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Details You're Not Supposed To See From Boston U's Patent Settlements

curtwoodward (2147628) writes "In January, Boston University settled lawsuits against two dozen big technology companies for allegedly using its patented blue LED technology without permission. But apparently, the school's lawyers were a little too forthcoming for everyone's tastes — they recently asked a federal judge to delete a court filing that spelled out all of the companies who settled. Luckily, we still had the unredacted version, which shows that Apple, Amazon, Microsoft, Motorola and many more are on the list, even if they don't want you to know it."

130 comments

  1. Universities should have no patents by Anonymous Coward · · Score: 5, Insightful

    Universities should serve the public good. Anything created there should go into the public commons and be available to anybody and everybody to use. When you make the choice to be, or work at, a university you trade profit for service. If you can't accept that, then work somewhere else, or be some other type of an institution than a university.

    1. Re:Universities should have no patents by brainboyz · · Score: 4, Insightful

      Agreed, double dipping on "private" profits and public funds seems a little...what do they always call the private sector?...Oh yeah, greedy.

    2. Re:Universities should have no patents by alen · · Score: 1

      yeah, now who is going to pay for all that lab equipment, the scholarships for all the kids to work in the lab, salaries for people to work in the lab

    3. Re:Universities should have no patents by HornWumpus · · Score: 1

      When you start your own university, you will get to make the rules. Until then; they have given your thoughts all due consideration, even though they've never read them.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Universities should have no patents by schneidafunk · · Score: 1

      I disagree. A better method may be to use the profits for lowering educational fees for students or developing more research, instead of accepting tax payer money. However, I would like to see scientific papers released for free.

      --
      Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    5. Re:Universities should have no patents by TheGratefulNet · · Score: 3, Insightful

      students and alumni?

      or, has the model of 'students pay to atten' no longer enough to keep the uni's afloat?

      given how much textbooks cost these days, you'd think they'd all be rolling in money and not need to sue companies.

      then again, any time a company of large size is sued, god saves the life of a puppy. so there's that going for it; which is nice.

      --

      --
      "It is now safe to switch off your computer."
    6. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Patents are upheld by the Constitution and ultimately The People. If we decide that any institution that receives federal money cant have patents, thent that is what will happen.

    7. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Don't hire graduates from universities that might sue you. 8^P

    8. Re:Universities should have no patents by sconeu · · Score: 2

      BU is a private university. I see your point for public universities, but a private entity should be able to do what it wishes in this regard.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    9. Re:Universities should have no patents by g0bshiTe · · Score: 1

      Subsidy that's what they call it.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    10. Re:Universities should have no patents by HornWumpus · · Score: 0

      Are you 12? Any such rule can be worked around easily. The only purpose for such a rule is to send even more money to shysters.

      This is not the first time some idiot has suggested a stupid rule without considering the unintended consequences. Please educate yourself about similar history.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    11. Re:Universities should have no patents by ebno-10db · · Score: 1

      Are you referring to the type of public entity that is tax exempt and gets lots of federal funds? Drop that and maybe you have a point.

    12. Re:Universities should have no patents by ebno-10db · · Score: 4, Informative

      Blame the Bayh–Dole Act. When it was passed, it seemed to make sense. It had wide support - Bayh and Dole were on very opposite sides of the aisle. In practice it's meant that universities are more worried about protecting their "intellectual property" than about publishing and disseminating research results. For that reason a lot of academic researchers are unhappy about it too. It's time to take what turned out to be a bad ides and ditch it. Universities shouldn't be run the way for-profit companies are.

    13. Re:Universities should have no patents by Silas+is+back · · Score: 2, Insightful

      When Universities invent something, like blue LEDs, and put it out there "for free", it doesn't serve the public good. What it will serve is the large companies who need the technology and now get it for free, paid for by taxpayer money. The University gets nothing from the invention, the students don't get to profit from lower tuition fees (no, tuition fees are by far not enough to cover a University's expenses) and the public good gets nothing else than to pay taxes and the possibility to build a company assembling blue LEDs without having to worry about patents. Well, I guess that's something.

      --
      this sig is useless
    14. Re:Universities should have no patents by Impy+the+Impiuos+Imp · · Score: 1

      Tuition increases are being absorbed by growth of non-teaching positions, not by better professor salaries or lab equipment.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    15. Re:Universities should have no patents by HornWumpus · · Score: 1

      A non-profit is not tax exempt. Federal money comes with restrictions, but there are limits to the control that buys the feds. There are already schools that won't let you use any federal aid for tuition because of the baggage that comes with the money. Granting they are, at this point, really nutty religious schools.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    16. Re:Universities should have no patents by davester666 · · Score: 1

      It's the KY of the private sector.

      --
      Sleep your way to a whiter smile...date a dentist!
    17. Re:Universities should have no patents by alen · · Score: 1

      yeah, and everyone is saying how expensive tuition is these days and how people are graduating with too much debt

    18. Re:Universities should have no patents by ebno-10db · · Score: 1

      has the model of 'students pay to attend' no longer enough to keep the uni's afloat?

      It hasn't been enough in many years, at least here in the US for research funding. There is loads of federal funding for research, and sometimes from companies and foundations. That's fine by me, but universities using "intellectual property" is exactly the opposite of what they should do.

      P.S. What country are you from? "Uni's" isn't American slang, so I'd guess it's not the US. I ask because I'm curious what the situation is in your country.

    19. Re:Universities should have no patents by alen · · Score: 1

      because everyone wants their college to provide every service under the sun these days

    20. Re:Universities should have no patents by ebno-10db · · Score: 2

      Please educate yourself about similar history.

      Take your own advice - the appropriate history is before the Bayh–Dole Act. It worked fine before 1980, though according to you, the people who thought it worked fine must have been 12 y.o or idiots. Funny how such people managed to do important academic research.

    21. Re:Universities should have no patents by Bill_the_Engineer · · Score: 2

      Research scientists are not usually the same people who teach college classes. Their research is funded by grants and licensing revenue NOT tuition. Tuition is used toward the education of the student.

      Performing research and furthering science is a mission of a university.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    22. Re:Universities should have no patents by Lumpy · · Score: 1

      The rich dead guy's estate who's name is on the building the equipment resides in.

