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Vigilante Engineer Stops Waymo From Patenting Key Lidar Technology (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: A lone engineer has succeeded in doing what Uber's top lawyers and expert witnesses could not -- overturning most of a foundational patent covering arch-rival Waymo's lidar laser ranging devices. Following a surprise left-field complaint by Eric Swildens, the US Patent and Trademark Office (USPTO) has rejected all but three of 56 claims in Waymo's 936 patent, named for the last three digits of its serial number. The USPTO found that some claims replicated technology described in an earlier patent from lidar vendor Velodyne, while another claim was simply "impossible" and "magic." The 936 patent played a key role in last year's epic intellectual property lawsuit with Uber. In December 2016, a Waymo engineer was inadvertently copied on an email from one of its suppliers to Uber, showing a lidar circuit design that looked almost identical to one shown in the 936 patent.

The patent describes how a laser diode can be configured to emit pulses of laser light using a circuit that includes an inductor and a gallium nitride transistor. That chance discovery helped spark a lawsuit in which Waymo accused Uber of patent infringement and of using lidar secrets supposedly stolen by engineer Anthony Levandowski. In August 2017, Uber agreed to redesign its Fuji lidar not to infringe the 936 patent. Then, in February 2018, Waymo settled the remaining trade secret theft allegations in exchange for Uber equity worth around $245 million and a commitment from Uber not to copy its technology. "This includes an agreement to ensure that any Waymo confidential information is not being incorporated in Uber hardware and software," said a Waymo spokesperson at the time. That redesign now seems to have been unnecessary, says Swildens, the engineer who asked the USPTO to take a closer look at 936. "Waymo's claim that Uber infringed the 936 patent was spurious, as all the claims in the patent that existed at the time of the lawsuit have been found to be invalid," he said. Uber told Ars that despite the ruling, it would not be redesigning its lidars yet again.
Swildensj, an employee at a small cloud computing startup, reportedly "spent $6,000 of his own money to launch a formal challenge to 936," reports Ars. "In March, an examiner noted that a re-drawn diagram of Waymo's lidar firing circuit showed current passing along a wire between the circuit and the ground in two directions -- something generally deemed impossible. 'Patent owner's expert testimony is not convincing to show that the path even goes to ground in view of the magic ground wire, which shows current moving in two directions along a single wire,' noted the examiners dryly."

"As I investigated the 936 patent, it became clear it was invalid due to prior art for multiple reasons," Swildens told Ars. "I only filed the reexamination because I was absolutely sure the patent was invalid."

10 of 65 comments (clear)

  1. Vigilante? by siriuskase · · Score: 4, Insightful

    Is this the correct word for this?

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  2. This is the real innovation by Anonymous Coward · · Score: 3, Funny

    > current passing along a wire between the circuit and the ground in two directions
    Now we can finally get rid of all those nasty high voltage wires and use only ground to transmit power everywhere.

  3. Sometimes current flows both ways by Lije+Baley · · Score: 2

    Like if the circuit oscillates. I didn't see it but they did mention an inductor and "pulses"...

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    1. Re:Sometimes current flows both ways by AmiMoJo · · Score: 2

      Page 15 of this document: https://www.documentcloud.org/...

      The examiner is right, it's nonsense. They are trying to build some kind of charge pump buy turning a FET on and off, but their "replenishment current" is coming from ground. Ground is shown both sinking and sourcing current.

      Maybe they build some clever supply system that they are referring to as ground here, but in that case it's rather odd that they used the standard symbol for ground and not something else. In either case it's a glaring mistake.

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  4. This is fixable by Krishnoid · · Score: 2

    Patent owner's expert testimony is not convincing to show that the path even goes to ground in view of the magic ground wire, which shows current moving in two directions along a single wire,' noted the examiners dryly.

    "We'd like to submit an amendment: ... moving in two directions along a single wire over the Internet."
    "Oh, that makes much more sense now. Patent upheld. Sorry if we sounded dry about it earlier."

  5. Re:Hero! by Alain+Williams · · Score: 2

    In an ideal world ... maybe. In our world: "what would the shareholders think of us paying someone who did us some good for free ?"

  6. Patent bullshit by Anonymous Coward · · Score: 2, Insightful

    Build a working prototype or GTFO.

    Congress: Make it so.

  7. Kind of makes you wonder by nehumanuscrede · · Score: 2

    How many patents are out there that are also bullshit magic that didn't get noticed ?

  8. USPTO asleep on the job by lordlod · · Score: 5, Insightful

    Not news I know, but there was someone who's job it was to investigate these patents, to understand them and look for prior art.

    The fact that a third party had to commit $6000 and a huge amount of personal time comes down to the fact that the patent examiner clearly didn't do their job.

    While the work of Swildens should be celebrated, we shouldn't lose sight of the failings of the USPTO which required it.

    1. Re: USPTO asleep on the job by orangepeel · · Score: 2

      Are you trying to make a sick joke?

      Thousands of employees who review patents for the federal government cheated taxpayers out of at least $18.3 million as they billed the U.S. Patent and Trademark Office for almost 300,000 hours they never worked, according to a new investigation by the agency’s watchdog.

      The report released Wednesday determined that the full scale of fraud is probably double those numbers. Investigators said they interpreted the data they gathered conservatively, often giving employees the benefit of the doubt for the time they reportedly worked.


      ...

      Patent office workers bilked the government of millions by playing hooky, watchdog finds

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