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Coder Accuses IBM of Patenting His Work
ttsiod writes "Back in 2001, I coded HeapCheck, a GPL library for Windows (inspired by ElectricFence) that detected invalid read/write accesses on any heap allocations at runtime — thus greatly helping my debugging sessions. I published it on my site, and got a few users who were kind enough to thank me — a Serbian programmer even sent me $250 as a thank you (I still have his mails). After a few years, Microsoft included very similar technology in the operating system itself, calling it PageHeap. I had more or less forgotten this stuff, since for the last 7 years I've been coding for UNIX/Linux, where valgrind superseded Efence/dmalloc/etc. Imagine my surprise when yesterday, Googling for references to my site, I found out that the technology I implemented, of runtime detection of invalid heap accesses, has been patented in the States, and to add insult to injury, even mentions my site (via a non-working link to an old version of my page) in the patent references! After the necessary 'WTFs' and 'bloody hells' I thought this merits (a) a Slashdotting, and (b) a set of honest questions: what should I do about this? I am not an American citizen, but the 'inventors' of this technology (see their names in the top of the patent) have apparently succeeded in passing this ludicrous patent in the States. If my code doesn't count as prior art, Bruce Perens's Efence (which I clearly state my code was inspired from) is at least 12 years prior! Suggestions/cursing patent trolls most welcome."
Can I drop a hint about the patent office having no credibility any more?
When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
what should I do about this?
Disclaimer: I'm not a lawyer; this isn't legal advice. But you've got a few options. All or none of which you can pursue.
The first option is to simply contact IBM and ask them how their patent is novel or different or disjoint from your work. This could result in one of two things: no response or a response. If you are satisfied with the response, you might change your mind about your situation and congratulate them on putting some novel innovations on HeapCheck, patenting it and listing you in the claim references (do you own any patents related to it?). Now, assuming that it does not satisfy you as an explanation, you could indicate that you are going to pursue legal action (the I in IBM stands for International) but you are willing to settle and sign away your rights for some relatively nominal fee. You could choose to reveal you're not interested in a lengthy expensive court battle with them or you could make it sound like you are angry and this is all you have to do with 100% of your time. Either mentality will send them a message, that's up to you.
The second option is to get litigious. Judging by your ccTLD (and awesome name), I'm guessing you are from Greece. Which means that you would probably have to hire a patent lawyer in your home country who can work with the Greek or European Patent Office in order to discuss your options. There should be channels through the WIPO that allow things like these to be resolved almost exactly like they're on a local level. I'm guessing your options are going to amount to two things. Either pursuing your own patent on the technology in order to invalidate IBM's patent or presenting your evidence of prior art to invalidate IBM's patent. The former probably more expensive than the latter.
Normally patents are only valid in the country they are granted but lately there have been intellectual property laws that have tried to extend patents on a global scale. Normally on this site people seem to be against this, often applying the logic of following their local laws when it suits them. Example: Pirate Party. But now we're so concerned if suddenly this is American company gets an American patent on a foreigner's work.
cursing patent trolls
Um, that phrase has a particular meaning, one that I cannot find in your story. Who did IBM sue with your patent? Did they sue you? Did they wait for everyone to adopt HeapCheck and then sue them? If anyone in this story is considered the patent troll, it's going to be you if you waited a decade before ligating against IBM.
I would take Bruce Perens' approach and try working with IBM first. It's the cheapest, most sensible way to resolve this. You're angry but you just said you had forgotten about that work for seven years. Was your intention to leave that concept in the graveyard until you died, getting angry should anyone try to profit from it or license it?
My work here is dung.
Step 1 - Be a large company.
Step 2 - Afford the world's best lawyers
Step 3 - Sue
No luck for the rest of us.
I had to give a deposition on the IBM / SCO case, since I had access to AIX source code, and also worked for their Linux Technology center. Damn good folks! The lawyer worked for a law firm with a 5th Avenue address in New York City. Although he talked very polite with me, I had the feeling that he could skin me alive, if necessary.
Hey, sue IBM! No, bad idea.
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
They are claiming an improvement on your invention. That's why they reference it.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
I'm not Jewish, but do we really need a tag for this story that says "Jews?" Stereotype much?
I hate being bipolar; it's awesome!
I hope you were trying to be funny.
Here's how it works: the novel, non-obvious kernel of a patent is called the independent claim (or claims). Independent claims don't refer to any other claim. Any claim that refers to another claim is called a dependent claim. If you infringe on one of them, you also infringe on the independent claim. Therefore, the independent claims are the main ones that you have to focus on first.
Inventors add dependent claims in an attempt to keep somebody from building a new patent on the independent claim. Sometimes, these extended claims make the original invention much more interesting or marketable, but they still depend on the core concept in the independent claim. It has nothing to do with hiding the heart of your invention under a pile of meaningless legalese. I'm sure it seems like that to the untrained eye, though.
I am not a lawyer, but I am an engineer that has successfully defended my company against a frivolous patent suit.