      --
      Do not look at laser with remaining good eye.
    23. Re:Universities should have no patents by Anonymous Coward · · Score: 1

      Textbooks aren't sold by universities. At least not by my university.
      My university supplies a list of books required for each course.
      The students have the choice of buying it from the student organizations (who sell for very little profit), or buying it from amazon or something.
      Student tuition covers the lectures and exams and time for professors to teach.
      All the other stuff is paid for by grants and collaborations with companies.
      The other stuff is the stuff that universities are actually known for. You know, all that research.
      Or maybe you want to increase tuition so each student can pay for the fab, FPGAs, high voltage lightning generators and whatever else they might want to work on.

    24. Re:Universities should have no patents by RenderSeven · · Score: 4, Insightful

      As NPR pointed out a few months ago, "Do universities really need a Director of Diversity at $175,000 per year?"

    25. Re:Universities should have no patents by ebno-10db · · Score: 2, Informative

      Federal money comes with restrictions, but there are limits to the control that buys the feds.

      Before the Bayh-Dole Act of 1980, the restriction was that patents that came from federally funded research had to be assigned to the feds. Worked fine. Repeal Bayh-Dole and it will work again. If BU or any other school doesn't like it, they can refuse to accept federal funding. What option do you think they'll choose?

    26. Re:Universities should have no patents by mysidia · · Score: 1, Insightful

      Universities should serve the public good. Anything created there should go into the public commons and be available to anybody and everybody to use.

      They do serve the public good; they are non-profit in the sense that the license proceeds are funding more academic research and the administrative costs / management overhead. Everything created there is available to the public; you can read all about it, if you just pay the proper academic journal for the article. If you want to use it commercially for profit, you just need to pay a small licensing fee for each user, each copy you make, each unit you sell, or each seat that you license --- in order to help pay for more research.

    27. Re:Universities should have no patents by HybridST · · Score: 1

      To counter your anecdote my University *does* sell textbooks. I've bought lab manuals the-day-of when I forgot them before my commute.

      --
      Ever notice that Cobra Commander sounds an awful lot like Star scream?
    28. Re:Universities should have no patents by fnj · · Score: 0

      Grow up. AC has the common sense you lack.

    29. Re:Universities should have no patents by Grishnakh · · Score: 4, Insightful

      Oh please, what a load of crap. Yes, large companies will get the tech for free (though they'll only get the very basics, they'll still have to develop manufacturing techniques, which the university research isn't going to help them with that much). But it's not just one company, it's ALL companies that have a desire to use this tech. And then the rest of society benefits from having the knowledge, and the technology cheaply available since all competitors now have it.

      It's no different than open-source software. Having it out there enriches everyone, even when big companies use it for their own purposes, or build products based on it. It advances the state of the art faster, increases quality, and reduces costs (resulting in reduced prices to end-users). You really think we'd be better off if all our consumer routers and various other devices had to pay $$$ for VxWorks licenses rather than having Linux and BSD available for free?

      The University gets recognition for their invention.

      and the possibility to build a company assembling blue LEDs without having to worry about patents. Well, I guess that's something.

      That's a very big something; it's the whole idea. Patented tech with high license fees doesn't benefit us as much as freely-available tech.

    30. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Does that apply to private Universities as well?

      Universities also have facilities and eqipment that can and are made available to individual inventors, for which the Universities charge a fee. Should that work go to the public good? Or is the public good served by providing the services to individual inventors?

      It is a gross oversimplification of the perceived issues to suggest that a University should have no patents.

      Which leads me to ask the question - how are you actually addressing the point of the article? As in, why does BU want the info redacted?

    31. Re:Universities should have no patents by WillAffleckUW · · Score: 1

      Perhaps, but at the University of Washington, textbooks are sold by the Alumni Association, and have been since they founded the UW Bookstore back about 100 years ago.

      Most of what students think of as "the University selling me books" is actually something a student association or other non-profit organization does, at most Universities.

      --
      -- Tigger warning: This post may contain tiggers! --
    32. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      As NPR pointed out a few months ago, "Do universities really need a Director of Diversity at $175,000 per year?"

      If you want them to enroll minority students without being offensively racist about it they probably do.

      A "Director of Diversity" sounds like the guy who's job it is to make sure the get X number of blacks, hispanics, etc. without actually setting race based quotas.

      The salary sounds pretty high to me, but then again without context of location and the qualifications of the position it's hard to say for sure that it's overreaching.

    33. Re:Universities should have no patents by ColdWetDog · · Score: 1

      Is this a rule 34-type thing?

      --
      Faster! Faster! Faster would be better!
    34. Re:Universities should have no patents by liquid_schwartz · · Score: 1

      It could serve the US taxpayer good if the requirement was "for free" as long as the company was based in the US and the end product was manufactured in the US. With a little thought most things can be made to serve the public good while still enabling an economy to function and entrepreneurs to flourish.

    35. Re:Universities should have no patents by gnupun · · Score: 1

      BU is a private university. I see your point for public universities, but a private entity should be able to do what it wishes in this regard.

      But what about the grad/phd students who actually invented this stuff? Do they see even a penny of this settlement? I don't think all the lab equipment and tools in the world is worth 100% of the patent rights going to the university.

    36. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Bullshit. many startups occur because of the tech developed at a University, which goes on to benefit the university, the researchers and people who use the product. Without the incentive of exclusivity, many techs wouldn't even occur.

      Blame the broken patent system instead.

    37. Re:Universities should have no patents by Pigeon451 · · Score: 2

      You obviously have no idea how research at a University works. The money from students, etc. goes to running the school. The vast majority of funds for "research" is acquired through grants and collaborations by faculty, many of which have value in the millions. The school provides the infrastructure, and graduate students. Undergrad students may work in the lab, but they do not really contribute to novel research.

      Also blame the textbook costs on the publishers, not schools and requiring new books each year. What a racket.

    38. Re:Universities should have no patents by Anonymous Coward · · Score: 2, Interesting

      It depends on University policy. My name is on a patent developed at a university while I was a student and part of my contract grants me a portion of any procedes that might come from it. Some universities are less generous.

