Slashdot Mirror


Apple Ordered To Pay $506 Million In Damages For Processor Patent Infringement (hothardware.com)

MojoKid writes from a report via Hot Hardware: Apple has been ordered to feed a recognized patent troll hundreds of millions of dollars for infringing on a patent that has to do with technology built into its A-series mobile processors. Initially Apple was on the hook for $234 million, owed to the University of Wisconsin-Madison Alumni Research Foundation (WARF) after it won a patent dispute against the Cupertino tech giant. However, a judge this week more than doubled the fine by tacking on an additional $272 million. U.S District Judge William Conley in Madison ruled that Apple owed additional damages plus interest because it continued to infringe on the patent all the way up until it expired in 2016. WARF is reportedly a non-practicing entity that exists only currently by defending its patents in litigation. The lawsuit filed in 2014 involves U.S. Patent No. 5,871,752, which describes the use of a predictor circuit that can help processors run more efficiently. WARF claimed the technology was used in Apple's A7, A8, and A8X processors that power the iPhone 5s, iPhone 6, iPhone 6 Plus, and various iterations of the iPad. Apple is not commenting on the matter, though it's being reported that Apple plans to fight and appeal the ruling.

119 comments

  1. Here we go again... by Gay+Boner+Sex · · Score: 0

    And this is one of the reasons I dumped my VLSI job.

    "Innovate" something that's pretty obvious, and your company gets sued. Most of the innovation is actually convincing management to try something. It isn't cheap, but the risks are low.

    Le sigh. Java developer it is. At least I can go into any Caribou Coffee and do my work from my laptop...................... (sigh)

  2. All that predictor technology... by K.+S.+Kyosuke · · Score: 3, Insightful

    ...and they still didn't see it coming!

    Having said that, is this WARF really a patent troll? My (foreigner's) understanding is that in the US, universities often expect some returns on their research in form of patent royalties.

    --
    Ezekiel 23:20
    1. Re: All that predictor technology... by Anonymous Coward · · Score: 5, Informative

      Agreed, WARF is not a patent troll. They genuinely represent university inventors and feed through licensing revenues to said inventors (in fact, for federally funded patents, this practice is required by law).

    2. Re:All that predictor technology... by Anonymous Coward · · Score: 5, Informative

      As a former researcher at the University of Wisconsin, I can reassure you that WARF is not a patent troll. WARF is a frequent target of accusations of being a patent troll, but they are a legit arm of the university. They get a bit of a bad rep because they're much more aggressive in asserting their patent rights than other public universities. The patents are certainly real, and they're based on real research. WARF won't pursue bullshit patents just because they think they might generate a payout, they only pursue stuff that is legitimately applicable and interesting.

      If anything, I'd say they're overly conservative in what they choose to patent. My grad research was patentable, but they opted not to just because THEY didn't understand the application. Wish I'd gone out and paid for it myself, it's the hot new thing in a certain growing tech sector.

    3. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      "troll" is moral term. legislating morality is impossible, so the requirements of law are irrelevant. prohibition was once required by law... right next to how much to feed your slaves.

      if you aren't going to bring your idea to market for a fair price, and then sue only those who are successful, you are a troll.

    4. Re:All that predictor technology... by Austerity+Empowers · · Score: 0

      It's the "non practicing entity" part that suggests they are a troll. If you're not practicing, you're not spending much money, and you don't really deserve a patent.

    5. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      The WI university system can and does spin off small businesses that put WARF-held IP into practice (for example, Cellular Dynamics). Calling it a patent troll just because inventors' spun-off businesses put IP into practice, rather than WARF itself, is a mischaracterization.

    6. Re: All that predictor technology... by mSparks43 · · Score: 1

      is there even such a thing as "patent troll"?

      The more i see that term used the more i read it as "bo ho ho [big corporation] got patent trolled [had to pay an inventor for their invention]"

      software slightly different, imho - but only if you dont believe software patents should exist in the first place.

      US has lost access to some breathtaking software in recent years because developers dont want to navigate that patent minefield, especially in healthcare research.

    7. Re:All that predictor technology... by Anonymous Coward · · Score: 2, Interesting

      Yes, in the 1990's US universities came to expect to rake in dollars based on the fact that many research projects undertaken at their labs and by their professors could be patented. This happened even at public, state-funded universities and research that was paid for by federal agencies like NIH. To put it briefly, US taxpayers funded the work and a few profs and administrators decided they could cash in because the rules allowed it. It's wildly immoral, though.

    8. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      The vast majority of WARF's income came from licensing, not from court cases (in the past at least, I haven't seen numbers from the last two years). They spend that money on funding more research and some education programs at the university. So it is like many other other R&D institutes, as opposed to trolls that get most income from court cases and playing tricks like letting companies use the patent for years before approaching them.

    9. Re: All that predictor technology... by 93+Escort+Wagon · · Score: 2

      My question is - who funded the particular research which resulted in these patents?

      If the answer is a US government entity, I don't think a university and/or faculty member should be able to hold the patents. If anything, the rights should go to some sort of trust which would license the tech out and then use the proceeds to either repay the government or else make additional funds available for research grants.

      --
      #DeleteChrome
    10. Re:All that predictor technology... by Anonymous Coward · · Score: 0

      Nobody expects the Spanish branch prediction!

