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Transmeta Sues Intel for Patent Infringement

Cr0w T. Trollbot writes "Today Transmeta filed suit against Intel for patent infringement. From the article: 'The suit [...] alleges that Intel infringed upon ten of Transmeta's patents. The patents cover computer architecture and power efficiency technologies.' Transmeta offered a low-power x86 processor until last year which used Transmeta's vaunted 'code morphing' software."

161 comments

  1. Go figure by nurb432 · · Score: 5, Insightful

    When the chips are down, ( no pun intended ) and your business model is going up in a fireball.. sue someone!

    --
    ---- Booth was a patriot ----
    1. Re:Go figure by /ASCII · · Score: 1

      Yep, they are trying to SCOop up what's left of their investors capital before they go bankrupt.

      --
      Try out fish, the friendly interactive shell.
    2. Re:Go figure by Anonymous Coward · · Score: 0

      New clip on Onion site "Linus testifing against Intel"
      New film about Transmeta "Gone with the silicon"
      New topic on Groklaw "Transmeta as new SCO"
      New action figure at Wall-Mart "Linus Transmeta Torvalds" (with hat made from part of the actual wafer of one of defunct transmeta chip)

    3. Re:Go figure by Iron+Condor · · Score: 1

      Yeah but ... Intel? \

      I actually dearly wish that they win an injunction and Intel won't sell any processors. For a couple months. Halting what amounts to the majority of the global computational hardware infrastructure. "Sorry, we can't fix your computer because of that obscure IT-IP company". They should have the reserves to survive that -- but what do you think is going to happen to Transmeta?

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    4. Re:Go figure by Wesley+Felter · · Score: 1

      Obviously Intel would settle, like they did with AMD and Centaur.

    5. Re:Go figure by Money+for+Nothin' · · Score: 1

      Or, to update an old saying for 21st century corporate America:

      "If you can't beat 'em, sue 'em."

    6. Re:Go figure by !eopard · · Score: 1

      I'd say that Transmeta just wants to get cross-licensing happening with Intel, so that they aren't counter-sued. That's what seems to happen now, Company A sues Company B for infringing patent, Company B counter-sues. Both companies end up cross-licensing the respective technologies.

      --
      Boolean logic: True, False, and File not found.
    7. Re:Go figure by x2A · · Score: 1

      Or to update it even more:

      "sue 'em"

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    8. Re:Go figure by nurb432 · · Score: 1

      Or, more likely in this case:

      Company A is a flyspec on the map and company B just buys them and fires everyone. Problem solved.

      --
      ---- Booth was a patriot ----
    9. Re:Go figure by Tekzel · · Score: 1

      How is this particularly insightful? In THIS case Transmeta actually shipped products using the technology right? While I hate the sue sue sue economy as much as anyone, Transmeta made some product with some good ideas, it didnt quite work out, but at least they tried. If Intel used their ideas they should pay. Its not like Transmeta just patented a bunch of ideas and sat on them like a lot of people do, or worse buy up a bunch and sit on them.

  2. They still exist? by WilliamSChips · · Score: 3, Funny

    I thought that they filed bankruptcy or something.

    --
    Please, for the good of Humanity, vote Obama.
    1. Re:They still exist? by Bing+Tsher+E · · Score: 2, Interesting

      It's kind of ironic that the company vaunted and praised so vigorously for employing Linus now appears to have become a 'Patent portfolio operation.'

    2. Re:They still exist? by spagetti_code · · Score: 1

      I thought that they filed bankruptcy or something.

      Even worse... FTA:


      Last year, Transmeta laid off 67 employees in a restructuring plan aimed to focus more heavily on IP and the phase out its less profitable processors.


      I, for one, welcome our new IP troll overlords.
    3. Re:They still exist? by newt0311 · · Score: 1

      OH GOD. The idiots at transmetta are proving themselves to be the idiots I thought them to be. Back when they came out with the efficon processors, they had a enormous oppotunity and they BLEW IT. They could have realized that their VLIW processor design and code morphing software was a killer for high performance linux clusters (anybody thinking one instruction no lag process scheduler through insane code optimizations, inbuilt encryption, inbuilt network stack? the possibilities are endless). Instead they missed the opportunity to expand their amazing tech go burried in a pile of incompetency. They had the same performance as a 1ghz pentium 4 with 3 watts power usage. With a VLIW processor, all they would have to do was double the number of instruction pipelines and mod the codemorph software a little. oh, not enough, well, do it again... and again... and again. idiots.

    4. Re:They still exist? by DeadChobi · · Score: 1

      Did you say 3 watts? Could we put that in a notebook PC?

      --
      SRSLY.
    5. Re:They still exist? by moro_666 · · Score: 1

      They transmeta laptops are out there for quite a while already and very energy efficient. Now you need to invent something that takes less energy to spin the dvd drive and to lit up your screen.

        I wish transmeta would be affordable, right now they are just far too expensive compared to via or amd geode, and all of these listed chips have extremely low power requirements. They are ideal for non performance laptops, pvr's, file storage servers. Less heat, less noise, less chances of the machine burning down.

      --

      I'd tell you the chances of this story being a dupe, but you wouldn't like it.
    6. Re:They still exist? by default+luser · · Score: 1

      They had the same performance as a 1ghz pentium 4 with 3 watts power usage.

      No, they didn't. Advertised power envelope for the Efficeon at 1GHz was 5w.

      They also had trouble meeting that 5w spec, as Van's Hardware made painfully clear. The processor throttled down to 533 MHz under load, even though the real parts were advertised as running at 833 MHz or 1GHz without need for active cooling. The fact of the matter was, the processor used a LOT more than 5w under full load...and when cooling wasn't available to handle that heat, it throttled to maintain that 5w celing.

      But this was late in the lifetime of Transmetta "the CPU manufacturer," and they were in dire need of sales. Had they been unable to hit those power numbers, they would have sold zero product. Banias LV, by that time, was seriously challenging Transmetta's hold on the low-power market, and could run circles around anything Transmetta could deliver.

      Another thing to note: the Efficeon couldn't match the performance of a Pentium 4 1 GHz. No, it's more like a Pentium 4 CELERON 128k 1GHz. The Pentium 4, with 512k or 1MB L2 cache, is about %30 faster clock-for-clock than a Celeron 128k.

      It was a nice idea...code morphing + VLIW processor sounded so cool, and Crusoe practially introduced the idea of low-power design to the industry. But the fact is the implementation ate cache for breakfast (and more cache means MUCH more die area and power consumption), and the performance just wasn't there even with the increased cache. Now that the low-power design concepts have been adopted by the entire x86 industry, Transmetta is no-longer important.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

  3. Sigh... by pete6677 · · Score: 4, Interesting

    Is anyone else getting a little sick of these patent infringment stories? Its now common knowledge that you can't build anything in the United States without some IP leech suing you, so is this really even a big deal anymore? We all know the eventual result of this: either more products will be invented in other countries or the only things that will be made in the U.S. anymore will be by companies that have a large legal budget, which I'm sure Intel does. Stories like this will become small insignificant news.

    1. Re:Sigh... by TechForensics · · Score: 1
      That is shockingly cynical.

      It is also right on the money.

      --
      Those are my principles, and if you don't like them... well, I have others.
    2. Re:Sigh... by Purdah · · Score: 1

      This is news due to someone who has made a name for himself (Linux Torvalds) on OSS (as in GNU free not beer) having (or is it had, I cant remember if he has quit) an association with a company that is now follwoing the tactics of many other companies that are completely opposed to freedoms in IP (mainly **AA types, but others such as SCO .... the list seems to be growing daily as this artive points out).

    3. Re:Sigh... by monteneg · · Score: 1
      more products will be invented in other countries

      The US is by far the largest market for almost everything, and if you want to sell here then you're going to have to follow our (ridiculous) patent laws. Hence there's little reason for our patent laws to push businesses overseas, unless said companies do not intend to sell in the US. In fact, I have the impression that juries hate "evil foreign companies" even more than they hate "evil American companies", so non-US companies might be hit even harder than American ones.

    4. Re:Sigh... by uvajed_ekil · · Score: 1
      Is anyone else getting a little sick of these patent infringment stories? Its now common knowledge that you can't build anything in the United States without some IP leech suing you, so is this really even a big deal anymore?

      Yes, it seems like patent-infringement lawsuits are all the rage right now, and the patent trolls are abusing the system. However, it will be interesting to see how this one shakes out. The "little guy" like Transmeta (relatively speaking) needs the protection that patents afford. I won't claim to understand all the specifics of this fight, but maybe they wouldn't have to lay-off most of their staff and grasp at straws if Intel hadn't stolen their technology? Obviously Intel would have done fine without it, but this seems like a case of a smaller, niche-market company getting completely steamrolled.

