Slashdot Mirror
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."
This only applies to things filed before October 1st, 2009. RTFA.
If you RTFA, it appears they are only applying this to outstanding patent applications filed before October 1, 2009.
retrorocket.o not found, launch anyway?
RTFA? Thats just crazy talk!
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.
You are being simplistic. Just because you don't understand any of the details behind a case, doesn't mean the case is really "obvious".
It's easy to only have a couple of details of a case, and come to a snap decision, and claim that it's "obvious" and groan about how if only someone would apply "common sense"...
Reality is often more complicated. Case in point. Woman burns herself with coffee from McD. If you only have that information, maybe you blame the woman, but it turns out there are more details that escape the 7 word summary. Turns out the coffee was kept near boiling, turns out McD corporate policy was to keep it much cooler (but still hot), turns out they had multiple complaints regarding the temperature but ignored them... To be fair, I haven't looked into that case in detail, but it should be clear that it's possible that there is more to the case than the summary.
And there are plenty of situations where, once the judge hears a complaint, he tells one of the parties to "get lost". If they don't, then perhaps there is something more to it... Oh, and it seems like the judge did exactly that in this case.
"Why should I be content to simply live in this world, when I, as a human being, can CREATE it?" - Oertel
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.