    11. Re:All that predictor technology... by Anonymous Coward · · Score: 0

      You obviously have no familiarity with university research lab budgets.

    12. Re: All that predictor technology... by ShanghaiBill · · Score: 3, Insightful

      They genuinely represent university inventors

      That doesn't make them "not a troll". All trolls represent "inventors" in some way. But very very few of these inventions are "stolen". What generally happens is someone (Apple in this case) comes up with an idea independently, implements it in a real product, and is then sued by the troll for "stealing" the idea. Almost anything you can imagine is already patented. It is very rare for a company designing a new product to search the patent database for ideas to license, and equally rare for inventors to go out and market their inventions to established companies. The "inventors" are adding nothing of value to the process. They are just parasites. That doesn't change just because they work at a university.

    13. Re: All that predictor technology... by Anonymous Coward · · Score: 1

      This is why "first to file" patent systems are fucked. It costs hundreds of dollars to file a patent with WIPO. It often costs millions of dollars to bring a patentable idea to life in the form of a real product. If they're not actually creating products with their patented technology they're no better than domain squatters and spammers.

    14. Re: All that predictor technology... by hawkeyeMI · · Score: 2

      IMO patent trolls buy loads of patents with no intent to develop the technology or whatever into a product, and make money strictly by suing companies that they claim infringe the patents.
      I would not call WARF a patent troll. They are a University Tech Transfer office trying to commercialize the University's R&D. They are prosecuting their own patents.

      --
      Error 404 - Sig Not Found
    15. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      Uh, Apple didn't come up with this idea
      Independently unless they lived in a cave for the last 21 years. The patent application was filed in 1996, yet Apple "independently" put it into its iPhone 5? More likely they deliberately decided to use known technology without paying the inventor(s).

    16. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      That is exactly what apple did, hence the infringement. And the guilty verdict. apple is a parasitic thieving company.

    17. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      If anything, the rights should go to some sort of trust which would license the tech out and then use the proceeds to either repay the government or else make additional funds available for research grants.

      But then wouldn't that trust be the one that's accused of being a patent troll?

    18. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      The date the patent was filed is largely irrelevant. Nobody trawls through the existing patents to check for infringement, as doing so opens them up to wilful infringement penalties. Plus there's millions of them and they're mostly gibberish.

    19. Re: All that predictor technology... by dgatwood · · Score: 2, Insightful

      More likely they deliberately decided to use known technology without paying the inventor(s).

      More likely, they deliberately added technology based on one of the patents that they have a permanent joint license for from IBM/Motorola as part of their AIM Alliance deal in the late 90s, and the technology just happens to be very similar to what these folks independently invented and patented a few years later.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    20. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      It turns out that, no, profs and administrators didn't conspire to cash in because no one had closed a loophole.

      It used to be that inventions from publicly funded work weren't patentable. That changed with the 1984 Bayh-Dole Act. The reason was because before Bayh-Dole, it wasn't worth it for a company to develop a product based on information in the public domain. The stuff that comes out of a University isn't polished enough to tell you how to make a product, but it's enough to get your patent thrown out on prior art claims and make it easy for your competition to copy your work without paying for the cost of inventing.

      Bayh-Dole created an economic incentive to actually commercialize the work in University research lab and is a roaring success. There are thousands of multi-million dollar companies that are only viable because they can exclusively license University IP.

    21. Re: All that predictor technology... by gnupun · · Score: 1

      software slightly different, imho - but only if you dont believe software patents should exist in the first place.

      You should know that almost all hardware is written and simulated in some language like C before it re-designed in a hardware description language (HDL) like Verilog. Yes, your magical hardware innovation (that deserves patenting) was born as some piece of C software initially. Yet, that C can only be patented if you transform/translate it to a language like Verilog.

      Which points out to the BS that software should not be patentable.

    22. Re: All that predictor technology... by mSparks43 · · Score: 1

      "with no intent to develop"

      the point of a patent is that you do not need the means or capability to take an invention to market to make money on your idea. Otherwise why would anyone make their ideas public. everyone would just keep it secret and try to develop it themselves.

      So your description of a patent troll is actually just a description of a company looking after the rights of small inventors who made their inventions public for big corporations to use.

    23. Re: All that predictor technology... by mSparks43 · · Score: 1

      the only reason you need patents is when taking a product to market requires the vast resources of a big corporation. then there is a seperation between the inventor of an idea and the producer of an idea and a market failure whereby inventors have no incentive to make their inventions known and no means to take them to market.

      software does not require a big corporation to mass produce, therefore has no reason that i can see to grant monopoly rights to an "inventor" beyond the normal copyright mechanism automatically assigned.

      it is much harder to reverse engineer software than it is to just write it yourself.

      furhermore, because the us is the only country in the world that enforces software patents, it puts users of the software in the us at a disadvantage to the rest of the world, because they have to pay monopoly prices, and the rest of the world does not.

      this has very real consequences, for example making healthcare, construction and transport sections of the economy many times more expensive than the rest of the world.