    39. Re:Universities should have no patents by hey! · · Score: 1

      I don't see how holding patents in itself is intrinsically contrary to a university's purpose as a research and educational institution. The express purpose of the patent system (in the US anyway) is to advance knowledge, and the deal is this: you reveal publicly how your invention works in return for exclusive economic rights to the invention for a limited time.

      While common law trade secrets are clearly in conflict with the a non-profit university's duty to advance human knowledge, patents are not because they require you to publicly disclose how the invention works.

      Now there are *other* problems with the patent system, namely stupid patents that are granted (including business method patents as a whole). Term lengths for certain kinds of patents should be shortened (e.g., in fast-moving fields, patents that aren't commercially exploited by the holders, and design patents generally). But those are issues with the patent *system*.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    40. Re:Universities should have no patents by RabidReindeer · · Score: 1

      It's VERY different from open-source software.

      You don't have to pay patent license fees to use open-source software. A company that wants to mass-produce blue LEDs using a discovery owned by XYZ University may have to develop mass-production technigues and equipment - which they can patent themselves - but they still have to pay XYZ for the basic idea, and if the fee they pay is based on the number of LEDs produced, then you pay for it twice.

      Once when your taxes become the research grant that funded XYZ U.

      Once when you pay the price of the royalties for each LED you buy.

    41. Re:Universities should have no patents by RabidReindeer · · Score: 1

      I don't see how holding patents in itself is intrinsically contrary to a university's purpose as a research and educational institution. The express purpose of the patent system (in the US anyway) is to advance knowledge, and the deal is this: you reveal publicly how your invention works in return for exclusive economic rights to the invention for a limited time.

      It's the "for a limited time" throttling that's the problem.

      The ideal of a university is that it's for the promotion and advancement of knowledge. Making a profit off the process isn't part of the ideal, and that's why univeristies are often non-profit organizations.

      If you retard that by limiting it to paying customers for a time, it's a bit hypocritical.

      If you retard that by limiting it when the public provided much of the funding for the discovery, it's a LOT hypocritical.

    42. Re:Universities should have no patents by bws111 · · Score: 1

      Actually, it is nothing like OSS. First, and most obviously, is that there is almost zero cost associated with developing OSS. On the other hand, there is a tremendous cost associated with doing semiconductor research. The money to fund the research (including all the things that did not work) has to come from somewhere.

      The second thing that needs to be considered is what motivates people. For OSS, there are basically two groups contributing - people who are not paid (hobbyists) and business. Hobbyists, of course, don't need a motive - they do it because they enjoy it. A vanishingly small number of people are going to be able to develop blue LEDs as a hobby. However, must OSS contributions are from businesses. So why do they do it? Because it has a good ROI. The money from their increased business more than offsets the cost of donating to OSS. And that is because nobody is making money selling OSS. They are selling some other product (support, hardware, whatever). The OSS itself is not the value they are selling.

      Now take the example of blue LEDs. Does it make even the slightest bit of sense to think that Apple, for instance, is going to go to the major expense of developing a blue LED to make their product look cool, then just give that away to everyone else? Why would they (or anyone else)? The only people who are going to have an interest in developing a blue LED are those who either want to sell blue LEDs, or they want to sell the technology to make blue LEDs. And in neither case does it make even the slightest bit of sense that they would give that away.

    43. Re:Universities should have no patents by mjr167 · · Score: 4, Informative

      One of my coworkers is teaching a class at the local university. They are paying him $6000 for the semester. He has 30 students, each student pays the uni $2600 to take the class so the uni got $78,000 in tuition for this one class and had to pay the professor $6000. Where do you think the money goes?

      It's an online class. There is no lab equipment, no building fee...

    44. Re:Universities should have no patents by bws111 · · Score: 1

      Patents DO NOT 'retard' the advancement of knowledge. Patents are open. Patents can be freely discussed. What you can not do is create a thing with that knowledge (without the permission of the patent holder). And I don't know of any university that claims it exists so any manufacturer can make stuff without having to spend money developing it.

      Your 'funding' argument makes no sense either. You yourself said that universities (and especially research universities) are non-profit. That means that all of the money they make goes back into the university. So, if some university patents some things, and makes money from that, clearly not ALL of the money provided for funding the discovery came from the public. A university that has both public funding AND recovers some of it's costs through patent licensing has more money to spend doing more research. Where, exactly, is the problem with that?

    45. Re:Universities should have no patents by Livius · · Score: 1

      If they prevent lawsuits, probably cheap at the price.

    46. Re:Universities should have no patents by Grishnakh · · Score: 2

      No, it's not different. What you're describing is the current system of university-owned patents. If it were like open-source software, you might pay a little in taxes for the research grant, but after that the knowledge is in the public domain and anyone can make blue LEDs without paying royalties, so blue-LED stuff is cheaper (since all competitors can use it, not just patent-fee-payers).

    47. Re:Universities should have no patents by Grishnakh · · Score: 2

      There is a cost to developing OSS: either time or money. Paid programmers don't work for free.

      A fair amount of OSS has been developed by the government or was funded by government efforts. TCP/IP was developed with government funding, as was Tim Berners-Lee's work. That stuff has had an enormous impact on society, all without royalty costs.

    48. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Well, it should be free for individuals and corporations who pay their fair share of taxes. Multinational corporations who have their world headquarters in the US, but pay most of their taxes in Ireland should get their free tech from Irish universities, not American ones. Give corporations a good financial reason to pay taxes where they make most of their money. This could be one way.

    49. Re:Universities should have no patents by jythie · · Score: 1

      Patents are how universities actually pay for their research. They do not get anywhere NEAR enough from grants and other funding sources to do what they do.

      If people truly want them to serve the public good and open up all their research, then they will have to also figure out where to get the money from.

    50. Re:Universities should have no patents by jythie · · Score: 1

      Keep in mind, the money does not just go into one simple pot and then departments pull back out. Student tuition goes to pay for things related to teaching students. Money for research comes out of grants and patents/licenses. There is going to be some overlap, but not as much as you might think. In fact often the research budget helps keep tuition costs down.