      If Transmeta was already struggling (they were), surely Intel could have bought license to their technology for a very reasonable and affordable price and avoided this whole situation. I'm not particularly a fan of any chip maker, I've never owned Transmeta products or stock, and I've been happy with some of the Intel products I've used; I just want something cheap that works. The point is that our current laws protect innovators, and if Intel did in fact steal technology, they should be punished, and whether our laws need to be revised is another topic.

      --
      This is a hacked account, for which the owner can not be held responsible.
    5. Re:Sigh... by Khyber · · Score: 1

      Guess you never checked their patent portfolio. Quite a bit of their shit comes from before the USPTO got seriously broken. They may actually have a legitmiate case, since some of their still-patent-granted technology is just now coming into play in the market through other US competitors. Unless Intel bought/licensed this stuff, they've got a pretty legitimate case. IINAPL, as a disclaimer.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Sigh... by orasio · · Score: 2, Insightful

      The issue is patents.

      The guys a Transmeta are doing the best use of patents I can think of.

      They failed at developing a product, for more than just technological reasons, and now they want to get paid for stuff they invented and other people supposedly implemented.

      That is how patents are supposed to work, there is no failure.

      The problem is that patents as a whole, even when they do what they are supposed to do, and nobody abuses the system, just don't work well for the community.

      It's would be great that Transmeta got paid for what they developed, but if they are succesful in this, everybody else loses.
      Chip companies will have more legal work regarding patents, and that is less money for R&D. Lots of paths of development will be closed by other companies patents, so innovation actually happens more slowly.

      For me, the problem is that some people think that patents are granted, because somehow the "inventor" deserves to get paid for what he developed. That is something like a subsidy to inventors. You invent something, and the government gives you a monopoly on whatever you invented. In the old days, it was a great deal for everybody. A player invented something, and only 14/20 years later, all the industry was that one step ahead. Usually, new technologies took more than that time to develop, so all the competitors went faster due to this.

      Right now, it just doesn't work, because companies achieve the same breakthroughs with years of difference, and when you get a patent on something, you don't advance the knowledge in that area, you just slow it, for 20 years.

    7. Re:Sigh... by evilviper · · Score: 1
      Its now common knowledge that you can't build anything in the United States without some IP leech suing you, so is this really even a big deal anymore? We all know the eventual result of this: either more products will be invented in other countries

      So wrong it's not funny...

      It doesn't matter where you MAKE it, what matters is where you SELL it. If you are going to sell to the USA (the single biggest market in the world) then you have to follow US patent laws.

      Make it in on MARS if you want, but you'll still be sued in the USA as soon as you start selling.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  4. Hail Mary Play by Anonymous Coward · · Score: 0
    And now Intel will countersue, claiming that TransMeta infringes on $SOME_LARGE_NUMBER of Intel patents. That's how things work in the IP patent world. And Intel will win, if not in the courts, then because it has probably 1000 times the money available to prosecute the case.


    This is a last ditch effort by TransMeta. They've been losing money for many fiscal quarters now and I guess SCO-like tactics are all that's left.

    1. Re:Hail Mary Play by ergo98 · · Score: 2, Interesting
      And Intel will win, if not in the courts, then because it has probably 1000 times the money available to prosecute the case.

      See the NTP/RIM case -- Transmeta can get a sympathetic judge to grant an injunction while they intentionally drag out the case, possibly forcing the prospect of Intel having to stop all processor sales until the case is settled. Intel will of course cave and just buy the "patents" to eliminate this business risk.

      And that is why it's pretty much the opposite of your contention in some cases -- it isn't how much you have to use to fight, but how much you have to lose even if you might eventually win.
    2. Re:Hail Mary Play by Technician · · Score: 1

      See the NTP/RIM case -- Transmeta can get a sympathetic judge to grant an injunction while they intentionally drag out the case, possibly forcing the prospect of Intel having to stop all processor sales until the case is settled. Intel will of course cave and just buy the "patents" to eliminate this business risk.


      I'm sure in the process Intel will countersue due to the patents in Transmeta's products. In the end it may turn into a cross lisence deal.

      --
      The truth shall set you free!
  5. Nothing to see here, move along... by Anonymous Coward · · Score: 2, Insightful

    Transmeta has alleged this before, as have other companies. It's nearly unavoidable in the technology business that your invention will have something in common with theirs. It all comes down to a lot highly paid patent lawyers and engineers showing diagrams in court and vouching for when they designed what, if it even makes it into court.

    Most likely outcome: settlement involving a small amount of money and a cross-licensing agreement. No judge in their right mind would grant an injunction against shipping the majority of the world's processors, no matter what the infringement.

    1. Re:Nothing to see here, move along... by Amouth · · Score: 2, Insightful

      to be fair.. why don't they go after AMD too.. why not . more money right?

      the only thing i can think is that if i remember right.. Intel owns the ARM .. which does have alot in comon when Transmeta.. but something else makes me think they they had something todo with that..

      or i am wrong.. not sure

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    2. Re:Nothing to see here, move along... by Anonymous Coward · · Score: 1, Informative

      Intel got StrongARM from Digital a long time ago, and then developed the XScale, and then sold it off earlier this year to Marvell.

      However ARM are the primary company, and they're an independent company based in Cambridge, UK, and this is the company that every one of the dozens of ARM licensees buys ARM core designs off of.

    3. Re:Nothing to see here, move along... by Iron+Condor · · Score: 1

      ...and remember: all you have to do is find one expert who testifies that the idea sure would have been obvious to him at the time. Or find one mention of a sufficiently similar idea in the proceedings of some sufficiently obscure conference in Poland. 99% of patents can be busted if you throw enough money at it, and many large companies would rather spend $100k on busting your patent than $10k on on licensing it...

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    4. Re:Nothing to see here, move along... by Shadow99_1 · · Score: 4, Informative

      They didn't go after (& won't go after) AMD because they've had a very long standing cross-patent agreement with them going back to the original transmeta product launch...

      Doesn't make much sense to go after a business partner...

      --
      we are all invisible unless we choose otherwise
    5. Re:Nothing to see here, move along... by mr_matticus · · Score: 1

      "No judge in their right mind would grant an injunction against shipping the majority of the world's processors, no matter what the infringement."

      So Intel should be immune from lawsuits and not held to legal standards because it is a major supplier? Sounds like a load of crap to me. If an injunction is the precedent for infraction x committed by companies A and B, then company C should suffer the same fate, even if it's 25 times the size of A and B, when it commits infraction x. Companies that are essential to societal infrastructure should be granted due consideration, but they should not be exempt from final punishment simply because they're big and important. An injunction here would, in all likelihood, simply apply to pending products, not to currently shipping products--for those, there would likely be an amount paid in damages per unit sold, since you can't very well recall computers.

      This all assumes the suit goes badly for Intel. In this case, that outcome is unlikely.

    6. Re:Nothing to see here, move along... by Schraegstrichpunkt · · Score: 1

      Are you talking about a permanent injunction, or are you talking about a preliminary injunction?

    7. Re:Nothing to see here, move along... by mr_matticus · · Score: 1

      Preliminary.

    8. Re:Nothing to see here, move along... by Anonymous Coward · · Score: 0

      I suspect Transmeta is going for a buyout. Seems like the best deal for them. They really hated Intel at one point, so perhaps it seems like a good idea to force them into buying a bunch of IP for something they can already do anyway as a last stab at the evil enemy?

  6. I used to think they were cool... by posterlogo · · Score: 5, Interesting
    ...but now, they just seem like patent trolls.


    FTA: "The complaint charges that Intel has infringed and is infringing Transmeta's patents by making and selling a variety of microprocessor products, including at least Intel's Pentium III, Pentium 4, Pentium M, Core and Core 2 product lines."

    They sure are going back a long ways...

    FTA: "Last year, Transmeta laid off 67 employees in a restructuring plan aimed to focus more heavily on IP and the phase out its less profitable processors."

    So they went out of the business of actually making anything (presumably because their products were not competitive in the market place), so NOW they turn to their IP to make any money. I really don't know if they've got a valid case or not, but they certainly seem to be trolling.

    1. Re:I used to think they were cool... by imboboage0 · · Score: 1, Interesting

      Pentium III? IANAL, but isn't this defined as failing to defend your patent in the first place?

      --
      Honesty may be the best policy, but by process of elimination, dishonesty is the second best policy.
    2. Re:I used to think they were cool... by geekoid · · Score: 1

      Just because a business is going out, doesn't mean they lose patent protection.

      If you invent something and can't market it, but someone else does so, you have grounds for suit.

      It's not like they just filed patent hoping someone else would build it, which is a clear abuse of the patent intent.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:I used to think they were cool... by Creepy+Crawler · · Score: 4, Informative

      Trademarks fade if you do not agressively pursue violators (like how you search google for something, not "google for something").

      Patents last the term and do not fade in that way. They are full effect for 20 years.

      Copyrights fade 70+ years after you die (and getting longer...).

      --
    4. Re:I used to think they were cool... by 644bd346996 · · Score: 1

      >Pentium III? IANAL, but isn't this defined as failing to defend your patent in the first place?