    24. Re:All that predictor technology... by Anonymous Coward · · Score: 0

      Lol. It's the research part of "Research & Development" that often provides an expense barrier to entry. Suggesting the research does not require much money entirely puts into question the parent posters ability to make a useful contribution to this discussion. You're paying for salaries, equipment, licences, etc, all without any guarantee of any kinds of returns.

    25. Re: All that predictor technology... by TheRaven64 · · Score: 1

      The patent seems like a logical extension of the value predictor in the Alpha. The Alpha is pretty much required reading for anyone doing microprocessor design (both for the good ideas and the ones that turned out in hindsight to be bad ideas). The iPhone 5 was released 21 years after the first Alpha, so any technology from there should be completely safe to use - even if it were patented the day of release, it would be out of patent.

      --
      I am TheRaven on Soylent News
    26. Re: All that predictor technology... by K.+S.+Kyosuke · · Score: 1

      Which points out to the BS that software should not be patentable.

      The VHDL translation process is not inventive. Therefore it shouldn't change the patentability status since there's no creative input in it. The synthesized hardware is exactly as creative or novel as the original software. Maybe you're making an argument that hardware synthesized from software shouldn't be patentable? Perhaps that is the case.

      --
      Ezekiel 23:20
    27. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      Apple fanboi detected.

    28. Re: All that predictor technology... by apoc.famine · · Score: 1

      The "inventors" are adding nothing of value to the process. They are just parasites. That doesn't change just because they work at a university.

      What? What do you think a university research foundation will do with that money? WARF isn't taking this cash and paying out some hedge fund with it. That money goes back into funding university research. You know, like the research which created this patent in the first place.
       
      As far as I can tell, this is a sterling example of the system working as it actually should. 1) Grad students and professors do cutting-edge research, taking the risks. 2) Industry uses this research to produce commercial products. 3a) Industry is required to licence the patent but doesn't. 3b) Judge says, no, you need to pay up. 4) University gets a cut of the profits to fund more research. 5) Patent expires and the world can use the idea for free.
       
      Apple could have licensed the tech for far less, but they decided to just keep using it, even after being informed of the infringement. For a company worth billions and billions of dollars, not a bad thing to get a slap on the wrist and being forced to divest some of their cash and reinvest it back into basic research.

      Almost anything you can imagine is already patented.

      Which is why you need to spend some time doing patent dives in the area you're doing cutting edge research on. I'm pretty sure that Apple has people who's job this is. And I wouldn't be surprised if they knew of this, and either tried to slip under the radar, or made a gamble that what they were doing was dissimilar enough that a judge would let them do it.
       
      It's like you think the university and the students doing research there are the big bullies, and Apple is some small innocent child. I think you've got it backwards.

      --
      Velociraptor = Distiraptor / Timeraptor
    29. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      Preach

    30. Re: All that predictor technology... by santiago · · Score: 1

      It is very rare for a company designing a new product to search the patent database for ideas to license, and equally rare for inventors to go out and market their inventions to established companies.

      That's partly because if you did search for it, the other side can claim you found their patents, and thus your infringement was now "willful", which results in triple damages. Since you'll be sued either way, it's safer to go in blind. Tech companies specifically instruct their employees not to search for patents for this reason.

    31. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      Yes, and nowadays people buy other people's ideas just so they can sue those that are using even a remotely similar idea. There needs to be limits. You should have to be either actively producing on your idea, or actively seeking someone who can produce your idea. If you cannot produce a product in a reasonable amount of time, you loose your patent. Notice I said "reasonable". Reasonable could be different based on the tech and whether the means to produce the idea are even around yet. Of course, there should be a limit on that too. People should not be able to patent ideas that could easily take 100 years to realize.

    32. Re: All that predictor technology... by mSparks43 · · Score: 1

      there are limits. a patent lasts for 20 years.
      during that time if you "want to make and sell" something similar you have to pay the boatman [the person who came up with the idea and made it public]

      arguing for anything different is arguing not to have patents in the first place.

      otoh, its great that the us publishes howtos for every new software invention to sell in europe and the rest of the world without having to pay the boatman.

    33. Re: All that predictor technology... by ChrisMaple · · Score: 1

      Nobody trawls through the existing patents to check for infringement

      This is false more often than true. Other than startups, most companies do patent searches as part of research for ways to solve difficult problems. When a patent is found that is by far the best way to implement a solution, there is a decision to be made: do we license the patent, wait for it to expire, design around it, or use it and hope nobody notices? Engineers usually want to make a design that does almost the same thing but avoids infringement. The choice between licensing and use without permission shows the ethical properties of management.

      --
      Contribute to civilization: ari.aynrand.org/donate
    34. Re: All that predictor technology... by ChrisMaple · · Score: 1

      Grad students and professors do cutting-edge research, taking the risks.

      What risks? Professors are just doing their jobs, keeping busy so that they'll be paid. Creating something patentable is a bonus; there's no risk involved. Grad students are there for an education and a degree, and if they publish they also gain a reputation. Again, creating something patentable is a bonus; there's no risk involved.

      --
      Contribute to civilization: ari.aynrand.org/donate
    35. Re: All that predictor technology... by ChrisMaple · · Score: 1

      No tech company I worked for ever gave me such instructions: Hazeltine, Litton, Harman, Alesis. We were aware of patents in our fields are worked with patent-holders when appropriate.

