Slashdot Mirror
Apple, Others Hit With Lawsuit On Ethernet Patents
bth nods an AppleInsider story on a patent troll who has gotten hold of fundamental Ethernet patents and is wielding them broadly. Three guesses which US Appeals Court the lawsuit was filed in. "A Texas company has targeted a number of technology companies, including Apple, in a new lawsuit regarding a handful of computer networking patents issued in the 1990s. ... 3Com Corporation was granted four patents from 1994 to 1998 pertaining to network adapters. Two deal with the automatic initiation of data transmission, and one addresses 'host indication optimization.' ... The company's Web site states that U.S. Ethernet Innovations was founded 'to continue 3Com Corporation's successful licensing program related to a portfolio of foundational patents in Ethernet technology.' A press release from the company states that it is the 'owner of the fundamental Ethernet technology developed and sold by 3Com Corporation in the 1990s,' suggesting it purchased the patents. ... In addition to Apple, the lawsuit names Acer, ASUS, Dell, Fujitsu, Gateway, Hewlett Packard, Sony, and Toshiba as defendants."
Token ring, here we come
Three guesses which US Appeals Court the lawsuit was filed in.
None! You cannot originate a patent infringement suit in a United States Court of Appeals, any more than you can file in the Supreme Court. Instead, patent litigation must start at a United States District Court. The losing party may appeal to the United States Court of Appeals for the Federal Circuit.
Everyone uses the _internet_, now. Who cares about ethernet?!
A jury in East Texas will be composed of at least 10 people who believe that the Earth is 6,000 years old and that Jesus rode to work on a brontosaurus.
The other two will disagree, but they'd sooner strip naked and dance a jig in the town square than open their mouths to disagree.
Be very afraid.
Seems to me that asking for a trial by jury may very well backfire on them.
Most likely not. Juries are not likely to be very technically apt. It's almost certain that they will ask "have you ever used ethernet" during jury selection and avoid those people who know that they have.
After that everyone will realise why it's called "intellectual property" by the fraudsters who run our legal systems. The way it's presented the patent makes this patent someone's possession. The jury just thinks "I wouldn't like it if someone took my car away from me; they should be going to prison and not just paying a fine". The compensation ends up massive.
The problem is that all these companies have set themselves up as fall guys since they all have legal departments which spout off about "respecting intellectual property". They can't even use the argument that there is no such thing because their own press releases would be used against them.
finally; blaming the patent troll is a bit stupid. They are an inevitable part of a system which tries to treat ideas like property. There are two groups available here to blame. Those that set the laws take most of the blame and the IEEE where 3COM was a member at the time the standard was set should take the rest. Organisations involved in standardisation should be required to defend the free use of a standard with all their patents.
=~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
Maybe he was not terminated, but instead became himself an Ethernet terminator.
"...blaming the patent troll is a bit stupid. They are an inevitable part of a system which tries to treat ideas like property..."
:-)
Is that a bit of "Don't blame the player, blame the game." dodge?
I don't buy that shit. If you're a douchebag, you're a douchebag even if you're in a pack of douchebags.
To reiterate, just because the system can be abused, doesn't mean you should accept that abuse blindly, it's still wrong.
Well, that's my 3 cents worth. Enjoy the flames.
I'm starting to think that one of the biggest problems with patents is being able to sell them and hold them with out making products based on them. Well, the US patent system has a lot more problems like obvious things being patented and being able to patent business processes.
But apart from the US,some of the biggest problems come up in companies buying patents and being patent trolls. Patents were supposed to protect the inventor, selling the patent isn't protecting the inventor anymore. Also unless a company merges with another company I think all patents that the company owns should dissolve with the company and be unpatentable.
If you have a patent, I think you should be required to have products out using that patent, or at least working on making products with that patent. Too many companies patent something that they heard someone else speak about, they have no plans to use the patent, just profit off of someone else's work by beating them to the patent office, or just plain having the money to buy the patent where the person doesn't. I guess that still wouldn't quite solve the problem. There would need to be some process where you proved that you created the idea.
*start rant* Now as for the US Patent system, there is an official report that calls it too much of a joke for us to merge our patent system with their's. Our company started looking at US Patents and as far as we can tell, you can't write a line of code with out violating a patent. It is so silly that "If...else" is patented. "ifelse" is patented. "Begin...End" is patented. I think you can get away with "{...}" blocks, but not much else.
Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.
From 1994 to 1997 I worked for a company that worked with 3Com writing device drivers for the 3Com adapters that seem to be based on these DMA patents. My vague recollection is that we spent at least 2 years working with at least 3 different versions of 3Com's EISA and PCI ethernet adapters and as far as I know the full DMA mode never worked 100% correctly on any of them. The different versions of their controllers had different bugs. Some would lockup, some would drop interrupts, or randomly stop DMA mode, or corrupt buffers, etc. I think in most cases the workaround suggestion from 3Com was to periodically poll the adapter status and if you detect it's wedged force a full reset and completely reinitialize the adapter. Of course doing stuff like that totally destroys system performance so we simply ignored the DMA capabilities and did PIO in the interrupt handlers to transfer packets to/from the adapters 1-2K buffers (one packet per interrupt). I might be wrong but I think it was at least 1998 and their 4th generation PCI-ethernet adapter before 3Com had a PCI-ethernet design that did DMA to/from ring buffers correctly and by that time the rest of the world was all shipping products based on $10 dnet-clones from 6 or 7 companies in Taiwan (and 3Com's design had morphed into a something that looked a lot like dnet-clone but with a lot of extra, useless features).
No, but trying to be an honest company among a bunch of poopyhead competitors that aren't afraid to roll up their sleeves and play dirty isn't all that easy.
Welcome to Earth! Did you have a nice trip? I'd like to introduce you to the predominant species: a partly-evolved tribe of primates who call themselves "Humans". Slimy lot of bastards they are. Stab their own mothers in the back given the chance, and some incentive.