      Patents, unlike trademarks, do not go stale if you do not defend them. Hence the term "submarine patent."

    5. Re:I used to think they were cool... by tomstdenis · · Score: 2, Informative

      Damages change with the circumstances. If you can't prove they knowingly violated your patents sometimes all you can win is an injuction and court costs.

      Usually for smaller companies patent issues never even get into courts, e.g.

      IP company: Stop using our IP
      Victim: Okies.

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:I used to think they were cool... by TheRaven64 · · Score: 5, Interesting
      Focussing on IP is not necessarily a bad thing for a semiconductor company. ARM did it in the '90s. Building fabs is expensive. There is a huge market for cores that can be modified slightly and then fab'd as ASICs. A lot of mobile 'phones have an ARM9 core, for example. This is a design licensed from ARM, modified by someone else (e.g. TI, who add DSPs and some other things to the die) and then fab'd. It's cheaper to buy a general-purpose core from ARM than to design your own, especially since you can then guarantee it is ARM-compatible (and hence has compilers available for it).

      I don't know how long this business model will survive things like OpenCores - it's even cheaper to download the HDL for a chip for free than buy it - but they may well be successful for a while.

      --
      I am TheRaven on Soylent News
    7. Re:I used to think they were cool... by MikeBabcock · · Score: 2, Insightful

      How would you feel if you invented a high-efficiency engine design, failed to market it to any of the major auto-makers and as you were going bankrupt, Ford started producing something very similar and selling it without giving you credit?

      This has happened many times in history and the 'Ford's in those cases have had to either pay up to the inventor or had really good lawyers.

      That's what patents are for. Why don't you go file a few of your own instead of being pissed for no reason?

      --
      - Michael T. Babcock (Yes, I blog)
    8. Re:I used to think they were cool... by Christian+Smith · · Score: 2, Informative

      Damages change with the circumstances. If you can't prove they knowingly violated your patents sometimes all you can win is an injuction and court costs.


      An injuction, which would stop Intel selling their current processors. They would also have to negotiate a license for the past processors that violate the patent, which would result in considerable back pay.

      As Intel would never consider stopping selling their processors, they are most likely to license the patent from Transmeta, which is much $$ for the volumes Intel shift.

      The wilful aspect of infringing patents only affects the ability to award punitive damages. No wilful infringement, no punitive damages, but the license fee will still be there.
    9. Re:I used to think they were cool... by networkBoy · · Score: 1

      I think in this case they are praying that it does not go to trial, they are looking at something deeply embedded in the CPUs (my assumption based on going back to PIII, and inclusive of P4 and PM, all different). They are simply hoping Intel will open the checkbook and ask: How Much?

      My money is on Intel on this one. I bet they can show Prior Art*, even if not patented, which would basically guarentee them the ability to continue using the IP witout royalty.
      -nB

      * Or they will be able to show a logical and "obvious" progression in design, end result remains.

      --
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    10. Re:I used to think they were cool... by tomstdenis · · Score: 1

      Oh yeah, definitely for the license bit.

      Bah, patents give Morbo gas.

      Tom

      --
      Someday, I'll have a real sig.
    11. Re:I used to think they were cool... by Spit · · Score: 1

      How would you feel if you invented a high-efficiency engine design, failed to market it to any of the major auto-makers and as you were going bankrupt, Ford started producing something very similar and selling it without giving you credit?

      Amen to that. Transmeta's products were niche low-power devices at a time when CPUs were using increasingly large amounts of power, and they were squeezed out just when they were starting to gain a foothold by Intel's low-power products. Now that Apple is onboard, Intel owns the low-power market.

      Even though I don't support "IP companies", Transmeta has a right to be sore if their patents were infringed. Intel's chips are good, but the Crusoe offered a realistic avenue to eventually escape the x86 API.

      --
      POKE 36879,8
    12. Re:I used to think they were cool... by Anonymous Coward · · Score: 0

      like how you search google for something, not "google for something" is there anyone who uses google as a verb but not as there search engine? sounds sorta retarded

    13. Re:I used to think they were cool... by posterlogo · · Score: 1

      This is true in some cases, but look a little deeper into THIS case. Transmeta is sueing based even on very old Intel technology. It is difficult to see how they could prove that Intel stole thier IP. I'm not really pissed for no reason, I used to own a Crusoe based device, and your ridiculous rhetorical question does not foster intellectual discourse here ("Why don't you go file a few of your own instead of being pissed for no reason?").

    14. Re:I used to think they were cool... by back_pages · · Score: 1
      Patents last the term and do not fade in that way. They are full effect for 20 years.

      Only if you pay the maintenance fees. I don't have the number at hand but something like 60% of all patents expire after 6 years, when the first maintenance fees are due. If it's not close to 60%, it's still a surprisingly large portion.

    15. Re:I used to think they were cool... by back_pages · · Score: 1

      Eh it's poor taste to reply to yourself, but I did a teensy bit more research. It's actually 3.5 years till the first maintenance fees, and I can't find the statistic of what portion expires at the first fee date. Managing the fees of issued patents isn't my bread and butter.

    16. Re:I used to think they were cool... by Wesley+Felter · · Score: 1

      There's a big different IMO between voluntary IP licensing and patent trolling. Although at least Transmeta isn't threatening any graduate students.

    17. Re:I used to think they were cool... by topham · · Score: 1


      It's the new business plan; use your employees to build up your IP portfolio, toss them and then make money from the IP.

    18. Re:I used to think they were cool... by Free_Meson · · Score: 1
      Damages change with the circumstances. If you can't prove they knowingly violated your patents sometimes all you can win is an injuction and court costs.

      Knowledge is an element in whether or not the infringement was willful. If a court finds an infringement willful, damages can be trebled. Otherwise, knowledge that a competitor has a patent over a technology is irrelevant (though independent invention is useful if you want to argue obviousness). It's your responsibility as a business to avoid infringing upon the technology of others because, in theory, the patent serves both to communicate new, useful, and nonobvious technologies and to clearly mark the boundaries of the claimed invention. Theory and practice have diverged significantly in this aspect of patent law.

      If Transmeta wins a case like this, it can be awarded actual damages. If Transmeta can attribute the failure of its business to Intel infringing on their patents and undercutting their prices, this could be substantial. Alternatively, Transmeta could ask for a reasonable royalty on past sales. These damages are in addition to a permanent injunction against infringement for the life of the patent. (Damages to make whole for past infringement, injunction to prevent future infringement).
    19. Re:I used to think they were cool... by John+Whitley · · Score: 1

      "Focusing on IP" has nothing to do with being a fabless chip manufacturer. Transmeta never had a fab line they owned in the first place. ARM, for example, produces a fine line of embedded procesor products, but owns no fabrication facilities. Most chip makers are actually fabless, because so few companies have the massive capital and/or economies of scale required to build and maintain modern fabrication facilities. Everyone else just rents facility time from companies with fabs.

    20. Re:I used to think they were cool... by jasonditz · · Score: 1

      New? There have been companies who were exclusively in the business of research for a long time.

    21. Re:I used to think they were cool... by Anonymous Coward · · Score: 0

      in just how many ways can you reduce power ???

      most practical techniques involve running at a lower freq / cutting(gating) off the power supply / using it at a lower vdd / use transistors with lower leakage currents or a combination of the above.......

      almost everyone working on low power would end up using the same basic principles in various ways .. does not mean that one has stolen others work... this kind of possible infringement (which came from legit independent research)
      should not be penalized...

    22. Re:I used to think they were cool... by Anonymous Coward · · Score: 0

      in just how many ways can you reduce power ???

      The techniques you mention are indeed ways of saving power at the gate level, but there are other options: clock gating (vs. power gating) is one option; redesigning to use fewer gates (perhaps at the expense of speed) can reduce overall power; redesigning so each gate's inputs have fewer transitions is another option. In terms of future tech there are various things on the horizon - such as having additional power lines, so instead of charging a gate's capacitive input to 5v then discharging it to 0v, you have a 2.5v line, so you charge it to from 0v to 2.5v then from 2.5v to 5v, and discharge it from 5v to 2.5v, then from 2.5v to 0v - recycling power, almost.

    23. Re:I used to think they were cool... by radtea · · Score: 1

      So they went out of the business of actually making anything (presumably because their products were not competitive in the market place), so NOW they turn to their IP to make any money. I really don't know if they've got a valid case or not, but they certainly seem to be trolling.

      We know that "the marketplace" is frequently an impediment to new and better technology, with entrenched players having the ability to resist new entrants in a variety of ways. So-called predatory pricing and outright theft of technology are two favourites in the high-tech world.

      Free-market abstractionists argue that predatory pricing "in the long run" is infeasible, because any company that practices it will eventually go broke and the consumer is better off in any case for getting inferior technology at below cost. This position completely ignores the realities of time-scales and capital burn, which allow existing players with deep pockets to price specific competitors into oblivion, and then implement their technology with little risk of being sued because patent suits cost millions.

