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Webvention Demanding $80k For Rollover Images
I Don't Believe in Imaginary Property writes "Webvention is demanding that websites with rollover images pay $80,000 or face a patent lawsuit based on US patent 5,251,294, which it bought from Intellectual Ventures. Webvention claims to already have licensing deals with Apple, Google, Nokia, Sears, Sony and Orbitz. Right now, they're suing Abercrombie and Fitch, Bed Bath & Beyond, Dell, Gamestop, E*Trade, Neiman Marcus, Visa and ten others in a court in east Texas."
This is a perfect example why software patents need to be invalidated across the board. They do nothing to help consumers or innovation...they're just a tool used by companies to extort money from legitimate businesses.
Honestly, I think almost all patents should be invalid because they're completely incomprehensible to someone skilled in the art. Sadly it seems that patent law doesn't work like that.
First, the application was filed in 1990, so prior art is going to be harder to come by than you might think.
Second, the patent was already thrown into reexamination a month ago. Check reexam 90/011,229 on PAIR for the details. The law firm that filed the reexam request is Townsend, Townsend & Crew, which is a major IP firm. The request cites multiple pieces of prior art and looks pretty well put together. One of the first things the examiner did was try to call the patent owner for an interview. The examiner couldn't get ahold of them. That's a bad sign for the patent owner.
Some of the prior art citations include HyperCard and HyperText.
Third, courts have tended to temporarily halt litigation (a procedure called a stay) while they wait for the results of a reexamination. It's quite possible that this patent is about to die in the Patent Office without the lawsuits moving forward.
I actually fully agree. If a web developer themself has no clue at all what this patent is talking about, then who is it referring to? Shouldn't experts in the field understand the patent itself? If experts in the field have no clue what they are saying, then are they really saying anything?
Questions which make me fully agree that if a person in the field has no clue what it is saying, that it should be counted as not really saying anything. If it doesn't say anything, it is not really a patent, and we can get rid of it
The world is how you make it