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Patent Infringement Suit Includes Linking URLs In an Email

An anonymous reader points out a report at Groklaw about another new lawsuit from patent firm Intellectual Ventures against Motorola Mobility (they have an earlier patent suit against Motorola underway already). The suit seeks damages from alleged infringement of seven patents, most of which involve wireless communications and Motorola's use of Android. One of the patents, US5790793, is "A method and system for sending and receiving Uniform Resource Locators (URLs) in electronic mail over the Internet." Intellectual Ventures' complaint (PDF) says Motorola product that implement MMS violate this patent. PJ at Groklaw thinks this is another patent attack on Android: "And guess where IV got these patents? Not directly from the USPTO. I'll give you a big hint. Some of them, from what I'm seeing, are from working companies. Don't they call that privateering, when active companies outsource their patents to trolls to do their dirty work? Why yes. Yes, they do. Can you guess one company in this picture? Someone helping Microsoft in its anti-competitive attack on Android and Linux, you say? Yes, one of the companies that seems to have transferred two patents to IV for its holy quest is Nokia, Microsoft's 'partner in crime', as I like to think of them. I know. You are shocked, shocked to know that patents are being used anti-competitively in a court of law."

27 of 124 comments (clear)

  1. 1995, damnit. by ZorinLynx · · Score: 3, Interesting

    I was doing this in 1995. I think it's safe to say there's prior art. And it's mine. I'm such an artiste!

    1. Re:1995, damnit. by Anonymous Coward · · Score: 5, Funny

      I'm sure the NSA archived some.

    2. Re:1995, damnit. by ShanghaiBill · · Score: 2

      I seem to recall if a company sits on their hands until the technology is ubiquitous, their patent claims usually get thrown out.

      Nope. You are thinking of trademarks, which have to be enforced to remain valid. Patents have no such "use it or lose it" provision.

    3. Re:1995, damnit. by garyebickford · · Score: 3, Informative

      This was a thing in NextStep back in the late 1980s - early 1990s, I believe. It did not link to WWW, because that had not been created yet, but did link to items anywhere in the Andrew filesystem, which used the same link format - that format was adapted by Berners-Lee when he created WorldWideWeb. An Andrew file location looked like //some.dns.domain//some/path/to/file. It also opened up other applications, including FTP, image viewers, sound files, etc. and an email in NextMail looked a _lot_ like an early web page. Lee's work was really a pretty logical extension of NextStep applications.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    4. Re:1995, damnit. by jrumney · · Score: 2

      The Doctrine of Laches does apply to patents. Basically this patent has had widespread "infringement" since before it was approved, due to the fact that it was obvious to anyone skilled in the art at the time. And only now in the final moments before it expires do they start selectively enforcing it against a competitor that Microsoft wants to make go away.

  2. Patent trolls vs. spammers by SirGarlon · · Score: 5, Interesting

    Does that mean we can sic the patent trolls on the spammers? Hold on, lemme get some popcorn!

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  3. Annoying, but courts have already ruled on this by Guspaz · · Score: 5, Informative

    The courts have already ruled that taking something existing and "doing it over the internet" isn't patentable. By extension, taking a URL that could be sent on a printed letter and "doing it over the internet" isn't patentable.

    That said, the patent isn't actually about sending URLs in an e-mail, it's about automatically displaying destination content of a URL in the e-mail itself. For example, how gmail has an option to replace any YouTube URLs with the actual YouTube video in the e-mail. While that also doesn't sound patentable to me, I can't point out precedence like I can with the "doing it over the internet" patents.

    1. Re:Annoying, but courts have already ruled on this by Sique · · Score: 3, Informative

      The first Mozilla browser did it already. Instead of linking to an image (which would then open in an external viewer), it displayed the image inline.

      --
      .sig: Sique *sigh*
    2. Re:Annoying, but courts have already ruled on this by Eristone · · Score: 2

      Quarterdeck's mail client did though if memory serves and was released for Windows 3.11 in early 1995/late 1994. I'll have to see if I still have my install disks and see what was supported...

    3. Re:Annoying, but courts have already ruled on this by garyebickford · · Score: 2

      Yes. This was before security and the general level of bogosity was a big deal. The first Internet worm appeared in 1988, the same year the NeXT machine was introduced. Ahh, the good old days ...