      --
      Contribute to civilization: ari.aynrand.org/donate
    36. Re: All that predictor technology... by ChrisMaple · · Score: 1

      In some fields, there's a particular and deliberate skill in patent application writing. The patent describes something obviously novel and seems to provide the information necessary to make a product. However, critical steps are left out or obscured so that the applicant gets the patent and its protection, but when it expires the competition still can't make the product. With luck, the originator can fill in the details with a new patent and another 20 years of protection.

      --
      Contribute to civilization: ari.aynrand.org/donate
    37. Re: All that predictor technology... by TheFakeTimCook · · Score: 1

      They genuinely represent university inventors

      That doesn't make them "not a troll". All trolls represent "inventors" in some way. But very very few of these inventions are "stolen". What generally happens is someone (Apple in this case) comes up with an idea independently, implements it in a real product, and is then sued by the troll for "stealing" the idea. Almost anything you can imagine is already patented. It is very rare for a company designing a new product to search the patent database for ideas to license, and equally rare for inventors to go out and market their inventions to established companies. The "inventors" are adding nothing of value to the process. They are just parasites. That doesn't change just because they work at a university.

      This. Exactly.

    38. Re: All that predictor technology... by TheFakeTimCook · · Score: 1

      Apple could have licensed the tech for far less, but they decided to just keep using it, even after being informed of the infringement. For a company worth billions and billions of dollars, not a bad thing to get a slap on the wrist and being forced to divest some of their cash and reinvest it back into basic research.

      So, you really think a company worth billions of dollars, with a team of people that do nothing but patent research, and who have successfully been sued for things as stupid an obvious as the data organization in an iPod (FFS!!!), and who likely already HAS hundreds of license agreements in place, is just going to roll-the-dice in this day and age of drop-of-the-hat patent litigation?

      Doesn't pass the smell-test, sorry.

    39. Re: All that predictor technology... by Anonymous Coward · · Score: 0

      Oh you mean like Tata does.

      http://www.healthcareitnews.com/news/epic-awarded-940-million-tata-trade-secrets-case

  3. Sleazy business by AlanObject · · Score: 2

    Way back in the 90s my little company was targeted by a patent troll. We were small potatoes but the co-defendents included Intel, IBM, and Digital. It seems some law firm was convinced that Ethernet infringed on some arbitration mechanism ARCnet used and they got the patent for it (from Datapoint I recall) so it was off to the horizon. They saw dollar signs.

    Nothing ever came of it of course but it was still annoying to say the least to get served papers while we ere still trying to get one of our first products established.

    I wish we could come up with a way to slap down patent trolls without making it harder for legitimate patent holders to defend their IP. I can't think of any.

    1. Re:Sleazy business by Anonymous Coward · · Score: 0

      I wish we could come up with a way to slap down patent trolls without making it harder for legitimate patent holders to defend their IP. I can't think of any.

      1. Require all patent applications to include an itemized list of costs to develop.
      2. Part of the patent approval process is reviewing itemized costs and approving (computer hardwware) or rejecting (hookers and blow) particular line items.
      3. Patents are granted with an attached dollar value equal to twenty times the cost to invent.
      4. Any entity (individual, business, government, etc.) or group of entities together can "buy out" the patent for its listed price tag, the money divided between all the inventors listed on the patent. This immediately puts the patent in the public domain.

      Trollish crap will have a low price tag and can be bought out even cheaper than hiring a lawyer.
      Real useful patents will net the inventor money, even if they aren't practicing the patent.
      Patents will go to the public domain faster, encouraging even more accumulative innovation.

      The only thing preventing this from becoming our patent law is that you haven't written your congress critter yet.

    2. Re:Sleazy business by Anonymous Coward · · Score: 0

      More than likely you were targetted as a stepping stone for building a stronger case against a larger entity, like the codefendants you mentioned. It's less about squeezing pennies from you and more about having ammo to lob against someone who will challenge them in court to get a hold of the dollars.

    3. Re:Sleazy business by Anonymous Coward · · Score: 0

      "Real useful patents will net the inventor money, even if they aren't practicing the patent."

      But under current law, you could easily make 1,000 to 100,000 or more of the invention cost back in licensing fees or infringement damages for a particularly juicy patent.

      Under your scheme there's no reason to ever license something for more than 20x the cost of the investment. That doesn't seem fair.

      A small tweak to your suggestion makes it much more equitable - for 20x the invention cost, a license can be bought. The inventor can thus sell licenses to many different interested parties at that price.

      Of course now you're just going to end up with lawyers coming up with inflated invention costs - someone's desk, computer, networking equipment, the floor space of the building they worked in, their wages at $200/hour, including the time it took to draft the patent and reply to the patent examiner's remarks etc. If you invent 5 things, then they'll charge the cost of 5 separate computers, even though you only used the single one etc.

    4. Re:Sleazy business by viperidaenz · · Score: 2

      That's ridiculous.
      You're saying some genius invents something and patents it, listing their cost as 1 $0.20 pencil and 1 $0.50 notebook, anyone can buy it out for $14?
      They didn't pay someone to invent shit for them, so there are no wage or time costs involved.

    5. Re:Sleazy business by Anonymous Coward · · Score: 0

      That's the typical commie mentality. They want stuff for free and in addition to that, they want the providers of the technology to never become rich.

