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View Article  Patents 2.0
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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View Article  Lessons Forgot : patent policy circa 1882
Since I resurrected this weblog I've been asked several times if there is any rhyme or reason for the eclectic ...   more »
View Article  A Brewing ....
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 »
View Article  XML Patent : Core Techcnology locked up ?
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 »
View Article  FTC Tosses Out Case Against Rambus
Although the FTC will release its full ruling this coming Monday the agency made its decision known on Tuesday. ......   more »
View Article  Stop Predatory Patentees
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 »
View Article  The Future of Ideas: the Fate of the Commons in a Connected World
I just finished reading this and must agree with the people that have been insisting ....   more »
View Article  Crafting an Effective Patent Invalidity Opinion - Is It the Last Bastion of Defense?
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 »
View Article  More than just software patents fall into Ludicrous Category
U.S. Patent 6,368,227, issued April 9,2002  describes a method for swinging ``in which a user positioned on a standard ...   more »
View Article  Rambus being hit on all fronts
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:
Europe to revoke Rambus memory patent While memory maker awaits ruling on FTC fraud allegations The Register 
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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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