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Microsoft, Apple and Others Launch Huge Patent Strike at Android

New submitter GODISNOWHERE writes "Nortel went bankrupt in 2009. In 2011, it held an auction for its massive patent portfolio. The winners of the auction were Apple, Microsoft, Sony, RIM, and others, who bought the patents for $4.5 billion as a consortium named Rockstar Bidco. At the time, many people speculated those patents would be used against Google, who bid separately but lost. It turns out they were right. Rockstar has filed eight lawsuits in federal court targeting Google and Android device manufacturers. 'The complaint (PDF) against Google involves six patents, all from the same patent "family." They're all titled "associative search engine," and list Richard Skillen and Prescott Livermore as inventors. The patents describe "an advertisement machine which provides advertisements to a user searching for desired information within a data network. The oldest patent in the case is US Patent No. 6,098,065, with a filing date of 1997, one year before Google was founded. The newest patent in the suit was filed in 2007 and granted in 2011. The complaint tries to use the fact that Google bid for the patents as an extra point against the search giant.'"

21 of 476 comments (clear)

  1. so tell me again... by new+death+barbie · · Score: 5, Insightful

    ... how is this a strike against Android?

    --

    It's supposed to be completely automatic, but actually you have to press this button.

    1. Re:so tell me again... by Anonymous Coward · · Score: 5, Interesting

      Wouldn't it be cooler if the summary was a wiki?

    2. Re:so tell me again... by Shag · · Score: 5, Informative

      “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.” - Steve Jobs

      This isn't a surgical strike. This is an attack on Google's primary business model and revenue stream. Nobody makes much profit off Android - most players make no profit at all. Google's deep pockets are basically the only thing keeping Android a going concern. But this is, definitely, the "nuclear option," going after so much more than just Android.

      --
      Village idiot in some extremely smart villages.
    3. Re:so tell me again... by Anonymous Coward · · Score: 5, Insightful

      Google's own patent bank, while not as large as it's competitors, is not insubstantial. We're about to see a legal mess of historic proportions. Law firms are going to make insane amounts of money.

      Oh and consumers will be paying the bottom line, can't forget that.

    4. Re:so tell me again... by Anonymous Coward · · Score: 5, Informative

      I would say that, if admissible, this "invention" (PDF) completely prevents any company from displaying ads alongside search results, killing Adsense:

      This invention relates to an advertisment machine which provides advertisements to a user searching for desired information within a data network. The machine receives, from the user, a search request including a search argument corresponding to the desired information and searches, based upon the received search argument, a first database having data network related information to generate search results. It also correlates the received search argument to a particular advertisement in a second database having advertisement related information. The search results together with the particular advertisement are provided by the machine to the user.

      We claim:
      1. A method of searching for desired information Within a data network, comprising the steps of:
        -> receiving, from a user, a search request including a search argument corresponding to the desired information;
        -> searching, based upon the received search argument and user profile data, a database of information to generate a search result; and
        -> providing the search results to the user
        -> Wherein searching the database includes correlating, as a function of a fuzzy logic algorithm, the received search argument and user profile data to particular information in the database, and providing the particular information as the search results.

    5. Re:so tell me again... by h4rr4r · · Score: 5, Insightful

      Which is so painfully obvious the phonebook is prior art.

      You go look under plumber and with the listing you see advertising.

    6. Re:so tell me again... by pegr · · Score: 5, Insightful

      No, I'd prefer an intelligent discourse of experts, perhaps moderated by a competent paralegal with years of experience researching such things.

      PJ, this post is for you. We NEED you. Please reconsider.

    7. Re:so tell me again... by Anonymous Coward · · Score: 5, Insightful

      Google's own patent bank, while not as large as it's competitors, is not insubstantial. We're about to see a legal mess of historic proportions. Law firms are going to make insane amounts of money.

      Oh and consumers will be paying the bottom line, can't forget that.

      Government by the lawyers for the lawyers.

      That's what the US really has...

    8. Re:so tell me again... by bill_mcgonigle · · Score: 5, Insightful

      "I'm going to destroy Android, because it's a stolen product."

      Jesus. Young Steve Jobs was pretty cool. Old, dying Steve Jobs was just an asshole whom young Steve Jobs would have mocked.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    9. Re:so tell me again... by tobiasly · · Score: 5, Insightful

      No, I'd prefer an intelligent discourse of experts, perhaps moderated by a competent paralegal with years of experience researching such things.

      PJ, this post is for you. We NEED you. Please reconsider.

      A thousand times this :( It's so sad that we don't have Groklaw to help sort this all out for us. Mr. Florian woke up with a massive hard-on this morning, spewing his usual hypocritical diatribe about how Google brought this all on themselves by not caving in the past. I can't stand the thought that he's the only "tech patent expert" who will be quoted in the news on all of this.

