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Intel Countersues Transmeta

An anonymous reader writes "After being sued by Transmeta for patent infringement last year, the fangs are out at Intel. In a suit filed in Delaware, Intel claims Transmeta has infringed on 7 of its patents. The whole saga revolves around chips designed to be energy efficient."

13 of 42 comments (clear)

  1. excess gasses by mikerubin · · Score: 5, Funny

    Have they thought about the energy wasted in pursuing the lawsuits ?

    --
    I sat down to write a new sig tonight and all I did was make the chair warm.
  2. and the usefulness of the patent system... by 3seas · · Score: 2, Insightful

    ... starts to crumble as far as its ability to bring the bestest and most advancedist products to the coinsumer.

  3. Classic patent-plateau by steinnes · · Score: 5, Insightful

    A couple of years ago I saw Stallman lecture about the dangers of software patents. A lot of his speech revolved around the busting of the myth of the "patent empowering the little guy", ie. the myth of the lone inventor walking down the street demanding money from the likes of Intel, IBM, Microsoft, because of his mighty patent. Stallman explained that if such a situation would arise, the large companies would simply find ways of countersuing for infringement of some of their numerous patents, thus forcing the smaller entity to give up it's claims, and possibly settle the countercase by giving up it's own patent.

    This is something he referred to as a patent plateau -- where the large companies are all so far beyond the reach of smaller entities, be it individuals or companies, that patents in the hands of those not "on the plateau", are practically useless.

    1. Re:Classic patent-plateau by loki_tiwaz · · Score: 2, Interesting

      The scenario Stallman talks about is altogether too obviously possible. Patents are evil and should be eradicated.

      The only way for the little guy to really fight the big guys is to release inventions into the public domain where they will be produced by whoever sees a market for them rather than whoever wants to pay the outrageous license fee and royalties. The only incentive for this is purely ethical, although one must consider the fame for this will most likely result in a R&D job somewhere. But who funds R&D departments that don't churn out patents?

      One has to ask the question: if Transmeta had not sued Intel, would Intel have sued Transmeta?

    2. Re:Classic patent-plateau by broller · · Score: 2, Insightful

      One has to ask the question: if Transmeta had not sued Intel, would Intel have sued Transmeta

      Thank you for not using "begs the question" here.

      It seems likely that the answer is no. Transmeta was not a threat to Intel, so they had no pressing reason to sue. If Intel did decide to sue, and won, the bad publicity would far outweigh anything they could win in court. If Intel lost, the publicity would be worse, and they'd set a bad precedent for the other "little guys" out there. Transmeta forced the hands of Intel.

    3. Re:Classic patent-plateau by TheRaven64 · · Score: 2, Interesting

      He's almost right. The little guy can go up against the big guy and win, as long as the little guy doesn't make the mistake of making anything first. If Transmeta had sold their patents to a shell company (in exchange for, say 99% of the royalties), then the shell company could have sued Intel, and Intel would only have been able to sue Transmeta, not the shell company.

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    4. Re:Classic patent-plateau by steinnes · · Score: 2, Interesting

      Ah, thank you for pointing out an interesting solution to this problem -- however, the possibility of the larger company suing the company which owns the shell company still exists. So the only real solution is to develop a patent, and not intend to use it for anything -- ie. not intend to use this wonderful "new technology" to bring more prosperity to the human race (or however the patent system was first envisioned). Personally I think that the patent system as it currently stands needs some sort of overhaul.

  4. hmmm by mastershake_phd · · Score: 2, Funny

    Like silicon graphics I think transmeta was suing out of desperation. Do they even make processors anymore? I did like their on chip, heat based, random number generator.

  5. You *can* sue the big guys for patent violations by Per+Abrahamsen · · Score: 4, Insightful

    But only if you don't have a product of your own.

    The patent system can serve two groups:

    1) The big companies, who can keep newcomers out.
    2) Litigation companies, with no purpose other than suing.

    It can not serve the little guy with an innovative products, as all products build on older ideas, and the lifetime of a patent is much longer than the generation gab between products.

    If you have a great patentable idea, and want to make money on it, here is what you must do: Patent it. Distribute it widey, for example, if applicable, as source code under a BSD/MIT style license. Watch others build products on it. Sue them. Never, ever, make the mistake of creating a product of your own. The time where you could get rich by identifying a need, and selling a product to fulfill it, is long gone.

  6. The Litigation Tactic by wjcofkc · · Score: 2, Insightful
    The laywers at Transmeta must surely have seen how the SCO battle recently ended. It's remarkable that they haven't taken that as lesson learned for them by someone else.

    This tactic of trying to make a bunch of money via litigation before tanking a failed company is so uncertain - and with such a potential for backfire - I can't image why anyone would go that route.

    If they wanted to make money before closing up shop, they should have sold thier patents.

    -W

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    1. Re:The Litigation Tactic by hotdiggitydawg · · Score: 3, Funny

      Personally I'm waiting for SCO to wigh in here, and sue Transmeta for infringing on SCO's patented business model...

  7. Transmeta is today's Netscape by transami · · Score: 2, Insightful

    You people floor me. You mash all day long about how poor the patent system is, and then when someone tries to uphold legitimate patents you label them money-grubbing losers. Doesn't anyone remember what happened? Transmeta comes along with a revolutionary new perspective and implementation of teh CPU based on the idea of power efficiency and the big wig Intel just cuts them out of the picture by copying them. Now, power efficiency is the new "MHz" and the company we have to thank for it is being kicked about and compared to scoundrels like SCO. This has all the same characteristics of Netscape vs. Microsoft, but we can see by the results of that case people really care about.

    It makes me sick.

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    :T:R:A:N:S:
  8. Intel Countersues Transmeta by malexgreen · · Score: 2, Interesting

    I guess Intel learned its lesson from its Intergraph experience. Here was a company that was brought back in business via its win against Intel in a IP suit: http://library.findlaw.com/2003/May/13/132730.html