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Jury Hits Marvell With $1 Billion+ Fine Over CMU Patents

Dupple writes with news carried by the BBC of a gigantic tech-patent case that (seemingly for once) doesn't involve Samsung, Apple, Microsoft, or Google: "'U.S. chipmaker Marvell Technology faces having to pay one of the biggest ever patent damage awards. A jury in Pittsburgh found the firm guilty of infringing two hard disk innovations owned by local university Carnegie Mellon.' Though the company claims that the CMU patents weren't valid because the university hadn't invented anything new, saying a Seagate patent of 14 months earlier described everything that the CMU patents do, the jury found that Marvell's chips infringed claim 4 of Patent No. 6,201,839 and claim 2 of Patent No. 6,438,180. "method and apparatus for correlation-sensitive adaptive sequence detection" and "soft and hard sequence detection in ISI memory channels.' 'It said Marvell should pay $1.17bn (£723m) in compensation — however that sum could be multiplied up to three times by the judge because the jury had also said the act had been "wilful." Marvell's shares fell more than 10%.'"

22 of 167 comments (clear)

  1. Go Go Alma Mater by Anonymous Coward · · Score: 5, Funny

    Now stop asking me for money.

    1. Re:Go Go Alma Mater by Jonah+Hex · · Score: 3, Funny

      No shit, they should dedicate a whole new building to Marvell Technology, with special thanks to the jury members. It would of course be known as the M.T. Building for short. - HEX

    2. Re:Go Go Alma Mater by poetmatt · · Score: 3, Insightful

      This pretty much makes CMU a patent troll. The $billions offered just shows juries have no idea what they're doing in regards to patents. 2 claims across 2 patents = billions? That by itself is ridiculous.

      Litigation lottery by a university is pretty despicable, though.

    3. Re:Go Go Alma Mater by Smallpond · · Score: 4, Informative

      Did they just buy the patent? Nope - it was invented at CMU. Are they involved in lots of litigation? Nope - search for "CMU sues" and you come up with Central Michgan Univ, not CMU. Did they offer to license it on reasonable terms? Yes - Marvell refused.

      Doesn't sound like a troll to me.

    4. Re:Go Go Alma Mater by poetmatt · · Score: 5, Informative

      Are you full of shit? yes. http://www.techdirt.com/articles/20121226/17582221493/patent-trolling-carnegie-mellon-wins-what-could-be-largest-patent-verdict-ever-12-billion.shtml

      don't waste my time with your false flag troll. Was it invented at CMU? no, but thanks for trying. Was this about licensing? no. Is this going to stand under appeal? no. The fact that other patents cover the same thing guarantees that there is a 0% chance that this was independently invented anywhere in the world, let alone by CMU which is not Central Michigan University.

    5. Re:Go Go Alma Mater by Smallpond · · Score: 4, Informative

      Its pretty clear that Techdirt didn't actually read the patents and just took Marvell's word that it covers the same thing. Read them.
      Also, they are wrong that CMU didn't offer to license. They pursued a license for two years. Maybe its you who are the troll.

  2. We Could Have Been Exploring The Galaxy By Now by lobiusmoop · · Score: 3, Interesting

    Look at this graph, move the time scale forward and change 'hole left by Christian dark ages' to 'hole left by fear of patent infringement'.

    --
    "I bless every day that I continue to live, for every day is pure profit."
    1. Re:We Could Have Been Exploring The Galaxy By Now by Anonymous Coward · · Score: 5, Insightful

      Critical thinker unthinkingly accepts chart with made up numbers.

    2. Re:We Could Have Been Exploring The Galaxy By Now by alen · · Score: 4, Insightful

      you're an idiot

      the Christian Dark Ages was a European event. China and the Middle East were the centers of science and learning at the time. China, The Eastern Roman Empire, Persia, the Arabs' conquered territories.

      the reason for the dark ages was that hundreds of different tribes of "barbarians" conquered the western roman empire. once they settled down their traditions of dividing the lands among all the sons created a power vacuum as the kids would go to war with each other. mostly small minor wars that no one remembers anymore. add the vikings pillaging as well. it took a few hundred years for Charlemagne and other strong monarchs to emerge and even then the empire was divided into 3 parts which caused all the wars for the next thousand years

      the Christian Church is kept some knowledge alive during these times. the kings and other nobles couldn't read and basic skills like reading, writing and making books was done by the Christian Church. these newly settled barbarians had no way to duplicate what the Romans had done. when the Turks had all but conquered the Eastern Roman Empire all the artists went to Europe to jump start the Renaissance

      China was sailing most of the world by the late middle ages and it was a dumb chinese king that stopped it that allowed Europe to rise up.

    3. Re:We Could Have Been Exploring The Galaxy By Now by tnk1 · · Score: 3, Insightful

      Which, was entirely politics. If the state didn't have an interest in burning heretics, they wouldn't have been burnt. That's why today, you can still kill people for not following the party line even in atheistic systems.

      And that graph is just a bad troll. There are so many levels to how absurd it is, that it would take all day to go through them. Of course, all I really have to point out is that there were no so-called Christian Dark Age in China, and they didn't fly to the Moon either.

  3. Re:punishment by Ifthir · · Score: 3, Informative

    What's with this urge to punish? What has Marvell done that's so evil? Other than being a powerful US corporation, that is.