    6. Re:Sleazy business by thegarbz · · Score: 2

      I have been developing my brain for over 40 years. I have invested a shit load of capital on that development and untold man hours.

      All that came to bare when I created my invention. I'm going to be filthy rich.

      Oh and your suggestion is utterly stupid.

    7. Re:Sleazy business by Anonymous Coward · · Score: 0

      You're a fucking idiot.

  4. Conflict of Interest by WankerWeasel · · Score: 4, Interesting

    Ordered to pay the University of Wisconsin. By a judge who: Bachelor's degree from University of Wisconsin - Check Juris Doctorate from University of Wisconsin - Check This judge should have recluse himself from the case.

    1. Re:Conflict of Interest by msauve · · Score: 3, Informative
      "Ordered to pay the University of Wisconsin."

      Nope. Get your facts straight:

      WARF is a separate, independent 501(c)3 foundation which serves as the dedicated patenting and licensing organization for UW-Madison... faculty, staff and students are not obligated to assign their intellectual property to WARF, unless required to do so by federal law or the terms of a sponsored research agreement with a third party.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      Uhh, that's patently dumb. That would basically block the ability of some of the most prestigious universities in the country from having access to the highest courts in the land.

    3. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      Ordered to pay the University of Wisconsin. By a judge who:

      Bachelor's degree from University of Wisconsin - Check
      Juris Doctorate from University of Wisconsin - Check

      This judge should have recluse himself from the case.

      Ordered to pay the University of Wisconsin (on PLANET EARTH). By a judge who:

      Born on PLANET EARTH - Check
      Lives on PLANET EARTH - Check

      No question, this judge should recuse himself from this case.

    4. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      This. Their football team hasn't had a national championship since 1942 so they're resorting to fighting unfairly. They're now in the same conference as Pedo State that protected a child rapist from over forty years ago, so they're ashamed they're worse than child rapists.

    5. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      I'm going to assume you are not an attorney. I am. You'd be hard pressed to find a bench in almost any state that doesn't have a plurality of judges (in some cases, majority) who attended the state's law school. Your suggestion would be impossible to implement. Further, it presupposes a conflict where there is no such conflict. Unless the judge is somehow more connected with the University than just having attended it, no conflict exists. I'd even venture to say, in this case, even if he is a paying alumni with stickers on his car, who regularly attends sporting events, that would still not suggest any conflict...unless the judge himself felt he could not be impartial. Clearly, he believed he could be impartial. Unless he serves on the board of trustees for the university, or has some unusually deep connection with it, and particularly since this is a distinct entity, you are seeing conflict that doesn't exist.

    6. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Penn State considered football more important than little boys that were raped. The NCAA agreed with that.

    7. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Penn States loves football more than children just like Muslims hate freedom more than their own children that they put suicide vests on.

    8. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Paterno protected someone that was raping little boys for decades. How can anyone defend that

    9. Re:Conflict of Interest by R3d+M3rcury · · Score: 1

      Mr. Trump, don't you have better things to do then hang around slashdot?

    10. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      What is more important, a few boys that were raped or hundreds of thousands of fans?

    11. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Paterno had no legal requirement to stop the rapes. He did his legally required minimum.

    12. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      How dare you forget that we also won an NC in 1912. The difference between us and Penn State is that we didn't condone the rape of little boys for decades. I'd rather not have any national championships than be like Penn State that let the rape of little boys continue for decades.

    13. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      UW is not like Penn State in that you don't protect and support child rapists.

    14. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      But he had a moral requirement as a man to try to stop the rapes.

    15. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      So rape of minors is less important than football?

    16. Re:Conflict of Interest by Applehu+Akbar · · Score: 2

      Like that's still not an obvious conflict of interest. Apple does morally owe the UW inventors something for their IP, but this judge failing to recuse is going to cost them at appeal. Apple's legal defense fund has the same mass as the core of Pallas.

    17. Re: Conflict of Interest by Applehu+Akbar · · Score: 2

      But he had a moral requirement as a man to try to stop the rapes.

      The patent on stopping rapists is held by the descendants of a guy named Colt.

    18. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Bit not a legal requirement.

    19. Re:Conflict of Interest by msauve · · Score: 1

      Being a graduate of a school does not present even a minimal conflict of interest, unless there's some ongoing relationship.

      If you disagree, please cite relevant case law.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    20. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Paterno did his legally required duty by reporting on it.

    21. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      As if that was enough.

    22. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Penn State even wants to bring back statues of Paterno since they think football is more important than children that were raped.

    23. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      But not a legal requirement.

    24. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Why wouldn't they when they hate the little boys that were raped?

    25. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Little boys have no political capital which is why Joe Paterno allowed them to be raped.

    26. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      This. Wisconsin is anti child rape because it is only convenient. The Big 10 isn't.

    27. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      Being a graduate of a school does not present even a minimal conflict of interest, unless there's some ongoing relationship.

      If you disagree, please cite relevant case law.

      Such as an alumni association membership.

      It doesn't mean that there is a conflict of interest, but it can raise the specter of impropriety.

    28. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      If he recluses himself, does that mean he can't talk to anyone?

    29. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      That's not relevant. If the law cannot recognize circumstances which lead to it being held in lower esteem, it shall.