    51. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Boston University is a private university, not a public university.

      http://en.wikipedia.org/wiki/B...

    52. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      insurance, marketing, administration, insurance, legal costs (contracts for employment, course entry etc), record keeping, course auditing, IT/server hosting, insurance... and did I mention insurance?

      My pay rate is 10% of what I am charged out at. I don't see the problem with the figures you quoted.

    53. Re:Universities should have no patents by Anonymous Coward · · Score: 1

      BU is a private school and technically is no different from any other private company.

    54. Re:Universities should have no patents by Patent+Lover · · Score: 1

      Tell that to the sports departments.

    55. Re:Universities should have no patents by hey! · · Score: 1

      FYI, non-profit organizations are usually supposed to turn a profit. Generating more revenue than you need to cover your expenses is a normal and necessary part of a sustainable organization. In practical terms that means you have to aim for a profit. So in practice a non-profit operates almost exactly like a for-profit, except there are no proprietors to distribute the profits to. In a non-profit you simply put the profit back into the mission, or into growing the organization.

      A better name than "non-profit" would be "not-for-profit". In a for-profit, profit is the reason for the company's existence. In a not-for-profit, it is merely a financial constraint which determines whether the organization can survive and grow. It's like living to eat vs. eating to live. Eating might not be the purpose of your existence, but if you don't eat your existence will terminate.

      In practice this means you do a lot more things in a non-profit that are un-profitable than you would in a for-profit. But this makes the remaining profit-generating activities all the more critical. I know, I've been there, working in non-profits. We took our public mission seriously, but we also generated all the profit we could manage so we could keep the doors open while doing good.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    56. Re:Universities should have no patents by RabidReindeer · · Score: 1

      Actually, in the long-term, a non-profit is expected to break even (allowing for inflation).

      When it consistently makes a profit, it can reasonably expect questions from the IRS.

    57. Re:Universities should have no patents by RabidReindeer · · Score: 1

      I think that if I can know about something, but I'm legally prohibited from creating one of them myself unless I cough up enough cash, that counts as "retarding".

      I'm actually not sure these days just how many universities are profit, and how many are non-profit. But I do know that some of them have managed to amass immense amounts of cash into funds that don't appear to have much to supporting day-to-day operation of the school.

    58. Re:Universities should have no patents by bws111 · · Score: 1

      I think you need to look up the definitions of knowledge. Not one of them has the condition that a thing must be able to be used in practice.

    59. Re:Universities should have no patents by infinitelink · · Score: 3, Insightful

      It goes to administration, which like HR professionals always expands its own class, hence pay and lobbying power, hence tentacles through a system, and then repeat. Give all a raise--and throw-in tenured profs (especially those with admin privilges themselves) for good measure, and repeat again.

      To adapt Reagan's motto: "defund the [administrative class]."

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    60. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      At UCSD there are several positions with "diversity" in the title.

    61. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      Text books at universities are sometimes written by the professor who makes profit from each book sold.

    62. Re:Universities should have no patents by Bill_the_Engineer · · Score: 1

      Administrative fees, Utilities, Facility Maintenance, I.T. Expenses, Employee Benefits, Liability Insurance, Incidentals, etc.

      There are other people involved in teaching that class other than your coworker.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    63. Re:Universities should have no patents by RabidReindeer · · Score: 1

      I think you need to look up the definitions of knowledge. Not one of them has the condition that a thing must be able to be used in practice.

      If I know that something exists and how it's supposed to work - as stated in the patent - I have knowledge.

      If I know all of the above and I can experiminent with it, I can gain more knowledge. If I am forbidden from doing that, then my rate of acquisition of knowledge has been retarded. And that was the point.

    64. Re:Universities should have no patents by Anonymous Coward · · Score: 0

      I disagree.

      Universities should be allowed to hold patents, but they should NEVER be allowed to stop anyone from using them (as long as the "user" pays).

      If an University owned the patent on "a square with rounded edges" then we'd be rid of all these stupid Apple vs Samsung lawsuits - though, those two would probably try and find something else to fight about! :(

  2. Streisand effect? by biodata · · Score: 1

    Maybe Boston U have seen this coming, and in reality want to publicise the list. I for one had never heard of them owning a patent on blue LEDs before this, and now I see how even the big guys pay not to take them on.

    --
    Korma: Good
    1. Re:Streisand effect? by ruir · · Score: 1

      There is a vested interest of the big guys to pay patent rights no matter how stupid they are. If they pay, they create precedents for others to pay, and thus create a barrier for small players to arrive to the market, due to have to pay the patents too. Microsoft is known for actively encouraging this, either directly or via proxying.

    2. Re:Streisand effect? by fnj · · Score: 1

      Exactly. Patents are a bludgeon against peons to begin with.

  3. Settements? by Anonymous Coward · · Score: 0

    What are these settements of which you speak?
    It's in the headline no less.... Oh well, at least the "editors" didn't dub over engine and transmission noise.

  4. Suing customers instead of manufacturers? by ebno-10db · · Score: 0

    Apple, Microsoft, Dell, BlackBerry, Nokia, etc. don't make LED's, they buy them . Hence they're customers. Does this mean that the absurd idea of suing customers in addition to manufacturers has been accepted? Patent trolling is bad, but this is just plain nuts.

    1. Re:Suing customers instead of manufacturers? by Theaetetus · · Score: 3, Informative

      Apple, Microsoft, Dell, BlackBerry, Nokia, etc. don't make LED's, they buy them . Hence they're customers. Does this mean that the absurd idea of suing customers in addition to manufacturers has been accepted? Patent trolling is bad, but this is just plain nuts.

      Patents give the owner an exclusive right to make, sell, import, or use an invention. While customers aren't making, selling, or (sometimes) importing the product, they are using it.

      Now, that said, various exhaustion and indemnification rights may exist. In fact, frequently what happens is the patent owner sues a customer, the customer brings in the manufacturer as a third party defendant under rule 14, and then the customer walks away and the manufacturer and patent owner hash things out. Same thing occurs when there's a car accident - I sue you, you bring in your insurance company, and then I and your insurance company figure it out. I can't sue them directly, because I have no privity of contract with them or grounds for suit against them.