    They made billions of dollars off the patents of others and didn't pay appropriately to the patent holders?

  4. Re:SSDs? by bill_mcgonigle · · Score: 3, Interesting

    Whether they've made billions from the supposed patent infringement, I can't comment on.

    One thing is for sure - CMU never would have made a billion dollars by selling products containing their "invention". Even assuming the patent is worthy and that Imaginary Property deserves to exist, they never would have made anything near that amount by licensing the technology.

    If they licensed the patent to Marvell for $1.5M the staff lawyers probably would have thrown a decent party.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  5. Re:Patent ware at the max ? by Waffle+Iron · · Score: 5, Insightful

    Maybe not. But maybe this verdict is actually a valid one?

    Use some common sense. That's $1.7B for two claims that make disk reads a little faster. That would mean that manufacturing entire hard drives, which contain thousands of "patentable" ideas, would be worth trillions of dollars, an amount comparable to the entire US gross domestic product.

    Even if the law technically allows such a ridiculous outcome, that doesn't make the situation "valid".

  6. Given just the titles of those claims, by Beryllium+Sphere(tm) · · Score: 4, Insightful

    The idea of a jury of non-engineers deciding on their novelty is at best weird.

    1. Re:Given just the titles of those claims, by Yabol · · Score: 5, Insightful

      The idea of a bunch of people from Pittsburgh voting to not give CMU a bunch of loot is at best weird.

  7. Re:UC, Berkley should've patented ideas in BSD Uni by Sponge+Bath · · Score: 3, Insightful

    A story about CMU suing Marvell for patent infringement and you are blabbering about Apple? You should realize not everyone shares your off topic obsession.

  8. IBM owned all those OS patents, and they expired. by emil · · Score: 4, Insightful

    At least, in the opinion of Linux Torvalds.

    Torvalds pointed out that basic operating system theory was more or less set by the late 1960s.

    “IBM probably owned thousands of really ‘fundamental’ patents,” he explained. ”The fundamental stuff was done about half a century ago and has long, long since lost any patent protection.”

  9. Another (better?) article on Ars by BillX · · Score: 3, Interesting

    Ars has another article; this one actually cites the patent numbers and specific claims found to be infringing.

    Reading one of the claims, I can't imagine how a jury of Joe Sixpacks could possibly come to a rational conclusion on whether or not infringement occured. I'm an EE and it's gibberish to me without putting some significant Google-time in. Claim 4 of US6201389, for example:

    "4. A method of determining branch metric values for branches of a trellis for a Viterbi-like detector, comprising:

            selecting a branch metric function for each of the branches at a certain time index from a set of signal-dependent branch metric functions; and
            applying each of said selected functions to a plurality of signal samples to determine the metric value corresponding to the branch for which the applied branch metric function was selected, wherein each sample corresponds to a different sampling time instant."

    --
    Caveat Emptor is not a business model.
  10. Great.... by Anonymous Coward · · Score: 3, Insightful

    A U.S. University trying to put a U.S. Technology company out of business. Way to go guys. There aren't too many U.S. Technology companies left, and this is why.

    We are putting ourselves out of business!

  11. Re:UC, Berkley should've patented ideas in BSD Uni by hairyfeet · · Score: 3, Insightful

    Uhhh...kinda sad when the Windows guy understands licenses better than the FOSS zealots. First of all you CANNOT STEAL from BSD, the code is still there for all to use as they see fit, instead of sticking a gun to your head and forcing you to "share", second Apple has given back a hell of a lot more than they have taken out, such as CUPS and Webkit, again just as BSD intended.

    Its actually quite simple, you want to lock something up in BSD land? Its not a problem but YOU are gonna be responsible for the fork you have just created, whereas if you CHOOSE to share your changes they can be incorporated into the mainline. Personally I find this to be much better that slitting the throat of the entire ecosystem because of the "blessed three" which is the only way to make money in Linux land. I of course am speaking of support, selling hardware, or the tin cup, which is why you don't see AAA games under FOSS or even a desktop that can compete with OSX, because too many niches aren't covered by the blessed three so you get half baked and poorly supported because there isn't any way to make money in all these areas not covered by the blessed three.

    But am I the only one that finds it ironic as hell that when a FOSSie rails against BSD they sound almost exactly like the *.A.A copyright trolls? Its all about stealing and "protecting the rights",hell you could take any FOSSie railing against BSD and simply change a few words and you'd have a classic MPAA/RIAA rant, almost no effort required to switch between the two.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  12. Re:simplicity by BillX · · Score: 3, Interesting

    Not really; an EE will see it as gibberish because this is a software algorithm patent. The fact that someone outside of the relevant field can tell it is outside their field does not make it novel. For all I know, this is an obvious and everyday implementation as viewed by satellite communications, compression or similar folks (or hard drive seek algorithm designers), but not to any old engineer (let alone any old Joe Sixpack). Which is exactly my point - a jury of randoms trying to decide a field-specialized patent case are no better than a bag of dice.

    --
    Caveat Emptor is not a business model.
  13. Re:Patent ware at the max ? by jythie · · Score: 3, Insightful

    For the same reason the US gave up on capitalism a century ago, pure systems fail.