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DVD-by-Mail Services Cleared In Patent Troll Case
eldavojohn writes "Media Queue holds the rights to patent 7389243 which is simply a patent on the notification system (like e-mail) to users of changes in the status of their DVD rental queues. Of course, they filed suit in a random place against Netflix, Blockbuster and everyone else sending e-mail updates about DVD-by-Mail services. It was later moved to California and was dismissed last week. In related news on the ailing patent system, the USPTO unveiled a new plan to reduce backlog in its system by offering pending patents special examiner status if the holder abandons another co-pending unexamined application."
It is incredible that we have laws for everything, but judges are seemingly not allowed to simply use common sense.
This only applies to things filed before October 1st, 2009. RTFA.
Yeah it seems like it will only really help the patent writers (who will get to charge double for each patent idea they write up) and, hence, the companies with fat enough wallets to spend twice as much on the patent process. The losers will be anyone trying to get a patent on a budget. Yay, progress!
So the submit a flowchart demonstrating the algorithm as part of the filing.
Since they didn't file in east Texas which is the patent troll mecca any other place would be random.
Don't even think about it. Patent troll Ltd holds a patent on "method and apparatus of generating flowcharts".
A very tiny bit of work. Just file the exact same patent twice, then drop the second one. It's not like USPTO Inc. will check, or care, as long as they make more money out of it.
If you were blocking sigs, you wouldn't have to read this.
Yes infact.
Unless there is a tech company somewhere in sight of the relevant courthouse, then it is a fantasy juridiction that has no relation to any of the actual parties. If the relevant judge were acting with any sort of maturity he would tell both parties to get lost and find a venue that has some relation to either of them.
Whereas California or Delaware actually represent places where (tech) companies are incorporated or actually do business.
A Pirate and a Puritan look the same on a balance sheet.
Media Queue is an Oklahoma LLC.
Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
Whereas California or Delaware actually represent places where (tech) companies are incorporated or actually do business.
Blockbuster and Netflix don't do business in Oklahoma? That's news to me.
"Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
The thing about patent law is almost every district court in the country has personal jurisdiction over the parties. You can be sued anywhere you have normal business activity. General Jurisdiction
Everyone knows that if you're going to try to enforce your ridiculous patent, you don't file suit in your own jurisdiction or the defendants jurisdication. Real patent trolls file in the Eastern District of Texas. Had they done that, they would have gotten their settlement.
...except that is rather thin and any mature federal judge should acknowledge it as such.
They should be less petty and self centered and everyone else should expect better of them.
A Pirate and a Puritan look the same on a balance sheet.
If you don't want to subject yourself to courts of a state, don't do business within that state.
Half of the things they allow as patents are in my opinion common sense applications of technology that should not be limited in it's usage. A patent for updating customers via email notification that DVD order status has changed? Brings to mind Microsoft's patent on displaying images based on file creation date or some other such 'duh' idea. The fact that companies can get these patents just seems utterly ridiculous. Wasn't Amazon at one time in a patent dispute over their 'one click buying' which essentially meant storing your shopping cart and account info via a cookie and giving you a button to click to process an order. The kind of things that if you sat a web developer fresh out of dropping out of college down they would slap together as a solution. And now these obvious things are off limits to people without a patent? I thought obvious technology was not supposed to be patentable? It seems that when talking about IT type patents they use this idea of an average man to determine if it is 'obvious' technology. And when you take an average of people inside and outside the IT business you end up with someone that doesn't even know what a cookie is.
Am I the only one that thinks it has gotten beyond ridiculous?
Yea, but we can buy that patent for some shiny beads.
This only applies to things filed before October 1st, 2009. RTFA.
Doesn't matter. If you filed one good patent, you are screwed. You cannot get special treatment. If you filed 100 bad patents, then you now have 50 with special status that will have to get processed before the poor guy that filed his one good one.
The only thing worse than a Democrat is a Republican.
Excuse me ???
Correction: We already bought that patent for some shiny beads
As an incentive we also got Manhattan island in the deal
"Suppose you were an idiot...and suppose you were a member of Congress...but I repeat myself." Mark Twain
Well, I think the mature way would, actually, be to the follow the law and, if one of the parties sought a change of venue to a more appropriate place, grant it. Which, you know, is exactly what the judge did here.
But apparently, to some people, "maturity" involves unprofessional and capricious conduct.
The question of whether a district court has jurisdiction is different than the question of whether the district is the most appropriate venue.
Yeah, and if you hurry now you can submit that dummy application before the 10/1/2009 deadline!
Oh wait...
Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
How are you going to go back in time and submit your dummy app before the October 1, 2009 cutoff date though?
I think there's a flaw in your plan...
Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller