Dairy Queen.