    30. Re:Conflict of Interest by Anonymous Coward · · Score: 0

      If it's not OK to question a judge's impartiality because of his heritage, why is it OK to question one's capacity to do the job based on his alma mater? Unless he is paid by the university, this shouldn't be a problem.

    31. Re: Conflict of Interest by Anonymous Coward · · Score: 0

      Why wouldn't they when they hate the little boys that were raped?

      Um, these were COLLEGE students. Pretty much all of them were Adults. I don't think the characterization as "little boys" is anywhere NEAR accurate.

  5. Royalties by JBMcB · · Score: 1, Informative

    If they are interested in making money on patents, then they should either make a product using those patents, or sell them to someone who can use them.

    In any case, often times, even coming from universities, the patents applied for are minor tweaks on existing, well established technology. A branch predictor circuit? Those have been around for decades. The really advanced designs were on DEC Alpha chips, whose patents are now held, I believe, by HP. They did global prediction, which sounds an awful lot like what the WARF patent does, and the Alpha came out the same year the WARF patent was filed (it was issued two years later.)

    --
    My Other Computer Is A Data General Nova III.
    1. Re:Royalties by Anonymous Coward · · Score: 0

      If they are interested in making money on patents, then they should either make a product using those patents, or sell them to someone who can use them.

      That is literally WARF's entire purpose -- to license the patents of university inventors. When companies infringe on those patents, they sue the companies. No different from any other entity with an R&D organization. Don't believe me? Go violate an MIT patent, see what happens.

    2. Re:Royalties by alvinrod · · Score: 2

      Automative companies still receive new patents for what are largely tweaks or just different ways of doing the same thing and that's on technology that's been around for over one hundred years at this point. There's typically more than one way to accomplish something and Apple was free to use methods for which the patents had expired or to develop their own approach. If they think the patent should be invalid, they had ample chance to demonstrate that during the trial.

    3. Re:Royalties by Baloroth · · Score: 4, Informative

      If they are interested in making money on patents, then they should either make a product using those patents, or sell them to someone who can use them.

      It represents a university. Universities don't make products, they conduct research. Some of that research has practical usage, some of it doesn't (that's part of the idea of a university: they can conduct basic research, not just product development). The technology that is potentially useful can be licensed to fund more basic research, which is the idea behind WARF. It's a non-profit that handles the licensing and feeds the money back into funding research. WARF may not make a product, but they certainly don't follow classical patent-troll patterns (not least of which is, you know, being a non-profit, which kinda undermines the entire motivation behind patent trolling).

      A branch predictor circuit? Those have been around for decades.

      Coincidentally, so has the patent: it was filed 1996. I don't know enough about the technology to say much, but it certainly doesn't sound like a troll patent.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    4. Re:Royalties by JBMcB · · Score: 2

      There's typically more than one way to accomplish something and Apple was free to use methods for which the patents had expired or to develop their own approach.

      C'mon, we all know how this works. Apple probably did figure out a new way of doing it, and it happened to be the same method WARF has a patent for. Because, looking cursorily at WARF's patent, it's a tweak on a global branch prediction circuit.

      As for the trial, yeah, try explaining to a judge how a particular tweak to a global branch predictor circuit is obvious. Or how you added further tweaks that make your design work differently enough to not encroach on a particular patent.

      --
      My Other Computer Is A Data General Nova III.
    5. Re:Royalties by Anonymous Coward · · Score: 0

      No that's not how it works. apple copies and steals from others all the time. Sometime they get caught. Sometime they dont. This time they did. No need to make up any other "innocent" apple stories.

    6. Re:Royalties by dgatwood · · Score: 2

      The really advanced designs were on DEC Alpha chips, whose patents are now held, I believe, by HP.

      Apple, IBM, and Motorola did some pretty significant branch prediction work on PowerPC, too, e.g. US5659752. I'm not saying that any of their patents are necessarily prior art, but some of them probably are. IBM, in particular, filed a *lot* of patents.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    7. Re: Royalties by Anonymous Coward · · Score: 0

      Branch prediction? Woah. How could that be patented?

    8. Re:Royalties by Anonymous Coward · · Score: 0

      So what if other predictor patents did the same thing? A utility patent is not issued based on what it does, but rather how it does it (e.g. I don't patent "coal mining", but rather this particular way of mining coal).

      Even if it's just an improvement on an non-expired, valid patent, it can still be filed as a new patent by a completely different inventor.

    9. Re:Royalties by Anonymous Coward · · Score: 0

      " It's a non-profit that handles the licensing and feeds the money back into funding research."

      I bet that doesn't happen. 500M is a lot of money.

    10. Re: Royalties by Anonymous Coward · · Score: 0

      Replace Apple with almost any other tech company and it's still valid. Sad state of affairs boys.

    11. Re:Royalties by TheFakeTimCook · · Score: 1

      Automative companies still receive new patents for what are largely tweaks or just different ways of doing the same thing and that's on technology that's been around for over one hundred years at this point. There's typically more than one way to accomplish something and Apple was free to use methods for which the patents had expired or to develop their own approach. If they think the patent should be invalid, they had ample chance to demonstrate that during the trial.

