IEEE Spectrum: Patents 2.0
Writing in Spectrum online, Lee Hollaar sugests ".... scrapping software patents altogether is not the solution. Instead, I propose that a new form of intellectual property be considered that gives reduced benefits in exchange for speedy protection."
Perhaps the most interesting aspect of Hollar's suggestion is that showing that the technology had been independently created before the patentee's first commercial use would be an absolute defense for a second party, but the patent would still be valid against others who couldnot show substantial developement of their product prior to the patented product's introduction....
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Thursday, February 2
Thursday, January 12
by
dsoul
on January 12, 2006 07:41PM (PST)
Since
I resurrected this weblog I've been asked several times if there is any
rhyme or reason for the eclectic ... more »
by
dsoul
on January 12, 2006 07:39PM (PST)
SAN
FRANCISCO--A mysterious bidder paid $15.5 million in a bankruptcy court
auction of dozens of Internet-related patents--and then rushed out of
... more »
by
dsoul
on January 12, 2006 07:36PM (PST)
This Can't be Good: Over the past year, there have been a number of cases where patents have been asserted against core technologies, more »
by
dsoul
on January 12, 2006 07:34PM (PST)
Although the FTC will release its full ruling this coming Monday the agency made its decision
known on Tuesday. ...... more »
by
dsoul
on January 12, 2006 07:32PM (PST)
Patent law's requirement that a patent attorney be hired every time one becomes aware of a patent that may relate to their activity is "irrational and unjustifiably prejudicial," ... more »
by
dsoul
on January 12, 2006 07:30PM (PST)
I just finished reading this and must agree with the people that have been insisting .... more »
by
dsoul
on January 12, 2006 07:26PM (PST)
This white paper (pdf) Crafting an Effective Patent Invalidity Opinion - Is It the Last Bastion of Defense? comes to the conclusion "In a perfect world, an accused infringer should not have to rely solely on an opinion of counsel to avoid a willfulness finding and/or enhanced damages or attorneys’ fees. However .... more »
by
dsoul
on January 12, 2006 07:24PM (PST)
by
dsoul
on January 12, 2006 07:22PM (PST)
A very interesting case... Rambus sat on
industry standards groups and was accused of flagrant violations
of the process... never-the-less in inital patent wranglings in the USA
their patents were allowed to stand. But then federal
investigators started to look to see if the transgressions in the
standards group process were themselves actionable...results on this to
come shortly, but according to theis article Rambus is also in trouble
in Europe:
- goto origiannly Posted to cep.weblogger.com by David Soul on 2/13/04; 11:43:31 AM in the IP section. permalink# |
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