    10. Re:so tell me again... by Mr.+Bad+Example · · Score: 5, Interesting
      Ironically, there's prior art on that observation from over two thousand years ago:

      At last I went to the artisans, for I was conscious that I knew nothing at all, as I may say, and I was sure that they knew many fine things; and in this I was not mistaken, for they did know many things of which I was ignorant, and in this they certainly were wiser than I was. But I observed that even the good artisans fell into the same error as the poets; because they were good workmen they thought that they also knew all sorts of high matters, and this defect in them overshadowed their wisdom [...]

      --Socrates in Plato's Apology

  2. If you can't be the best by Revek · · Score: 5, Insightful

    Sue the best.

    1. Re: If you can't be the best by somersault · · Score: 5, Funny

      Your claim is childish and wrong.

      So's your face.

      --
      which is totally what she said
  3. wow. by Anonymous Coward · · Score: 5, Insightful

    Apple, Microsoft, and Sony (nobody cares about RIM), three of the biggest names in technology. Three of the most influential and powerful companies in the world. Three companies that have historically been in fierce competition with one another.

    And they had to gang up on Google.

    What does that say about how much they fear Google?

  4. Anti-Trust by ebno-10db · · Score: 5, Insightful

    Apple, Microsoft, Sony, RIM, and others, who bought the patents for $4.5 billion as a consortium named Rockstar Bidco

    I presume it's not, but that should be illegal collusion and an anti-trust violation.

    1. Re:Anti-Trust by bondsbw · · Score: 5, Insightful

      Ironically, the result of buying patents is now they have a legal monopoly.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    2. Re:Anti-Trust by JesseMcDonald · · Score: 5, Insightful

      Google has a virtual monopoly in search. Weakening Google's position in search would enhance not diminish competition.

      Weakening Google's position in search by providing something better would enhance competition. Weakening their position through bogus patent infringement claims is not competition; that's just dragging a more successful competitor down out of spite, to everyone's detriment. The whole point of competition, and the reason we generally try to encourage it, is that the best product wins. The goal is not simply to divide the market up as evenly as possible.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  5. Patent hell by msobkow · · Score: 5, Insightful

    Broken system. Too much politics, too much backstabbing, too much use of patents to tear down competitors instead of just arranging a reasonable fee.

    Abolish software and "business method" patents. They're not *things*, just ideas. They're not what patents were *created* to protect.

    --
    I do not fail; I succeed at finding out what does not work.
  6. Re:Justia link by amoeba1911 · · Score: 5, Funny

    This invention relates to an advertisement machine which provides advertisements to a user searching for desired information within a data network. The machine receives from a user, a search request including a search argument corresponding to the desired information and searches, based upon the received search argument a first database having data network related information to generate search results. It also correlating the received search argument to a particular advertisement in a second database having advertisement related information. The search results together with the particular advertisement are provided by the machine to the user.

    Yep... that's the "patent". Let's narrow this down a bit:

    This invention relates to an advertisement machine which provides advertisements to a user searching for desired information within a data network.

    Let's refactor this:
    "within a data network" - where else is he going to search? What if he's in a car? and who cares where he's searching?
    "user searching for desired information" - what other kind of information would he ever search for, undesired information? That's the whole point of "searching" is to find desired for information, so let's shorten that to "user searching" to get rid of redundancy.
    "to a user searching" - Who cares what the user happens to be doing at the time? What if they're scratching their ass, and the machine serves ads to the user scratching his ass? What the user happens to be doing is irrelevant.
    "machine which provides advertisements to a user" - what if the user is a web-crawler? Your invention will still work if it's a web crawler randomly pretending to be a user, so the invention is providing advertisements to not just a user, but to any client that connects. So we don't need to specify the "to a user" part either.
    "This invention relates to" - this is the abstract for your invention, we know what you're talking about already, don't repeat.
    "an advertisement machine which provides advertisements" - What else would an advertisement machine do? make coffee? By definition an advertisement machine is a machine that provides advertisements. Let's simplify this to "an advertisement machine"

    After removing all the fluff, we're left with just:

    An advertisement machine.

    Good job! This patent would be awesome if you also invented a time machine, because ads have been around for a very long time.

  7. The solution to ALL Intellectual Property problems by erroneus · · Score: 5, Interesting

    I always believed that the purpose of intellectual property to was to better ensure that the creator(s) of the thing had exclusive rights to their creations, ensuring their investments of blood, sweat and tears has a better chance of a return. But that's not what happens is it? No. What we have is an industry. And with any industry, we experience dehumanizing effects.

    What's the solution? We can write an increasingly complex set of laws to address specific predatory behaviors such as patent trolling. That won't solve the problems of giant industry players from fighting each other like giant Japanese monsters on the streets of Tokyo. The real solution?

    Disallow all intellectual property transfers. If you didn't create it, you can't own it. Then it reverts to its original purpose and intent and virtually removes all industrial activity. But what happens when the creators, authors and companies die? Does all that valuable intellectual property just vanish in a puff of smoke? Well? Yes. I would hope so.

  8. Where is PJ when we need her by G3ckoG33k · · Score: 5, Insightful

    I really miss Groklaw days like this