      Right. Because most judges would even know a branch-predictor from a washing-machine.

    12. Re:Royalties by TheFakeTimCook · · Score: 1

      No that's not how it works. apple copies and steals from others all the time. Sometime they get caught. Sometime they dont. This time they did. No need to make up any other "innocent" apple stories.

      Prove it, motherfucker, or GTFO.

  6. Not a troll. by msauve · · Score: 4, Informative

    Patent trolls take questionable patents and go after companies without the resources to put up a good defense, hoping they'll decide it's cheaper to settle. They want to avoid litigation at all costs, because a loss threatens their business model.

    A non-practicing entity _could_ be a patent troll, but not here. Apple has vast resources to defend itself, did so in court, and lost because the court determined that they were infringing a valid patent.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Not a troll. by Jadecristal · · Score: 2

      This is correct, WARF legitimately handles University of Wisconsin's patents.

      Now, whether or not a public university paid for by taxes should be ABLE to patent stuff and/or not license it on a "reasonable and non-discriminatory licensing" (RAND) basis, where we use "public funds" to help determine the "reasonable" part...

    2. Re:Not a troll. by msauve · · Score: 3, Insightful

      OTOH, why shouldn't the benefits of those inventions developed with public funds go back to supporting the public university, reducing the public's burden for supporting them? Shouldn't the public receive a return on their investment? The alternative you seem to be suggesting is that those inventions which are paid for by the public end up benefiting private companies.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    3. Re:Not a troll. by Anonymous Coward · · Score: 0

      uh, since when has a patent troll been required to go after little guys? many, many patent trolls have sued large software companies. in fact the main supreme court case (ebay) was a patent troll who went after, you guessed it, ebay.

      having a claim that covers what another company built later does not mean that the troll "invented" the technology in any meaningful sense, and even if it did so fucking what. clearly the patent wasn't required to get the technology commercialized. otherwise we'd all be sitting around listening to music on our Creative Labs nomads, because Apple wouldn't be allowed to make an iPod because some guy had the idea earlier.

  7. what about 3-way switches in home wiring? by Anonymous Coward · · Score: 0

    patenting logic is fundamentally broken. the justice system needs to be destroyed and rebuilt from scratch.

    drain the swamp. MAGA.

    you're all idiots.

  8. Ha ha ha. America by Anonymous Coward · · Score: 0

    America is the most fucked up place on the planet. Run by lawyers who make money by producing nothing, aiding no-one and suing people who do try to do something using a patent system that is a travesty.

    What a shit country.

  9. Some people think universities are mostly trolls by Kernel+Kurtz · · Score: 3, Informative

    WARF is reportedly a non-practicing entity that exists only currently by defending its patents in litigation.

    My first question would be does anyone else license this patent from them?

    Actually it looks like they do. http://www.businessinsider.com... (the single page link does not seem to work)

    I'm not sure troll applies to this company anymore than it does to Apple itself.

    I did like one of the comments on the linked article from 2014 though;

    "So apple get sued for patent infringement is patent trolling but apple suing for rectangles with rounded corners or unlocking by sliding your finger (on a touchscreen!) Is fine...."

  10. Intel Centrino Inside by Anonymous Coward · · Score: 5, Interesting

    I personally studied with Prof. Sohi in the nineties when he and his students initially filed the patent, which they did essentially to get beer money. At Wisconsin the alumni foundation will give the inventors 20% of all royalties and WARF takes the other 80% for the risk involved in filing and prosecuting anyone who is dumb enough to mess with them. The inventors get to split $2000 that is given to them upfront. The first people to try and steal their idea was actually Intel, who actually sent researchers over from their Israeli research lab to sit in on the talks by Sohi and his students after they initially published their ideas in an academic paper. At the time they told Intel they would gladly license it to them for cheap. Intel told them to fuck off, telling them they had no IP since they published an academic paper on the subject. Intel actually based their Centrino line off this patented idea. Today Intel doesn't market the Centrino brand because around 2010 they settled out of court, two days before the trial was to begin, for an undisclosed sum. They did so because WARF and Wisconsin could easily prove that they had stolen the idea. The one caveat Wisconsin requested was that Intel not market the Centrino brand anymore. The same people who robbed Sohi at Intel were hired by Apple and now the same thing essentially happened, fat money being sent to Sohi and his crew but his time out in the open so dipshits who know nothing of the history can talk shit about one of the top academics in chip design in the US. It's not trolling it's a multi billion dollar company who can normally shit on the litttle guys getting their comeuopance.

    1. Re:Intel Centrino Inside by Anonymous Coward · · Score: 0

      Go Badgers

    2. Re:Intel Centrino Inside by Anonymous Coward · · Score: 0

      Except Centrino wasn't a processor line. It was just bundling of specific cpu, chipset, and wireless chips.

    3. Re:Intel Centrino Inside by Anonymous Coward · · Score: 0

      Sometimes I really wish we could vote comments to the top. WARF is far from a patent troll. It puts a very large percentage back into grants and other funding for research at the university. The licensing fees they charge for their inventions are not unreasonable either. Purportedly their licensing terms was somewhere under 5 cents per chip. The original amount in the apple case included estimates of how many chips were sold and extrapolated that licensing cost to come up with that number, then tripled.