      This isn't anything to do with trolling - this is just a standard thing for when A has a cause of action against B, and B has a defense by way of C.

    2. Re:Suing customers instead of manufacturers? by bws111 · · Score: 4, Informative

      Say what? Exactly who are Apple, etc, customers of? Certainly not BU. And what do Apple, et al do with those LEDs? They import them into the US, then they sell them. And here is what the US Patent law says: Whoever without authority makes, uses, offers to sell, or sells any patented invention within the United States, or imports into the United States any patented invention during the term the patent therefor, infringes the patent. You know how long that statement has been in patent law? Since Thomas Jefferson wrote it.

    3. Re:Suing customers instead of manufacturers? by Anonymous Coward · · Score: 0

      So why would these customers settle instead of just "walking away", as you say?

    4. Re:Suing customers instead of manufacturers? by VortexCortex · · Score: 1

      Patent laws are truly ridiculous. We should banish them all because there is zero evidence that patents are beneficial for society. We can re-implement them if we have evidence they're useful, but we have none. The absurdity you note is due to the patent law which paints both use and inducement of infringement as forbidden by patent law. Therefore, not only are you in violation of patent law if you stumble upon an idea or wavelength that someone else already registered first and try to market it, but you're also not allowed to use the discovery yourself in your private business or even in the privacy of your own home for your own personal use.

      I have written operating systems completely from scratch using only a hex editor boot sector, coding with machine op codes editing executing memory, saving and loading via writing the code to load and store data between sectors and RAM. Using this simplest of tool possible (since boot from serial is missing on today's mainboards) I bootstrapped an editor, assembler, disassembler (then disassembled the assembler to get its source), and proceeded to create file systems and compilers and basic audio, graphics, and device drivers -- just for fun! I am fairly certain that it's illegal for me to use the OS I wrote from completely from scratch for my electronics & hobby projects or even to just write my memoirs in isolation because it's practically impossible NOT to accidentally "invent" a solution someone else has already thought of first and patented. Furthermore, how many new patents would be invalidated would that I could compare them against the prior art I refuse to open source for fear of lawsuit? IMO, such accidental patent infringement should be immediate grounds for invalidation of the patent on grounds of obviousness; However, there is no test for obviousness despite non-obviousness being a requirement for awarding of a patent.

      I must refuse to look in the PTO database to discover whether I'm correct (because that yields 3x damages if you have definite foreknowledge of infringement), and this is the same reasoning that engineers DO NOT USE the patent databases! The patents are useless because it's faster and safer to re-invent your wheel than LICENSE someone else's vaguely described solutions BEFORE you can discover if it will work -- don't want to accidentally infringe by making an implementation and testing it -- over and over and over until you find one that works.

      So, patents are essentially USELESS. They are useful to stifle competition not foster innovation. Mathematics, fashion and automotive designs wouldn't advance if patents were required for innovation, as these are prohibited from having patent protections and yet there the innovation is. We have only evidence for the null hypothesis, i.e., in opposition to the assumption that patents are beneficial for society and advancement of the useful arts or sciences. It's irresponsible to continue operating the world wide marketplace of ideas on an untested and unproven hypothesis. What if patents are holding us back needlessly? Wouldn't we want to find out sooner rather than later?

      Time to do the experiment and abolish patents. I say we go one market at a time, starting with software patents since they exist until the mid 80's anyway, and yet we made it to the personal computer without them.

    5. Re:Suing customers instead of manufacturers? by bws111 · · Score: 1

      They can't do what he said. The manufacturers of the LEDs have not infringed the patents, because they did not make, use, sell, or offer to sell the LEDs in the US, nor did they import them. Apple, et al, did that. What the customers can do however, if they are so inclined, is sue their suppliers (after they settle with BU.) But there is no way they can just pass the blame like he suggested.

    6. Re:Suing customers instead of manufacturers? by Type44Q · · Score: 3, Interesting

      Patent law says: Whoever without authority makes, uses, offers to sell, or sells any patented invention within the United States, or imports into the United States any patented invention during the term the patent therefor, infringes the patent. You know how long that statement has been in patent law? Since Thomas Jefferson wrote it.

      "Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices." - Thomas Jefferson

    7. Re:Suing customers instead of manufacturers? by bws111 · · Score: 1

      Do you honestly think that we would have near the things we have today if not for patents? Do you really think some hobbyists were going to invent the transistor, the microchip, the complicated and expensive processes and tooling for manufacturing ever smaller and more powerful chips, battery technology, touch screens, all the lightweight but strong materials we have, LEDs, whatever? If so, you are seriously deluding yourself.

      Patents have existed for only a few hundred years. People have existed for thousands of times longer. Why were the ancient Babylonians not walking around with cell phones? Why did Da Vinci's inventions only exist as drawings, and not practical things? How were we able to go from communicating only by sending letters to being able to to see and talk to someone anywhere on Earth with a small handheld device that weighs a few ounces? Could any of those things have to do with having a financial incentive to work on them? Just maybe?

      Nobody says that patents are REQUIRED for innovation to occur. The purpose of patents is to PROMOTE innovation. Yes, there will always be people who invent with no financial incentive (particularly for things that don't require any expense). However, there are millions of other people who are capable of inventing, but need to make a living. The purpose of patents is to urge THEM to invent. Whether that prodding comes in the form of making and selling your own products, or whether it comes in the form of a paycheck from someone else who is hoping to cash in on your work does not matter. The end result is things get invented.

      And your example sucks. You did not invent anything, you just recreated something by using the knowledge gained from the people who did invent those things. Come back to us when you have actually invented a useful or desirable thing, and someone else is making and selling it cheaper than you because they didn't have to go to the expense of inventing it.

    8. Re:Suing customers instead of manufacturers? by PPH · · Score: 1

      "Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, ...

      So England needs to serve us with a cease and desist order for copying their patent idea.

      Please, England.

      --
      Have gnu, will travel.
    9. Re:Suing customers instead of manufacturers? by DRJlaw · · Score: 1

      "Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices." - Thomas Jefferson

      "It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it, but when he relinquishes the occupation, the property goes with it." - Thomas Jefferson, very same letter.

      Please give me a call the next time your family departs on vacation...

    10. Re:Suing customers instead of manufacturers? by Sabriel · · Score: 1

      "He who receives ideas from me, receives instruction himself without lessening mine; as he who lights his taper at mine receives light without darkening me" - also Thomas Jefferson

      Your acreage of land, unlike an idea, cannot exist simultaneously in the minds of many. Please do not conflate the qualities of the tangible and the intangible.

    11. Re:Suing customers instead of manufacturers? by DRJlaw · · Score: 1

      Please do not conflate the qualities of the tangible and the intangible.

      I'm sorry, we're not dicussing the properties of the tangible versus the intangible. We're discussing the vicissitudes of natural versus social law. The quote and comment also have nothing to do with simultaneity.

      "Never mind that, look over here" is not a rebuttal. Thanks for playing.

    12. Re:Suing customers instead of manufacturers? by Sabriel · · Score: 1

      ... please explain to me how discussing the vicissitudes of natural versus social law does not involve the historical (and ongoing) hypocrisy of men conflating the tangible with the intangible for their own selfish purposes, or how your comment involving "the next time" has nothing to do with a problem of simultaneity.

  5. Re:another interesting fact by Arsist · · Score: 4, Funny

    You don't know what a signature is.

  6. That's it by ArcadeMan · · Score: 1

    Time to disconnect from the modern world and go live in a wooden cabin in the middle of the forest.

  7. Fair enough by Anonymous Coward · · Score: 1

    Ok fine.

    If universities must submit all research into the public commons, then corporations should stop getting subsidies/deductions/kickbacks. After all, thats public money. Corporations shouldn't be able to get public money AND private money.

  8. Blue LED's annoyance by Anonymous Coward · · Score: 0

    Everyone who uses a blue or white LED just got boned by this patent. Quick check how many damn things you have that have a blue power LED.

  9. Why? by msauve · · Score: 1

    No comments here as to why BU might want the parties kept private.

    Let me hazard to guess that the settlements/licenses included confidentiality clauses, and the publication of the names may somehow work against BU.

    OTOH, if BU brought suit against all these companies, wouldn't any post-settlement dismissal of those suits necessarily be a matter of public record?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  10. Wait for it! by Anonymous Coward · · Score: 0

    Streissand Effect in 3... 2... 1...

    1. Re:Wait for it! by Anonymous Coward · · Score: 0

      Not this time. Very few really give a shit about this.

  11. And...? by Chelloveck · · Score: 1

    Okay, the settlement was done a couple months ago. The only thing new here is that the lawyers want to retroactively redact some company names from the original paperwork. So... Where's the story? It's only a mildly amusing anecdote and I expect this sort of thing happens fairly frequently. I get the distinct impression that the submitter wanted me to see something more here but for the life of me I can't figure out what.

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
    1. Re:And...? by wiredlogic · · Score: 1

      It does also list the holdouts who haven't settled yet. Curiously, Cree and Lumileds are completely absent which makes one wonder what sort of deal they have.

      --
      I am becoming gerund, destroyer of verbs.
  12. typical by Anonymous Coward · · Score: 0

    BU strikes again. Worst university. Suffered 5 years there. Never seen a more uninspired campus, faculity, and management. Tritely riding on the success of other big universities, while simultaneously failing in all efforts to become a respectable instituion of learning. Stay away, and far away. All of the siren songs of "best program" and "best school" are lies.

  13. Re:another interesting fact by ackthpt · · Score: 1

    This alone is qualification for him to be a doctor.

    --

    A feeling of having made the same mistake before: Deja Foobar
  14. Even use after a first sale transaction? by Overzeetop · · Score: 3, Interesting

    Really? (and I say that as a genuine question, not some snarky reply)

    I always thought you could "make your own" from patent filings, you just couldn't sell/trade/traffic/commercialize it. So if I wanted to construct a swing in my backyard and use it in a sideways motion (with or without the Tarzan yell), such as currently under patent http://patft.uspto.gov/netacgi... , I could do so without fear of repercussion, but I could not sell such a swing setup to others without violating the rights of the patent owner. Your definition of "use" would prevent such a project in my back yard.

    I don't buy the auto analogy, mainly because the insurance companies have nothing to do with the suit, except though my contract with them for payment of an award. The only reason their lawyers get involved is because it's their money. I have a buffalo wireless router I purchased many years ago, and if the courts interpret "use" as you say, then I am in direct violation of several patents (since Buffalo, afaik, never paid for the patents they used)

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Even use after a first sale transaction? by Anonymous Coward · · Score: 0

      That patent is ridiculous. Luckily it was also re-examined due to a request a month after it was published and the re-exam cancelled all claims.
      So, swing away, or sideways, makes no difference!

    2. Re:Even use after a first sale transaction? by Theaetetus · · Score: 3, Insightful

      Really? (and I say that as a genuine question, not some snarky reply)

      I always thought you could "make your own" from patent filings, you just couldn't sell/trade/traffic/commercialize it. So if I wanted to construct a swing in my backyard and use it in a sideways motion (with or without the Tarzan yell), such as currently under patent http://patft.uspto.gov/netacgi... , I could do so without fear of repercussion, but I could not sell such a swing setup to others without violating the rights of the patent owner. Your definition of "use" would prevent such a project in my back yard.

      Yes, you are incorrect there. The statute is 35 USC 271 and states:

      Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

      Note that there's no commercial requirement - this is unlike trademark law, where infringement has to include commercial use, because federal trademark law comes out of the commerce clause, while patents are under Article 1, section 8, clause 8. Merely using a patented invention is infringement, even if it's for completely non-commercial gain. In fact, this why there was the whole big controversy over the BRCA1 gene in Assoc. for Molecular Pathology v. Myriad Genetics: one of the concerns was that if Myriad could patent an isolated gene, then scientists couldn't use that isolated gene even in their non-profit research on cancer cures.

      Two things, though: first, that swinging on a swing patent has been invalidated. ;)
      Second, for the most part, if you're making something for personal use in your home, the patent owner may never find out about it, so while you may be infringing, you're unlikely to get sued. Even if you do, the reasonable royalty for private, personal home use may be negligible. Let's pretend that the swinging patent was still valid and you did it... What's a reasonable royalty? A nickel? Maybe an entire quarter? It's going to cost someone at least $50k to file suit for infringement, and even if by some incredible odds you were found to willfully infringe and be held liable for their attorney fees, they'd still lose money, just due to inflation and lost investment opportunity. Plus, a judge would probably refuse the attorney's fees, because someone who sues over twenty-five cents is someone who is wasting the court's time, so why should they end up anywhere close to whole?

      I don't buy the auto analogy, mainly because the insurance companies have nothing to do with the suit, except though my contract with them for payment of an award. The only reason their lawyers get involved is because it's their money.

      But they have no right to interfere in the suit, even if it's their money, unless they can be made a party. That's what FRCP rule 14 is all about. As a result, they do have something to do with the suit, albeit indirectly to the main controversy. Civil procedure is weird that way.

      I have a buffalo wireless router I purchased many years ago, and if the courts interpret "use" as you say, then I am in direct violation of several patents (since Buffalo, afaik, never paid for the patents they used)

      Yes, quite possibly. It would depend on the claims at issue, of course.
      Specifically, some claims are written from an active client perspective - "receiving, by a router, a wireless communication; processing, by the router, the communication to do something really awesome; etc." Buffalo may make routers, but do they infringe such a claim?

    3. Re:Even use after a first sale transaction? by Overzeetop · · Score: 1

      Interesting. Seriously - thanks for the reply and link. For reasons I can't quite fathom, I find IP law fascinating - though it's only tangentially related to my work (engineer).

      --
      Is it just my observation, or are there way too many stupid people in the world?
    4. Re:Even use after a first sale transaction? by Theaetetus · · Score: 1

      Interesting. Seriously - thanks for the reply and link. For reasons I can't quite fathom, I find IP law fascinating - though it's only tangentially related to my work (engineer).

      No problem. I quite enjoy it - I was an engineer for 10 years, then shifted into patent law. It's a lot of fun, and really, it's just more engineering. Mind you, I don't do litigation, just working with inventors and the patent office.

    5. Re:Even use after a first sale transaction? by Anonymous Coward · · Score: 0

      Yes, you are incorrect there. The statute is 35 USC 271 [cornell.edu] and states:

      ....

      Note that there's no commercial requirement - this is unlike trademark law, where infringement has to include commercial use, because federal trademark law comes out of the commerce clause, while patents are under Article 1, section 8, clause 8. Merely using a patented invention is infringement, even if it's for completely non-commercial gain.

      Statutes are irrelevant when they contradict rights reasonably asserted under the 9th Amendment. Rights retained by the people being retained by the people, no entity of government may take away such rights, and the legal profession, acting collectively as an entity in society, may not take such rights either. Indeed, if such right could be taken away, they would no longer be retained by the people -- a contradiction.

      Amongst the rights certainly arising under the 9th Amendment are the right to not be subject to excessive law or excessive government, and the right to reasonable conduct. No person, in their home, can thus be required to determine whether some action or use of some technology falls under some patent before doing an arbitrary action at home, nor can any person be penalized for doing so.

      Excessive law creates an artificial demand for the services of legal professionals.

      The statue is, accordingly, overly broad and hence unconstitutional.

      Even in the case of commercial use of patents, there are a number of legal (and governmental) ethics problems inherent in the current patent system, a point that has been mentioned numerous times on Slashdot in the past. Similar considerations apply to Copyright law (including the DMCA).

      In general, current US patent and copyright law both violate the rights to ethical practice of law and ethical government, arising under the 9th Amendment (even the appearance of conflict of interest is disallowed), and thus are unconstitutional.

      Legal professionals, as a class in society, being in a position of ethical conflict of interest (on multiple levels) with respect to recognizing the authority of the 9th Amendment, it is likely that legal professionals will ignore these considerations and pretend the statute as written is valid. Aren't the Emperor's new clothes nice?

      This situation is much like the situation in the South when the separate-but-not-actually-equal system was in existence. Everyone with a functioning brain knew it was unconstitutional, but the legal profession found convenient to ignore this awkward fact.

      In both cases, the legal professionals involved are/were in violation of their oaths to uphold the Bill of Rights, but getting anybody to do anything about this is difficult. A government of the lawyer, by the lawyer, and for the lawyer necessarily has little accountability to the people.

  15. Did BU use taxpayer money to develop it? by Anonymous Coward · · Score: 0

    There's still something not right about taxpayer money being used to develop things the taxpayer is not allowed to use without paying again.

    Federal money should come with strings attached that require donation of anything developed with it to the public good.

  16. I love patent settements. by Anonymous Coward · · Score: 0

    They are great to have.

  17. Hick headline by fnj · · Score: 1

    Headline just sounds like some hick saying "Boston U". Everybody in the area knows it's always called BU.

    1. Re:Hick headline by Anonymous Coward · · Score: 0

      It's almost as if it was written for people outside of the area too.

  18. you would be wrong by Chirs · · Score: 2

    I always thought you could "make your own" from patent filings, you just couldn't sell/trade/traffic/commercialize it.

    Nope. Per Wikipedia, "...a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention...".

    Now usually it's not worth the time/effort to enforce patents against end-users since they generally don't have much money. But witness the patent trolls going after small businesses for "scanning to email" or the use of wi-fi (really, look up Innovatio IP Ventures).

  19. I have no problem with patents as intended by Chirs · · Score: 1

    If I come up with a way of doing something, I don't have a problem with you needing to either re-invent it from scratch or else pay me to use my idea.

    I do think that if you can show that you really did invent something from scratch *without ever seeing my invention or hearing about it* then you shouldn't have to pay me.

    Similarly, a patent should be on a specific implementation, not a general concept. This latter part seems to be a huge problem with many software patents...they try to patent a concept rather than a specific implementation of the concept.

  20. Re:another interesting fact by Grishnakh · · Score: 2

    As another poster said, you don't understand what a signature is. It doesn't have to be legible, it just needs to be a unique handwritten mark. It can be a quickly-drawn picture of an elephant if you want, as long as it looks much like all your other such pictures, and is hard for someone else to duplicate.

  21. Most of what students think of as "the University by Anonymous Coward · · Score: 0

    False, most Universities either run their own bookstore or contract it out to a for-profit organization such as Barnes and Noble. Just because University of Washington has a non-profit bookstore does not mean most do.

  22. Re:another interesting fact by Anonymous Coward · · Score: 0

    Please submit a copy of your signature so we have an example to study.

  23. Prior Art by Khyber · · Score: 2

    Nichia had blue Gallium-Nitride LED tech in 1994, and is in fact credited with its invention.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:Prior Art by bws111 · · Score: 1

      Uh, right. Too bad this patent was filed in 1991.

    2. Re:Prior Art by Khyber · · Score: 1

      Too bad prior art goes back even further than that.

      http://en.wikipedia.org/wiki/L...

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    3. Re:Prior Art by bws111 · · Score: 1

      Too bad the patent is not for blue leds, but for a method of making them.

    4. Re:Prior Art by Khyber · · Score: 1

      Too bad the method of making them was the same back then, GaN epitaxy.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    5. Re:Prior Art by bws111 · · Score: 1

      Well I am sure that all those companies will be very happy that you were able to find such obvious stuff to invalidate the patent when they couldn't. Or maybe you are just talking out your ass. Yeah, I'll go with that one.

    6. Re:Prior Art by Khyber · · Score: 1

      I do LED work for a living. I know Mr. Nakamura at Nichia.

      And the wikipedia entry is well-sourced, with not much of anything referencing BU.

      Perhaps you could bother reading the evidence, which you obviously have not.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    7. Re:Prior Art by bws111 · · Score: 1

      Instead of relying on Wikipedia, why don't you try reading the actual patents (which you obviously have not done)?

      The wikipedia entry says nothing about either Mr Nakamura's or Boston University's work in relation to these two patents (Mr Nakamura US 5290393, Boston University US 5686738). The patents are about how to grow the semiconductors, not simply what material they are made of. And those two methods of growing are, wait for it, different. Mr Nakamura grows the layers 'at at temperature of 900 to 1150.' Boston U grows it 'at a temperature of 600 in a nitrogen plasma'. This allows for a purer lattice without nitrogen vacancies.

    8. Re:Prior Art by Khyber · · Score: 1

      "Instead of relying on Wikipedia, why don't you try reading the actual patents (which you obviously have not done)?"

      I have. You're relying upon wikipedia instead of real life sources.

      But that is your problem, while I've made devices utilizing said patents and they can't do shit about it due to doctrine of first sale.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    9. Re:Prior Art by Anonymous Coward · · Score: 0

      Without the insults, the points remains:
      1) The patent is specifically for low-temp GaN nucleation, not GaN epitaxy in general.
      2) Major LED manufacturers who know all about how LEDs are made are settling instead of arguing prior art for low-temp GaN nucleation. Either any prior art is shaky at best and the patent is legitimate or it's not worth trying to fight and it's more evidence of a very broken patent system. Or maybe both.

  24. Re:another interesting fact by Anonymous Coward · · Score: 0

    but seriously, in many places they no longer teach kids how to handwrite cursive, so the younger generation's signatures are all a series of joined up block letters, and they can't make any sense of the old style of "joined-up" writing. a "J", an "r" or a "Z"? Just a jumble of lines. Find a teenager and ask them! Strange but true.

  25. Re:another interesting fact by slashmydots · · Score: 1

    Mine is GLORIOUS! Unfortunately, my signature (unlike Michael's) contains my first and last name so I won't post it here.

  26. Re:another interesting fact by slashmydots · · Score: 1

    So signing for computer parts at my competitor's store by drawing a cat paw print on their little writing strip thingy is alright?

  27. Re:another interesting fact by Anonymous Coward · · Score: 1

    Why not just write them normally? That's what I do, and I'm in my 40s. Cursive is a useless waste of time, much like schooling in general.

  28. Re:another interesting fact by Grishnakh · · Score: 1

    Legally, yes.

  29. Patents help fund education! by Theovon · · Score: 1

    I disagree. Think of holding patents as another way of funding an already cash-strapped educational system. A lot of schools are in need of better facilities for teaching students, many bright students are in need of scholarships, and professors are substantially under-paid compared to their industry counterparts. To do research (and get paid during the summer), you have to go out and apply for grant money, and not all of it can come from the NSF or other government agency. Organizations like SRC pool industry funding for research as well. So, if a professor or grad student invents something truly novel and actually worth patenting, why not leverage that as a means to bring more money into the school? This isn’t double-dipping anymore than it is double-dipping to use one grant-funded innovation as supporting work to motivate more grant-funded work. It’s more research funding to make the school run better and the royalties aren’t functionally a whole lot different from any other industry grant. It means that students, instructors, and researchers at that school will have better resources.

    What Boston U is doing exactly, I’m not sure. There was a big hubbub at Wisconsin recently too, but Guri Sohi is a MAJOR pioneer in computer architecture, so I’m inclined to lean towards his side there. When someone sues over patents, my first reaction is to assume they’re trolling. But universities aren’t shell corporations or patent trolls that produce no real innovations. Things most universities patent have already been published in peer-reviewed venues, unlike so much other crap that is snuck into the PTO, making them much more likely to be real innovations, often with functional prototypes and open source implementations. if anything, I would say that universities should get the benefit of the doubt WAY more than any other class of patent applicants.

  30. origins of patents by Anonymous Coward · · Score: 0

    Actually, the first patent, as we know them, was granted to Brunelleschi, the engineer who built the dome of the Duomo in Florence. He came up with a way to move very large blocks of marble, and it would be obvious to anyone watching how he did it. Because he couldn't keep it secret (the usual practice back then, and today), he received a document from some Duke or another saying that nobody else could do this.

  31. Blue LEDs should be banned by Anonymous Coward · · Score: 0

    They are harsh and look terrible. Not good for night vision either.

  32. Re:another interesting fact by mjc_w · · Score: 1

    When I use a credit card, I always sign completely illegibly. Nobody ever cares.

    --
    This is the Constitution.This is the Constitution under the Bush administration. Any questions?