      In point of fact, Tim Berners-Lee's "World Wide Web" program was inspired by and built on the NeXTstation, taking advantage of the combination of Unix underneath topped by object-based systems with transparent network access. Almost any application could incorporate objects from any other application, so the Webster's Dictionary had both audio and video clips in it, and spreadsheets could also have media of any type attached to a cell. (Lotus had a really cool object-based extension of spreadsheets - I forget its name. It took a while to get past the old assumptions, but once you did it was great. It died with the NeXT.)

      I worked as product manage on a product called PaperSight, which was a network based document management system - any document of any type could have annotations that overlaid the document, and both voice and video notes attached to any point on the document. It was better then than anything I've seen since, and it's been 20 years. Even the Mac OSX today isn't really as capable and clean as NeXTstep was back then.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  4. The Spirit of the law is taking an awful beating by ackthpt · · Score: 3, Insightful

    Technical aspects are being used to commit the sort of large scale larceny mobsters never dreamed up while threatening a shop keeper for a protection racket.

    It's all turning into legalized extortion.

    --

    A feeling of having made the same mistake before: Deja Foobar
  5. Difficulty in proving prior art by Anonymous Coward · · Score: 5, Interesting

    Those involved in fighting the patent are looking to invalidate via prior art. One claim of special interest is the auto-fetch of data as stated in one of the claims. The amusing thing is that such a capability raises security concerns, so even older software would likely not do such thing, making it difficult to find prior art that performed such a function.

    Due to the dates in question, you are also dealing with the following obstacles: software in environments (e.g unix) that today's people do not understand (e.g command-line/batch), software that is no longer in use, developers of old software that still exist and can be found, and/or a verifiable paper/digital trail to establish dates when specific functionality was available.

    BTW, the patent claims is not specific to URLs, but anything that specifies the location of some resource. Hence, older, non-URL-based methods that were implemented can be used to establish prior art.

    P.S. Posting as AC since I may have some involvement with the case.

    1. Re:Difficulty in proving prior art by sjames · · Score: 2

      Xanadu probably fits the bill. In particular, transclusion.

      A browser's handling of the IMG tag.

    2. Re:Difficulty in proving prior art by garyebickford · · Score: 2

      I've already said this twice in other replies, but here's another - NextMail had this capability in the late 1980s - early 1990s, including links to files on other hosts anywhere in the world (on the internet) using the Andrew file system.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  6. Nathan Myhrvold and associates, /. celebrities by arielCo · · Score: 5, Informative
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    This post contains no rudeness or derision of any kind. All arguments are friendly. Terms and exclusions may apply.
    1. Re:Nathan Myhrvold and associates, /. celebrities by arielCo · · Score: 2

      I fear that ten more will sprout in their place. They need to be prevented from breathing (i.e. suing without producing).

      --
      This post contains no rudeness or derision of any kind. All arguments are friendly. Terms and exclusions may apply.
    2. Re:Nathan Myhrvold and associates, /. celebrities by Impy+the+Impiuos+Imp · · Score: 2

      It's the use of the shell companies that suggests scurrilous behavior on their part, making it difficult to track things to real people, or the actual real people rather than 10 layers of janitors acting as CEO figureheads of paper-only companies.

      Gaming the system may be legal, but is scurrilous.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  7. Specific method != title by NoKaOi · · Score: 4, Interesting

    It seems that slashdotters think that the title of a patent IS the patent. For any patent title "A method for doing X," it does not mean that any method for doing X is covered by the patent. The patent describes the specific method of doing X. Now, sometimes the specific method is still totally obvious, not novel, and/or has plenty of prior art. But just because the title says "Method and system to create, transmit, receive and process information, including an address to further information" does not mean or imply that it covers every method for doing so.

    Now that said, based on the abstract this is still likely a bullshit patent, I'm just sayin' don't assume so based only on the title because there are plenty of legit, novel patents that are titled in this manner. Of course, this is still just based on the abstract, I'm not gonna read the whole patent.

    Abstract
    A method and system for sending and receiving Uniform Resource Locators (URLs) in electronic mail over the Internet. An electronic mail document containing a URL may have several different types. If the message type indicates a URL, when the received URL type document is read or browsed using a multimedia Internet browser, the URL is looked up so that the information corresponding to the URL is displayed without necessarily displaying any portion of the received message. If the received document is of the Hypertext Markup Language (HTML) type, the document may be displayed and a user may "click" on the URL to look up the information corresponding to the URL. If the received document is of the text type, the text may be converted to the HTML format and the HTML format document displayed so that a user may "click" on the URL in order to look up the information corresponding to the URL without the need to type in the URL address.