      Apple knew about this because of the Intel case. They just chose to go ahead assuming that Intel would win, and then doubled down preparing their own case to try and win in court (which Intel never did as they settled).

    4. Re:Intel Centrino Inside by Anonymous Coward · · Score: 1

      UW Computer Arch Ph.D. here (Guri was on my defense panel).

      Some things you say are a bit stretched/inaccurate. Intel had in large part funded UW's research programs via grants, etc. They did not have patent rights though, so getting sued over a patent from their partially funded research very much caught them by surprise. Their settlement UW was lessened due in part to Rob Chappell (Yale Patt Michigan Ph.D. student), documenting alternative ways Intel could have implemented dependence prediction without infringing on UWs patent. Note: UW's Faculty compensation is public and years ago you could see the $3M Guri received from the Intel settlement on the Wisconsin Redbook.

      Yes, a good part of Intel's Oregon team is now at Apple. Given that Apple has never really funded academia and are a leech on the system, they deserve everything they are getting right now. Still though in the grand scheme, it's kind of a crazily large settlement for something that probably only adds =4% to overall CPU performance.

    5. Re:Intel Centrino Inside by Anonymous Coward · · Score: 0

      So Intel funds a University, so it should get carte blanche access to all research being done at that University? Where they specifically funding Sohi? If not then they should have to pay. To my knowledge Intel threatened to cut off all money to UW over the lawsuit, they this so to ostracize Sohi as he had colleagues who simply stopped to even say hi to him in the hallways. Also this technology was adopted in mobile technologies so it might only improve CPU performance a little but are it's effects in power consumption? Also you don't consider $3M fat money for something that was filed just so his 3 students (who also each received $3M as I believe Sohi split it equally with his students) could get shitty for a couple weeks?

  11. WARF isn't actually a patent troll by Anonymous Coward · · Score: 1

    WARF is a part of the University of Wisconsin. The royalties go towards actual research. The research creates knowledge and patents. The patents result in more royalties. It's a positive cycle.

    It's a really good idea, as it supports smart people who work on advanced ideas.

  12. Re:Some people think universities are mostly troll by Anonymous Coward · · Score: 0

    They are not a company, they are a foundation. When researchers at UW discover something financially viable, it's WARF's job to handle the legalities surrounding it. They file the patent, license it, protect it, and funnel any money to the inventors and back into the UW.

    Troll definitely doesn't apply here. They are non-practicing because many researchers are not in to start their own company, but would like a safety net the next time their research grant doesn't get funded.

    Captcha = Steward which is what WARF is, a steward being "a person who manages another's property or financial affairs; one who administers anything as the agent of another or others" That is exactly how WARF is acting here.

  13. Lost cause to fight something like this by Anonymous Coward · · Score: 0

    I don't know of any case where a university lost a patent lawsuit. WARF has been part of the UW system since the 1920s; it is NOT a patent troll. You can read about some of the companies it created here: https://en.wikipedia.org/wiki/Wisconsin_Alumni_Research_Foundation

  14. Universities are good but... by Anonymous Coward · · Score: 0

    Not practicing entities should not be entitled to anything.

  15. Apple...Pay! by Anonymous Coward · · Score: 0

    It can't be easier!

  16. Apple treated differently to Megaupload by paulkingnz · · Score: 1

    Megaupload was accused of copying something and making it available to the public for money. They were shutdown immediately and the owners charged with crimes. Apple was accused of copying something and making it available to the public for money. They were .. sued in a civil suit. Why was Megaupload treated differently?

    1. Re:Apple treated differently to Megaupload by Anonymous Coward · · Score: 0

      Law enforcement already had a problem with megaupload's owner prior to piracy accusations

  17. Re:Ha ha ha. America by Anonymous Coward · · Score: 0

    Suppose those lawyers did not exist. And suppose the travesty that is the patent system also did not exist. Now suppose some small company came up with a CPU that's twice as fast than anything on the market. That company makes money for a few months when its competitors (say Apple, Intel etc) decide to reverse engineer the tech and add it into their CPUs without any compensation to the CPU tech inventors.

    So what you want and are promoting is theft of work (IP). You want someone to become rich off someone else's work. We need lawyers and patents so that multi-million or multi-billion dollars of theft does not occur.

  18. Claim 1 is really generic by Anonymous Coward · · Score: 0

    If it were a patent for a harvester, it might say

    A harvester which gathers grain from a field consisting of
    a) A gadget to cut the plants,
    b) A gadget to separate the grain from the chaff.

    Doesn't matter what the gadget is or how it works as long as it the architecture contains those 2 fundamental parts.
    You can't eat without paying us tribute.

    This is the reverse of 'promoting the useful arts'.

  19. Double or nothing? by Anonymous Coward · · Score: 0

    I like this idea of doubling the fine every time a party appeals and loses. It would bring to an end the perpetual appeal cycle that goes on with this stuff.

    Eventually it will get to the point where Apple doesn't feel like dropping a billion dollars (or two billion.. or four billion) on going double or nothing, and will just pay the inventors what they're owed for what it stole.

  20. Re:Ha ha ha. America by ChrisMaple · · Score: 1

    Why don't you spend some time in Myanmar?

    --
    Contribute to civilization: ari.aynrand.org/donate