      So this appears to be a case of "the market" (or rather, this particular market, defined as it is by real, concrete existing laws rather than abstract fantasies) working as designed. TransMeta had a superior technology. This market was incapable of taking advantage of it, and now they are behaving like good little capitalists and finding investors who are willing to take a risk on the outcome of a very expensive, time-consuming lawsuit. That is the mechanism that this market provides for redressing some of the other problems that this market has.

      Like any other machine designed by humans to fulfill human needs, different markets will have different trade-offs in their design. Existing IP laws are a hack to fix other issues that this market has, and what TransMeta is doing is a perfectly legitimate business move within the context of this market.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    24. Re:I used to think they were cool... by TemporalBeing · · Score: 1
      Trademarks fade if you do not agressively pursue violators (like how you search google for something, not "google for something").
      Patents last the term and do not fade in that way. They are full effect for 20 years.
      Copyrights fade 70+ years after you die (and getting longer...).
      While IANAL, if you do not fight to protect your patent than at least in the US you will lose it (or at least the right to enforce it) - and it goes to the public domain and you don't get a dime more. Same goes with Copyright and Trademarks. I think you have a 5 year window to file in though.
      again, disclaimer - IANAL
      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
  7. now just another sleezy IP company eh by hurfy · · Score: 3, Insightful

    "including at least Intel's Pentium III, Pentium 4, Pentium M, Core and Core 2 product lines."

    So, when was Pentium 3?

    They waited until they were no longer in the market to sue so they cant be counter sued as effectively. Surely they must have done something they could be sued for, go get them anyway. This just smells funny. If your IP is so great why couldn't they make salable product out of it?

    I think these IP lawsuits work like games...the one crying cheater loudest is probably the guilty one ;)

    1. Re:now just another sleezy IP company eh by TheSpoom · · Score: 4, Insightful

      This is why business logic patents either shouldn't last nearly as long, especially technological patents, or (preferably) shouldn't exist at all. I don't remember Transmeta doing anything to advance the useful arts and sciences using these technologies, yet Intel has done so and made quite a bit of money in the meantime.

      Competition drives technology forward.
      Patents effectively outlaw competition.
      Therefore, patents kill the need for the company holding the patent to advance their own technology any further.

      The only reason these sorts of patents still exist are because some very powerful corporations can effectively stunt the market using them; by default nobody can compete on the same playing field since to do so they would have to have licenses to use the technologies in question, and companies like Intel and IBM own literally thousands of patents on just about everything. So they license their patent libraries among themselves, forming a sort of corporate clique in which outsiders are persona non grata.

      Maybe once enough of these patents bite companies like Intel in the ass, things will change. Unfortunately I think it'll take a while for that to happen.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    2. Re:now just another sleezy IP company eh by Anonymous Coward · · Score: 0

      So, when was Pentium 3?

      2001. Transmeta are trolls. No wonder Linus left.

    3. Re:now just another sleezy IP company eh by MikeBabcock · · Score: 4, Interesting

      Then surely you don't remember very well. Before AMD and now Intel started pushing low-power CPUs, Transmeta was there with the concept. Transmeta was at the forefront of Intel-compatible low-power CPUs with dynamic power profiles dependant on usage.

      It was well vaunted at their launch that a laptop running a DVD wouldn't last as long on battery as if it were doing word processing.

      The fact they didn't catch on isn't relevant to what they contributed to the industry itself.

      --
      - Michael T. Babcock (Yes, I blog)
    4. Re:now just another sleezy IP company eh by RAMMS+EIN · · Score: 1

      ``If your IP is so great why couldn't they make salable product out of it?''

      Maybe it has something to do with fear of wet feet (Transmeta? Never heard of. I'll stick with Intel)? Maybe Intel and AMD had contracts with computer manufacturers that prevented these manufacturers from incorporating Transmeta CPUs? Or maybe people simply didn't care for the product.

      None of these imply that their IP wasn't good, though.

      --
      Please correct me if I got my facts wrong.
    5. Re:now just another sleezy IP company eh by Anonymous Coward · · Score: 0

      If your IP is so great why couldn't they make salable product out of it?

      betamax was technically superior to vhs in every way yet look which one took off. technology and IP has absolutely nothing to do with what product sells.

      intel routinely spends more on its marketing budget in a year than transmeta has ever spent in total in cash in a year. guess whos gonna sell more?

    6. Re:now just another sleezy IP company eh by TheSpoom · · Score: 1

      And if Intel and AMD did not also create low-power CPUs and Transmeta indeed had a fully enforced monopoly on their patented technology, what reason would they have to innovate at all during the lifetime of their patents?

      The only reason this lawsuit exists is because Transmeta sees these flawed patent laws as an easy way to make a quick buck.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    7. Re:now just another sleezy IP company eh by drsmithy · · Score: 1

      So, when was Pentium 3?

      The first Pentium 3 was released to market in 1999.

      However, the Pentium 3 was little more than a warmed over Pentium 2. The Pentium 2 first hit in 1997.

      However, the Pentium 2 was little more than a warmed over Pentium Pro. The Pentium Pro was first available in 1995.

    8. Re:now just another sleezy IP company eh by evilviper · · Score: 1
      They waited until they were no longer in the market to sue so they cant be counter sued as effectively.

      The article claims negotiations broke down. No idea how long they have been going on, but it well could have started when they were still making CPUs.

      If your IP is so great why couldn't they make salable product out of it?

      Well the obvious assumption is that Intel used the same "great" patented tech illegally, thereby not only removing their advantage, but also leaving them with the bill for developing it in the first place.

      In all fairness, Intel has actually been guilty of repeated patent infringement in the past. I have no idea about the merits of this case, however.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    9. Re:now just another sleezy IP company eh by MikeBabcock · · Score: 1

      You (and a number of other people) don't seem to understand patents. A patent doesn't stop anyone else from using your invention if you're willing to license it to them, and its quite probably Transmeta would have done so (did you look at how many millions of dollars they already make from licensing to Texas Instruments, et al.?).

      Intel and AMD for example have huge patent portfolios that they have sued each other over and often come down to "you can use mine if I can use yours" types of resolutions. Transmeta has nowhere near this many patents in its pocket, but when Intel wants to use its technology, they should very well be calling and asking 'how much' not just stealing it.

      Welcome to the world of invention over the last 100+ years.

      --
      - Michael T. Babcock (Yes, I blog)
  8. the davinci code by User+956 · · Score: 3, Funny

    Transmeta offered a low-power x86 processor until last year which used Transmeta's vaunted 'code morphing' software.

    Quick, someone use this "code morphing" software on the mona lisa so we can find the Holy Grail!

    --
    The theory of relativity doesn't work right in Arkansas.
  9. anyone think the case might actually have merit? by Chirs · · Score: 1, Insightful


    It seems like everyone so far is poo-pooing the lawsuit.

    Has anyone considered that it might actually be possible that Transmeta really does have valid patents, and Intel really might be infringing them?

  10. Re:anyone think the case might actually have merit by Amouth · · Score: 1

    it is posiable but.. if they are refrencing the P3 which was out along time ago.. and well not any more.. then they didn't bother to protect their patent.. now if it is a diffrent set for the Core cpu's then fine but don't bring up stuff that they didn't bother with.

    --
    '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  11. Looks like someone was paying attention by SpaceLifeForm · · Score: 2, Informative
    Link.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  12. I wonder ... by guysmilee · · Score: 5, Interesting

    As a developer when i see a company do this ... I seriously quetion if I can refuse to participate in my companies work in pursuing patents for my work ... b/c if the company was to ever collapse (not being a business person) I could be crippling my own future at other employers ... imagine switching jobs and being your new company being sued by a "defunct" company you used to work for ...

    1. Re:I wonder ... by dfghjk · · Score: 1

      you can quit.

      the good news would be that your new company would be an attractive enough target to sue.

    2. Re:I wonder ... by nonsequitor · · Score: 1

      Part of what makes you an asset is the ability to create new intellectual property. The fact you contributed to many innovative patents at your last job is a credit to your ability, not a litigation liability. Unless you've been hired to do exactly what you did at your last job for the new job, at which point your typecasting yourself in my opinion. Best to keep yourself flexible by always doing new things, and doing them well. Variety is the spice of life, which is why I like consulting.

  13. Re:Go figure - too clever by From+A+Far+Away+Land · · Score: 4, Interesting

    It's too clever a saying for me to have been the first to have thought of it, so I probably just heard it before.

    Those who can, do. Those who can't, sue.

  14. Re:anyone think the case might actually have merit by Vengeance · · Score: 2, Interesting

    Transmeta has a rather extensive patent portfolio, with many new ones granted this year.

    In addition, they've got a fair number of engineers working at both Sony and Microsoft, and an Efficeon CPU (with AMD branding) is the only certified processor for the FlexGo program.