    1. Re:Specific method != title by sribe · · Score: 5, Interesting

      It seems that slashdotters think that the title of a patent IS the patent. For any patent title "A method for doing X," it does not mean that any method for doing X is covered by the patent. The patent describes the specific method of doing X. Now, sometimes the specific method is still totally obvious, not novel, and/or has plenty of prior art. But just because the title says "Method and system to create, transmit, receive and process information, including an address to further information" does not mean or imply that it covers every method for doing so.

      The problem is not so much that the non-experts here assume that the patent covers all methods for doing X; the problem is that the patent trolls and their attorneys will pretend that the patent does so, threaten small companies using any other method of doing X, and ultimately, perhaps, try to confuse a jury between the patented method and some other method by focusing on the result rather than the method.

      So, although the patent does not actually cover all methods of doing X, it is actually reasonable to assume that is exactly what the trolls are claiming.

  8. Re:I Patent useing the letter E in a URL by coinreturn · · Score: 2

    I Patent useing the letter E in a URL cost $0.0005 per use

    Although E is extremely common in written English, you might prefer O - as in .com, .org, .gov

  9. Intellectual Vultures by ThatsNotPudding · · Score: 4, Insightful

    Everyone at IV with their own office needs to be lined up and gut shot.
    .
    .
    .
    Metaphorically speaking, of course.

    1. Re: Intellectual Vultures by Anonymous Coward · · Score: 3, Interesting

      Except they get free food and board for life, in what sick world is that justice? Have them check in with a parole officer every morning, for their daily punch to the dick - then off to highway cleanup duty. Win-win-justice.

      As someone who has done a bit of time in a high-security prison, you have to understand that even the food is a form of punishment. And to call it "board" is a way to describe the mattress in a very literal manner. Mix in the violence, the politics and the standovers, and life is a pretty nasty thing. As punishment, it's much worse than a death sentence. The latter is to protect society, the former is punitive.

      Although parole is pretty hard (I have years of it ahead of me) I haven't had to avoid any major fights, nor do I have to be constantly aware of what's going on around me (there's a distinct lack of people being stabbed in the kidneys because they owe a pouch of tobacco on the outside).

      And there is very little relation between justice and the law.

  10. All I ask for is a "." by Overzeetop · · Score: 3, Funny

    Pat, I'd like to solve the puzzle.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  11. Claim 1 by the+eric+conspiracy · · Score: 4, Interesting

    This is the actual material being contested:

    1. A method of communicating between computers, comprising the steps of:
    creating a message at a first computer, said message including a reference to a predetermined location;
    transmitting, by the first computer, said message to a second location; and
    receiving said message by a computer at the second location;
    decoding said message by the computer at the second location by retrieving data from the predetermined location, automatically by a single application, without requiring user interaction, into the computer at the second location.

    So actually this looks like a dandy malware vector. Send an email with a link; the receiver then downloads the content from the link without human intervention.

    I'd be upset if my email client was doing this.

    1. Re:Claim 1 by PPH · · Score: 3, Funny

      So, can we sue IV if our computers start automatically loading this malware?

      --
      Have gnu, will travel.
  12. Bill Gates is being abusive, again. by Futurepower(R) · · Score: 4, Interesting
    "... large scale larceny..."

    That larceny is being done by Bill Gates, along with his partner, Nathan Myhrvold. Bill Gates owns stock in Intellectual Ventures. He is a somewhat silent partner.

    Bill Gates and Nathan Myhrvold wrote a really, really poor book together, The Road Ahead. People bought the book thinking it would have useful information. But it seems as though several editors must have examined the book very carefully to make sure it had nothing of value. In my opinion, it was fraud, a way of stealing from people who bought the book because they assumed they would learn something.

    Quote from the Wikipedia page:

    The New York Times review called the book "bland and tepid" and reading "as if it had been vetted by a committee of Microsoft executives"; it is "little more than a positioning document, sold in book form with accompanying CD-ROM and designed mainly to advance the interests of the Microsoft Corporation."

    It appears to me that Bill Gates is using "philanthropy" to find ways to make more money. He discovers difficulties people have, asks for ideas for technology to fix those difficulties, and then turns those ideas into money-making projects for Intellectual Ventures.

    To read more about how they use business to do what many regard as evil, read the August 21, 2012 article, Inside Intellectual Ventures, the most hated company in tech.

    1. Re:Bill Gates is being abusive, again. by Futurepower(R) · · Score: 3, Informative

      Here is a list of a few of the abuses: TechRights on Intellectual Ventures.