    The history is that Transmeta has brought out some innovative low-power CPUs, but never seemed to gain any market traction at all.

    Yes, I think this case might just well have real merit.

    --
    It was a joke! When you give me that look it was a joke.
  15. Intel = Deep Pockets by StateOfTheUnion · · Score: 3, Interesting
    Guess Transmeta is going after the biggest guy with the deepest pockets . . . seems a little hard to believe that AMD wouldn't be doing something similar to what Intel is doing (that Transmeta claims in infringing).

    If Transmeta scores a win against Intel, then maybe that could lead to licensing agreements with others that may be afraid that they would also lose in litigation. In the meantime, this is one time where AMD may be thankful that they don't have the largest marketshare and the deepest pockets in the CPU industry.

    1. Re:Intel = Deep Pockets by SirKron · · Score: 1

      Yes, they dumped their expenses (payroll) and launched a new product (lawsuit) with a huge payoff potential.

      Sounds like someone needs to pay off some investors.

      Hint: don't buy their stock, it will be dumped.

    2. Re:Intel = Deep Pockets by Jeff+DeMaagd · · Score: 1

      I wonder when the companies with the deep pockets would make an example of a troll by simply dragging out the case so long that the troll shrivels up. If you pay them off, then you may just be encouraging other trolls to try the same thing. IBM is the only one I can think of that is doing it this way. Unfortunately, either way, the lawyers are getting their money, but paying them off with a settlement every time seems to be encouraging this sort of thing.

    3. Re:Intel = Deep Pockets by nuzak · · Score: 1

      > seems a little hard to believe that AMD wouldn't be doing something similar to what Intel is doing

      AMD sells Transmeta's Efficeon chips, Transmeta licenses Hypertransport and x86_64 from AMD. They have no such coziness with Intel.

      --
      Done with slashdot, done with nerds, getting a life.
    4. Re:Intel = Deep Pockets by drjones78 · · Score: 1

      Well, it would be well deserved if they won. Transmeta, was just shy of being destroyed by Intel, using tactics that could easily be considered monopolistic practices. The bitch of it is, transmeta had a better product. The technology was really amazing. Everytime transmeta was about to land a big deal, Intel swoops in with massive kickbacks.

      But luckily for Intel, theyve spoonfed AMD over the years to be their one competitor, so if any antitrust litigation is thrown their way, they can point to AMD as an example of competition.

      Any new start-ups in the CPU market, like transmeta are doomed from the beginning.

  16. Re:anyone think the case might actually have merit by rgmoore · · Score: 1
    Has anyone considered that it might actually be possible that Transmeta really does have valid patents, and Intel really might be infringing them?

    Oh, come on. Next you'll be suggesting that Intel's patent violations might have had something to do with Transmeta's financial problems, as if patents were actually supposed to protect the little guy from having his inventions stolen by better funded competitors. You obviously need to be reminded of proper Slashdot grouptink. Remember: all patents are evil, and only patent trolls try to enforce them.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  17. They also could have a hard time with the timing by Sycraft-fu · · Score: 1

    While Transmeta did form in 1997, it wasn't until 1999 (when the P3 was already a reality) that they said anything at all and it wasn't until 2000 that they announced anything.

    To me it just looks like pure greed, same as BeOS and MS. Come up with an idea, fail to think idea all the way through, fail at the market, blame someone else, sue them.

  18. Re:anyone think the case might actually have merit by TheRaven64 · · Score: 1
    Other people have claimed that the P3 is old and so they must have been using a submarine patent strategy, but it seems equally likely that, now they are focussing more on developing specific technologies for licensing than full CPU designs, they had a meeting with Intel that went something like this:


    Transmeta: Hey, want to license this power management technology?
    Intel: Maybe, how does it work?
    TM: Like this.
    Intel: Oh, we've already got something like that...
    TM: Umm... but we patented it ages ago.
    Intel: Fine. Sue us.

    Without knowing the specifics of the patent, I can't judge one way or another.

    --
    I am TheRaven on Soylent News
  19. You said it by BeeBeard · · Score: 3, Insightful

    From the article:

    "Last year, Transmeta laid off 67 employees in a restructuring plan aimed to focus more heavily on IP and the phase out its less profitable processors." (emphasis added)

    Patent portfolio operation?!? Whatever do you mean?? ;-)

    1. Re:You said it by cerelib · · Score: 5, Informative

      Transmeta wanted to do something new. They did serious research to develop a different kind of product, but they were never able to find enough business. The market was not ready for what they were selling and they did not have the power to make it into something amazing. What they are left with is patents on research that they funded. Just because they do not have the ability to compete in the market right now does not mean they should have to give up all of their work. If you invented something, but didn't have the capital or even motivation to sell it, would you be okay with everyone else being able to make money from your invention? I have not investigated Transmeta's claims, but low-power chips were their whole business and that seems to be what Intel is killing for now. This leads me to believe that they might actually have a case. On the surface, this seems like a completely appropriate use of the patent system.

    2. Re:You said it by arivanov · · Score: 1

      Ahem, the power savings tech which Intel is now showing and purporting to come from unauthorised "Intel Israel skunkworks" rings a bit hollow to me. You can get a feature or two out of skunkworks, but not an entire CPU that breaks away from every single Intel x86 design tradition. In addition to that if the design center in Israel was so successfull why the f*** is intel pumping new money into its Indian disaster.

      One portion of the organisation delivers the most amazing CPU Intel has done since the 8086 while the other f*** up its projects, lies about achievements, fakes expenses and engages in blanket expenses fraud. So the portion which does the latter gets investment, while the portion which has done actual achievement gets dick.

      Does not compute. Even by Dilbert standards.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    3. Re:You said it by Anonymous Coward · · Score: 2, Insightful

      Yes. Innovation is 1% inspiration (or ideas) and 99% perspiration, or work. Ok, Transmeta did create some really cool CPUs, but in the long run they just didn't cut it, and so why should the now be able to sit back and say "but those were our ideas, boohoooo"?

      Ideas should be free. If Transmeta doesn't create any products anymore, why shouldn't anybody else be able to do it? And even if Transmeta was still creating products, why should that exclude others from using good ideas in their products too? "Intellectual property" sucks.

    4. Re:You said it by cerelib · · Score: 1

      Intellectual property is what keeps capitalism going. If a small research firm invented a new drug that many people wanted they should be able to patent the idea and sell it to other large companies for production. In the same sense, if Intel wanted to use what Transmeta invented, then they should have to get it from Transmeta. Without protection for intellectual property, large companies would control everything and those small companies(who tend to do most of the innovation in this world) would have no chance to compete and therefore no motivation to create new products.

    5. Re:You said it by Anonymous Coward · · Score: 0

      You wish, but reality works rather different. I'm not sure what innovations we had only because of patents. Most companies release products early enough that patents don't matter that much.

      But the worst problem is: it doesn't help small players. You're bound to violate some small patent of the Big Player, and they're gonna sue you till you go bankrupt. I think most small companies get bought not because of patents, but because of what they made. It's easier to buy than to rebuild from scratch, even with the idea in your hands.

      Oh, and where did you get the idea that large companies "control everything", or that competing against them is impossible? If anything, that's because regulations are so complicated that barriers to entry for small companies are reducing competition. If you have something great to sell, and talk to the clients that like the idea (so they know you exist), you should be set.

    6. Re:You said it by joto · · Score: 1

      The market was not ready for what they were selling and they did not have the power to make it into something amazing.

      Translation: What they created, wasn't really great, not even good enough for competing in a free market.

      Just because they do not have the ability to compete in the market right now does not mean they should have to give up all of their work.

      Ehrmm, yes it does. If you don't have the ability to compete in the market, you should go bankrupt like everyone else. Or do you want to have some sort of tax-sponsored welfare-plan for unsucessful businesses? Or that succesul businesses like Intel should sponsor less succesful businesses like transmeta to create "fairness"?

      If you invented something, but didn't have the capital or even motivation to sell it, would you be okay with everyone else being able to make money from your invention?

      Hell, yes! If I invented something, I would prefer that someone took advantage of the idea and made it reality, rather than that it should die as yet another half-baked idea that never saw reality. As for transmeta, well, their investors knew it was a high-risk investment. Both they and we know that you can't always win the lottery!

    7. Re:You said it by joto · · Score: 1

      If a small research firm invented a new drug that many people wanted they should be able to patent the idea and sell it to other large companies for production.

      So if Bertram Hansen Inc made a cure for hiv *and* cancer, and wanted $200000 per cure in patent fees, you'd think that was right? Because it kept capitalism going?

      Without protection for intellectual property, large companies would control everything and those small companies(who tend to do most of the innovation in this world) would have no chance to compete and therefore no motivation to create new products.

      Small companies can rarely afford to go to court against big companies over a patent-dispute. As a result, the patent system only helps the big guys, because they big guys can steel freely, while the small guys must play by the book, or maybe even pay extortion money for patents they don't use, just to avoid going to court.

      The reason large companies don't control everything is because large companies are often very inefficient. Small companies are able to compete with them because they avoid the large inefficient overhead, and can focus on the product and/or the customer.

      Besides, it's not like innovation is completely unheard of within large companies either.

    8. Re:You said it by smallfries · · Score: 1

      > Translation: What they created, wasn't really great, not even good enough for competing in a free market.

      Complete bollocks, and there are two examples that show that. The first is Transmeta - their product was
      a better processor. The reason that they couldn't compete is precisely because the microprocessor market
      is not free. There are two large barriers to entry that aid an entrenched player like Intel and screw over
      the new entrant.

      1. Intertia - x86 is the dominant instruction set, and if you want to use it you need to license Intel's patents
      2. Product Costs - Fab plants cost a lot to make, and a lot more to keep up with. If you get someone else to
      fab your chips then their profit is one of your overheads.

      The second example is the Transputer back in the 80's. That was a product that the market really wasn't
      ready for. A multi-threaded chip twenty years before the market realised that it was the way to go. Sometimes
      you can be far enough ahead that it doesn't sell - even though it's better.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    9. Re:You said it by Sebastopol · · Score: 1

      Ok, lets look at some history which I think is mostly right...

      In the mid-late 90's, when Transmeta popped up squawking about low power, they were on to something. However, Intel and AMD also began the low-cost segment (Seg 0 anyone?) by dropping frequency and price due to each OTHER: lower power CPUs to compete effectively with Tmeta, and Tmeta lost bragging rights. If you recall, low frequency Pentium M's had lower power and better performance than any transmeta chip on the benchmarks transmeta was publishing (people forget this fact), and that was without any fancy shmancy stuff in the P3 design (hand pick low power parts from the fab and drop the frequency, a common tactic, lower ASP, but competitive).

      Around this time, Intel started their first Centrino design, using ideas that had been presented at ISSCC for years from other companies besides intel (IBM's Power4 was aware of it's .5kW and started talking about sleep devices). Intel called it "Banias" and it was based on a low power P3 core. It became Centrino in about 01, which means they must have started at least 2-3 years before that.

      Now maybe Intel secretly put on their black ski masks, twirled their black moustaches, and infiltrated Tmeta, stealing their IP, but that is highly unlikely.

      Furthermore, Tmeta has not had a new core design for close to a decade. Intel has been quietly developing low power for about 6~7 years, and didn't switch wholeheartedly until this year (canning the P4 line in late 05). So why did transmeta wait to sue? Were they OK with it back when they had money, but not OK with it now?

      Yeah, transmeta blew the power whistle way ahead of AMD and Intel, but AMD and Intel were already headed there. The entire industry was after the boom of cellphones.

      I will wait to make my final decision when the facts are down, but my opinion based on history and the press releases is that Tmeta is no longer a company with a vision, they are now the IP version of ambulance chasers.

      --
      https://www.accountkiller.com/removal-requested
    10. Re:You said it by joto · · Score: 1

      The transputer was a multithreaded cpu at a time when nobody wanted a multithreaded cpu. Crusoe was a power-friendly cpu at a time when very few people bothered about power usage in cpus. And in 1938 somebody probably created an environmentally-friendly car, at a time when nobody cared about the environment either. None of them sold. Guess why? The correct answer is not "lack of a free market".

    11. Re:You said it by smallfries · · Score: 1

      Whether or not it is the correct answer does not change the fact that the microprocessor business is not a free market. That is what I was disputing in the original post.

      The transputer was the right answer at the wrong time. Pursuing a multithreaded path means more effort in software, even if it is cheaper in hardware costs. In the mid 80's ramping up the clock speed was the "cheapest" way to increase performance. You should read my post more carefully.

      While the Crusoe was aimed at the low power market, the architecture could have thrashed Intel in the performance market. But only if Transmeta had the fab technology that Intel did. In that case their failure was precisely because a market with an entrenched encumbent player, and a high cost of entry, is not free.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  20. Re:anyone think the case might actually have merit by clem.dickey · · Score: 2, Informative

    > Transmeta has a rather extensive patent portfolio, with many new ones granted this year.

    Transmeta had several patents issued in 2006, but I don't see any *filed* this year.

    I see four filed in 2005, of which one has been issued.

  21. Re:Go figure - too clever by Hinhule · · Score: 1

    I like that version of the saying better than the one I heard before.

    Those who can, do. Those who can't, teach.

  22. Um, hello? by tehSpork · · Score: 2, Interesting

    Intel should just purchase Transmeta outright, between their engineering crew and patents it would be a smart move.

    Deffo would make more sense to me than the rumored purchase of nVidia. :)

    1. Re:Um, hello? by cpm80 · · Score: 2, Interesting

      It sounds like a good idea on the surface, but not if you know *anything* about the stock market. I'm not a guru, but know enough to explain why Intel cannot afford Transmeta. When an entity acquires a certain percentage, somewhere arround 10%, of a public company they must file with the SEC. This usually causes the share price of the takeover target to increase significantly. Also, Transmeta has what's called a poison pill which in the event of a hostile take over attempt causes them to issues more shares. The net effect of the number of outstanding shares increasing at the same time the price of each share increases is that acquiring 51% of the shares becomes orders of magnitude more expensive than the current market cap of Transmeta. Given these conditions Intel cannot afford to buy Transmeta, unless of course Transmeta's board of directors agrees to sell the company to Intel.

  23. Re:Go figure - too clever by From+A+Far+Away+Land · · Score: 1

    You're right, that's the one I've heard before. Unless I've also heard the "sue" version before... But I know I've heard the teach joke. It some respects it's true for all teachers, but it doesn't mean they couldn't ever "do" previous to their teaching career.

  24. Note to self. . . by treeves · · Score: 1

    new business plan:
    1) form small company of engineers and scientists with good ideas but no idea how to implement them yet
    2) wait for big companies with the resources to actually implement some form of the patented ideas to do so
    3) sue, sue, sue
    4) profit

    --
    ...the future crusty old bastards are already drinking the Kool-Aid.
    1. Re:Note to self. . . by Wesley+Felter · · Score: 2, Informative

      Sorry, that business plan was patented by Lemelson 30 years ago.

    2. Re:Note to self. . . by a_n_d_e_r_s · · Score: 2, Funny

      Not a problem - patents are only valid for 20 years!

      --
      Just saying it like it are.
    3. Re:Note to self. . . by treeves · · Score: 1

      Intersting. I didn't know about Lemelson, and while he didn't actually patent the business plan (who knows why - he already had over 600 patents! probably you should have benn modded funny as well as informative) his "scheme" relied on the long delay of the patent process, something I didn't consider.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
  25. Those who can't make ... sue by systems · · Score: 0, Redundant

    like those who can't do ... teach

  26. Re:Go figure - too clever by Anonymous Coward · · Score: 1, Interesting

    I believe that was originally by Mark Twain.

  27. YRO by Anonymous Coward · · Score: 0

    Since this is a story about my rights online, I have nothing to worry about.

  28. Why all the Transmeta-bashing? by diorcc · · Score: 1

    They implemented those ideas first... Sure its kind of silly to go after Pentium III.. But for the 2 new CPU's its not a bad idea at all. Oh and Transmeta is but dying out, only changing. Drill deeper before drawing such conclusions. Ya intel-lovers :P

    1. Re:Why all the Transmeta-bashing? by ClosedSource · · Score: 2, Insightful

      It takes a lot of balls to sue the company whose products form the basis of your business model. If these guys were so brilliant why didn't they create their own unique processor rather than create a super-slow version of Intel's.

    2. Re:Why all the Transmeta-bashing? by jasonditz · · Score: 1

      Yeah, true brilliance requires total incompatibility with existing products.

    3. Re:Why all the Transmeta-bashing? by ClosedSource · · Score: 1

      If you say so. I certainly didn't.

    4. Re:Why all the Transmeta-bashing? by makomk · · Score: 1

      This got modded "Insightful"? Transmeta's processors had their own unique (VLIW) instruction set with a x86 compatibility "code morphing" layer over the top (mainly so you could run existing programs), which is nothing like how CPUs are traditionally designed. I'm guessing that performance would've been better if they weren't x86-compatible (the x86 instruction set is pretty horrid, and a better-designed one could probably be translated faster and more easily), but there isn't enough of a market for non-x86 computers so they needed the compatibility. In other words, the dominance of Intel and the x86 probably made the performance worse, the development harder, and the product more difficult to sell.

    5. Re:Why all the Transmeta-bashing? by ClosedSource · · Score: 1

      "Transmeta's processors had their own unique (VLIW) instruction set with a x86 compatibility "code morphing" layer over the top (mainly so you could run existing programs), which is nothing like how CPUs are traditionally designed."

      The reason that traditional CPUs aren't designed that way is because it makes the processor slower when it runs code that requires morphing. Transmeta's whole business model was based on running x86 code, not on their lower-level instruction set.

    6. Re:Why all the Transmeta-bashing? by Thumper_SVX · · Score: 1

      If anything in my opinion, the thing that killed Transmeta was that IIRC you could code directly to the chip... you had to go through the code-morphing layer.

      Had they developed a chip that had both its own native instruction set and a compatibility layer for x86, at the very least it would have been very popular among the OSS crowd... and low power is always popular in embedded devices. x86 compatibility would be nice in embedded devices to bootstrap DOS, then run your Transmeta-native apps from within x86 wrappers... best of both worlds.

      Of course, I may be thinking of something completely different... but I seem to remember this being a reason Transmeta wasn't used in embedded devices I worked on.

  29. Re:anyone think the case might actually have merit by drsmithy · · Score: 1

    Oh, come on. Next you'll be suggesting that Intel's patent violations might have had something to do with Transmeta's financial problems, as if patents were actually supposed to protect the little guy from having his inventions stolen by better funded competitors.

    It's very important to remember that "patent infringement" and "theft of ideas" (even ignoring the abuse of the word 'theft') are *NOT* synonymous because of the patent systems ridiculous assumption that two entities cannot come up with the same idea independently.

  30. Re:Go figure - too clever by Agent+Green · · Score: 1

    You forgot one at the end ... don't remember where I got it. Maybe a Dilbert book somewhere along the line.

    Anyway, here's the whole thing:

    Those who can, do. Those who can't, teach. Those who can't teach, manage.

    --
    // Agent Green (Ian / IU7 / KB1JQO)
    // IEEE 802.3: All 10base Are Belong To Us
  31. Re:Go figure - too clever by acvh · · Score: 3, Interesting

    Nope.

    Woody Allen.

    Those who can, do.
    Those who can't, teach.
    Those who can't teach, teach gym.

  32. Check out Intel's wrongdoing! by Anonymous Coward · · Score: 0

    It's here: http://malfy.org/

  33. Re:Go figure - too clever by civilizedINTENSITY · · Score: 1

    Those who can't even teach gym, administrate.

  34. Re:Go figure - too clever by ShakaUVM · · Score: 4, Informative

    No, George Bernard Shaw.

    And it's a parody of Aristotle: "Those that know, do. Those that understand, teach."

  35. Re:Go figure - too clever by StikyPad · · Score: 1

    Yeah, that saying is just a little bit older than Woody Allen, and while that particular version may be attributable to him, I highly doubt he was the first to add a third line.

    I've got nothing against being snide, just make sure you know what you're talking about first.

  36. Shades of SCO by linuxguy · · Score: 1


    This reminds me of SCO's tactics: "We have run out of business ideas, we cant seem to be able to make any money, we are headed straight for bankruptcy. Lets sue somebody big."

    And then later: "Oh wait we shouldn't have. Bankruptcy would have been so much better than the mess we are in now"

    Litigation as a business strategy isn't a good idea. You could get lucky like NTP in NTP Vs. RIMM. However the odds are not very good.

    I am pretty sure that Transmeta approached Intel and asked them to take out licenses on said patents and Intel took a look and said "No Thanks". Now Transmeta is suing Intel. Sour grapes. Its a good thing Linus doesn't work for them anymore.

    1. Re:Shades of SCO by jasonditz · · Score: 1

      When Microsoft sued that Canadian kid "Mike Rowe" over his name, did you assume it meant Microsoft was running out of ideas? Or when Apple sued that rumorsite over the leaks? I'm not a fan of the patent system either, but Transmeta's got an actual business based around licensing the technology they've developed.

      The lawsuit is not "we wanted to license something to intel and they said no", the lawsuit is "we wanted to license something to intel, they said they didn't want to pay, but then used the technology anyhow".

  37. I call bullshit! by Anonymous Coward · · Score: 1, Informative

    They bought the HP research team that did the Dynamo project. They hired them all. ...still, I'm not surprised to see them suing Intel, as Intel's Netburst architecture has plenty of overlap with the principles of Dynamo and Crusoe.

  38. This is why the term "IP" is bad.... by the_raptor · · Score: 1

    ...., it leads to far to much confusion between copyright, trademarks and patents. Which are only similar in that they are designed to protect and grant rights over, intangible ideas. Personally I think that this confusion is the very reason businesses use the term "Intellectual Property" so much. Im sure they would love to be able to copyright things which are currently under the patent system (this is why software patents are bad, as software is already copyrighted), and enjoy that near century of government mandated monopoly.

    --

    ========
    CINC, 4th Penguin Legion
  39. They were cool. by SanityInAnarchy · · Score: 1

    Literally and figuratively. My Sharp Actius MM10 might have gotten just slightly hotter than my Powerbook -- hard to tell, because it was dead for months before I got the Mac.

    It might've been even cooler if it had been possible to bypass their "code morphing software" and natively compile VLIW code. As it is, this little sub-notebook was effectively an x86 PDA. It was insanely small -- 10" screen, about a half inch thick (the whole notebook, not just the screen). It could open completely flat -- unfold until it was a flat board of monitor, keyboard, and mouse. With the builtin battery, it lasted about 3 hours, which is respectable compared to my Powerbook, but with a much smaller battery. With a bigger battery, it easily lasted 9 hours.

    It had 256 megs of RAM, I think -- or maybe only 128? -- and a 1 ghz processor that felt like it was 500 mhz. But the battery life and the physical coolness of it -- the thing was passively cooled! -- more than made up for it when used as a work machine (mostly a web browser and an ssh terminal). My new Powerbook is just short of being able to play high def, and this thing couldn't even play DVDs. My Powerbook has an 80 gig or so hard drive, this thing had a 15 gig, and was fragile as hell. But there are two things I desperately miss from it:

    1.) x86 arch. There's a 2D Windows MMO that might've played reasonably well on it, but I haven't yet succeeded in making work on my Powerbook. If I did make it work, the x86 emulation would probably kill battery life and make it hot.
    2.) insomnia. I've tried a program for my Powerbook called "InsomniaX", which tells OS X not to go to sleep when the lid is closed. With the Sharp, I could put it in my backpack, put headphones on, and listen to random music all the way home -- no need to buy an iPod, and as it used an iPod hard drive anyway, I figured it was reasonably safe from being jostled.

    The Powerbook, probably sensing the motion as I walk, kills the music randomly and quite often. If that's indeed the case, I can't really complain, as the motion sensor has saved my ass more than once. Drop the Sharp and lose data, or possibly the disk. Drop the Powerbook and I just get a dent. Still, I miss being able to do that, especially considering how much more space I have now. I shouldn't have to buy an iPod -- everywhere I walk, I carry my laptop in a backpack.

    But even if I were to compensate for that -- say, preload a half hour of music to RAM just before I leave, or kill the motion sensor somehow (probably a Bad Thing) -- I'd still have this strange problem where, exactly 11 minutes after I close the lid, it hard powers itself off.

    Anyway, I thought it was pretty impressive, and ideal for high school. I never got it to sleep properly (using Linux), though hibernation occasionally worked, but I didn't care, because I could run a full school day on those two batteries. Worst case, I'd have to hibernate, swap out the battery once, and resume -- admittedly the Powerbook has me beat there, it has about 10 mins worth of power separate from the battery, but I'd still need a few more batteries, I'd have to switch them more often, and it kind of starts to defeat the purpose of a laptop.

    And I am still amazed at the fact that the only thing my Powerbook actually does better, in any significant way, is video. That's significant, it's a 17". Given the choice, I don't know which I'd choose. I'd definitely take either of them over a Macbook, though. Anything which gets that hot, or which gets that loud when it's hot, isn't worth it. I have my desktop for brute CPU strength, my laptop should be spartan and elegant.

    I do seem to be a target market of 1, though.

    As for patent trolling, I'm willing to give them the benefit of the doubt. They did create something very cool, even if it wasn't as profitable as I'd hoped, and it was nice to have a competitor to Intel. If I cared more, I'd take a long, hard look at those patents and their claims -- if there's any validity to them, it would seem that Intel and AMD ripping off some of their power-saving features would be killing the only edge they have. If it's a legitimate edge, they should be allowed to collect some royalties on that.

    --
    Don't thank God, thank a doctor!
  40. Re:Go figure - too clever by salec · · Score: 1

    Those who can, solder, those who bottle, cork!

  41. (OT) Re:I used to think they were cool... by Anonymous Coward · · Score: 0

    I don't know how long this business model will survive things like OpenCores - it's even cheaper to download the HDL for a chip for free than buy it - but they may well be successful for a while.

    It's worth noting that opencores would have to gain a lot of momentum to damage ARM at this point. ARM is a company with 1,500 employees, and numerous customers with products being manufactured and on the market, right now. Most of the things on OpenCores seem like one person's university project.

    Licensing an ARM core costs (ballpark figure only) $0.01 - $0.02 a chip, with the manufactured product going for $3 to $10 per chip (maybe more for the high-performance chips). For that, you-as-a-chip-manufacturer get a design which is well documented and thouroughly validated, and which many developers are already familiar with. There are mature compilers - including gcc support - simulators, and debugging tools; the company has a proven ability to provide the files, documentation and support needed to get a design into production.

    Opencores might destroy ARM at some point, in the same way that Linux might destroy Apple and Microsoft at some point. It's possible, but not in the short term, and there arguably isn't a trend towards it happening.

    Just my $0.02.

  42. GPL3 by themusicgod1 · · Score: 1

    GPL3: now more than ever.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  43. Fight this nonsens by PzyCrow · · Score: 1

    There is a real possibility to strike a hard blow to this nonsense now. The the elections for the europoean parliament is comming up.

    This time one of the contenders is the http://www.pp-international.net/Pirate Party. Joining the fight now means you get to decide the agenda. Joining closer to the election atleasts means you've done something.

    The current agenda is:
    Reform copyright to support free cluture.
    Abolish the patent system.
    Defend the right of privacy.

  44. back to the future .. by rs232 · · Score: 1

    Code morphing sound a lot like a software embedded runtime cross compiler that works at the p-Code level. In other words a JIT interpreter that runs on a chip. In other words where's the innovation.

    If Intel merely utilized such methods to impliment "Code Morphing" then I don't think Transmeta should have a case. If they actually reverse engineered the Transmeta chip that would be a different matter. It wouldn't be the first time Intel was caught at it, according to experts at the time, the Xeon processor was a "reversed engineered" copy of the AMD64.

    --
    davecb5620@gmail.com
    1. Re:back to the future .. by SwashbucklingCowboy · · Score: 1
      The U.S. patent system's idea of innovation and the real world's idea of innovation are two entirely different things.

      Unlike many in these parts, I do believe that algorithms should be patentable, but the patent system needs serious reforming to require real innovation, not the pseudo-innovation that is often found today.

    2. Re:back to the future .. by Anonymous Coward · · Score: 0

      You didn't even read the headline. It's highly doubtful that Transmeta is suing based on its code-morphing patents. Though that software is very spiffy, its the power-saving technology that Transmeta created that really was ahead of its time.

      The irony of course would be if Intel counter-sued Transmeta for violating its patents.

  45. Re:Go figure - too clever by Anonymous Coward · · Score: 0

    You mean administer?

  46. Insanity is doing the same dumb thing over and ove by vtcodger · · Score: 2, Insightful
    Personally, I'm for closing the patent office, in an orderly fashion ... over time... but shutting the whole mess down. Personally, I don't think that Intellectual Property other than trademark is a viable concept in a technologically advanced world.

    It would seem that since Transmeta no longer makes CPUs, they are somewhat safe from the big gun defense in industrial patent wars -- being counter-sued for violating 116 Intel patents. But their patents can still be invalidated, and you can just bet that Intel will try.

    Still, though, this is all kind of stupid and it is a bit hard to see how anyone other than a few lawyers benefits from this sort of stuff. If a patent is a license granted by government for the public good, why are we still issuing the damn things when they apparently no longer promote the public good?

    --
    You can't see ANYTHING from a car, You've got to get out of the goddamned contraption and walk...Edward Abbey
  47. Yes, I would be happy. by jotaeleemeese · · Score: 1

    If my company had demonstrated is not good at doing business, at least I would like it to benefit science and the advancement of knowledge.

    If you fail to sell true innovation then you should allow, even help, others to do so.

    --
    IANAL but write like a drunk one.
  48. And the people here will wonder ... by jotaeleemeese · · Score: 1

    .... why Intel is moving research and development to India....

    http://slashdot.org/article.pl?sid=06/10/11/132323 9&from=rss

    --
    IANAL but write like a drunk one.
  49. You don't need patents for that. by jotaeleemeese · · Score: 1

    You could sign an airtight contract with Ford before showing them your goods, forbiding them, amongst other things, to come with a similar product to the market for at least x years after your demonstration.

    If somebody else came with a similar device on his own, society should not be punishing them, they should be encouraged for independent innovation.

    --
    IANAL but write like a drunk one.
    1. Re:You don't need patents for that. by MikeBabcock · · Score: 1

      Who says it was shown to Ford explicitly? They could just buy one and reverse engineer it.

      PS, how do you prove they invented it independantly? That's what the patent office is for -- you patent your idea when you do it, so you know you're first or not.

      Just because the slashdot crowd has lambasted software and methods patents doesn't mean good old fashioned protection of inventions should be abandoned.

      --
      - Michael T. Babcock (Yes, I blog)
  50. Patents are broken. The full system is broken by jotaeleemeese · · Score: 1

    And thus non patent has merit.

    --
    IANAL but write like a drunk one.
  51. Be fair. by jotaeleemeese · · Score: 1

    SCO are liars.

    Transmeta at least has real patents for device that they did introduce to the market and that they want to protect under the current, completely broken, patent system.

    --
    IANAL but write like a drunk one.
  52. Re:Go figure - too clever by Anonymous Coward · · Score: 0

    I have also heard.

    Those who can't... manage

    Not sure the author

  53. A lone pro-Transmeta comment by aschoeff · · Score: 1

    I personally am an adherent to something akin to the RMS philosophy. I believe information wants to be free, and that patents and copyrights should be gradually phased out.

    That said, the facts show that Transmeta decided to play by the rules and compete in the chip business. The facts also show that they received the standard treatment from one of the two biggest technology monopolists of our age, Intel (our friend M$ being the other). Intel has a long history of anti-competitive illegal abuse of their dominant position in the marketplace.

    We know this through contracts with distributors and partners that have been periodically leaked and reported on, as well as a mountain of articles detailing their abusive platform tie-ins and deceptive marketing techniques. A look at the current antitrust case brought by AMD alone is damning. Separately, each piece of the puzzle isn't blatantly illegal, but that's the game monopolists (and the mafia) play; it's hard to prove collusion and/or conspiracy.

    If Transmets had never successfully fabbed a chip, or had never found a major distribution partner, you could rightfully call them a troll. The important point is that even if this was the case, Intel still stole their technology and called it their own, and is liable for massive patent violations.

    But that's not the case. Transmeta tried, made a pretty damn good go of it, and was squashed. I think the only part of this in dispute is if Transmeta could bring an antitrust case like AMD against Intel as well. I wish they would, because without companies like AMD and Transmeta, today we'd be paying $2000 for a (t)Itanic clocked at 300MHz or so with no backwards (32-bit) compatibility, power saving, or other performance innovations. Instead we get to pay $100-$200 for a multi-GHz chip with all these features.

    If our laws mean anything, Intel should be ground up into a fine powder and cast into the sea.

    1. Re:A lone pro-Transmeta comment by Anonymous Coward · · Score: 0

      Finally! Mod parent up.

  54. The elephant in the room by TomRC · · Score: 1

    The elephant in the room that few seem to be noticing:

    The patent was authorized by the Constitution so that inventions would be shared and used by others, with reasonable payment to the inventor.

    These days, very few actually do that, especially in complex technical fields. If a company uses some idea, it's not because it went to the Patent Office and searched for good ideas to implement. They independently develop ideas - which may or may not have been patented by someone else. Or they draw ideas from the public domain. They rarely gain any benefit from the patented and published inventions of others. Generally one can't even give away good ideas these days, because companies fear that the "inventor" will come back and sue them, if they do follow a suggestion.

    The Patent system simply doesn't work. It's a bad idea that got started when Kings passed out monopolies to their favorites. Ideas are not valuable - implementation is everything.

  55. Could this be valid? by ArhcAngel · · Score: 1

    All the comments I have read seem to focus on Transmeta being the bad guy when a short history lesson would reveal just how plausible this is. This is from memory so the details may be a little fuzzy but back in the day Compaq had a data bus called the Tri-Flex Architecture. They owned the IP and only used it in their high end server systems. Intel asked if they could have a look-see at the technology so their products would be "compatible" with the bus. Less than a year later several Intel MB designs started showing up with a data bus strikingly similar to the Tri-Flex bus and Compaq sued. Intel is reported to have then informed Compaq they could no longer sell them processors through their OEM channel and Compaq would, hence forth, need to purchase them through retail channels. This would have greatly increased the cost to Compaq for the processors and shortly thereafter Compaq "licensed" the technology to Intel. Transmeta may not be so far off base.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  56. Oh! by joaommp · · Score: 1

    "Daddy, daddy, you misbehaved! splaft!"

  57. Re:Go figure - too clever by WalksOnDirt · · Score: 1
    Those who can, do. Those who can't, sue.

    I got 25 hits for the full phrase on Google. The earliest I see off hand is from 2001.
    --
    a,e,i,o,u and sometimes w and y (at be if of up cwm by)
  58. Won't work by Anonymous Coward · · Score: 0

    You may be able to figure out where it is, but once you get there, you'll only find two French guys in a tower.