Microsoft's Patent Problem

Fortune.com ^ | Tuesday, July 22, 2003 | Roger Parloff

[amigatec]

In fact, I use very little of MS security features except those that run without my knowledge.

In fact I use ZERO of this stuff, I dumped MS and have no intention of going back.

[Lael]

skilled in the industry

Technically speaking "one skilled in the ART."

[Southack]

correct

[amigatec]

Got root?

Yep sure do, it is nice being MS free, now where did I my SCO license.....

[amigatec]

Got root?

Yep sure do, it is nice being MS free, now where did I leave my SCO license.....

It is getting late...

[dark_lord]

But you are making too completely different statements. Your first statement: You don't need to be a patent attorney to understand if the patented claim is strong or not. I don't agree. I think it will be up to the court and the patent lawyers to determine if the claim is strong or not [strong].

Your second point is this: The patent has to be written such that **anyone** skilled in the industry can understand and duplicate the patented process. If the patent can't be understood by those skilled in the industry (in this case, us techies), then it will be invalidated by the courts, per patent law may be true. But you can follow the link and read the patents. I read some of them. They are not hard to understand. So I don't think that point applies. Because I can understand them -- the ones I read are pretty readable, and I understand them.

A thing to think about. Sony and Philips dropped about 1/2 of a BILLION dollars to buy a little company that pretty much only had those patents as assets. They didn't drop that much cash without doing the due diligence.

[UnBlinkingEye]

And **if** InterTrust manages to prove that they were the first (above), then they've got to show that the defendnts used that precise method, thereby infringing on the patented claim.

Are you familiar with "The Doctrine of Equivalence"? Are you a patent attorney? Do you have any U.S. Patents?

[Southack]

I am expecting to receive my first patent approval later this year. That's the only reason that I know anything about this subject, as I've had a crash course on what I can, should, and shouldn't say in my patent and supporting documentation (like brochures, which I can't even have printed until final approval on my patent comes back).

[eddie willers]

Do you really think you can patent drawing a line on the screen?...

I know nothing about computers or this suit, but that won't keep me from throwing my 2 cents in. :o)

Time and time again, I watched Gemstar win patent fights over the Electronic Program Guide (EPG) that they purchase from StarSight.

This is nothing more than the grid you see when you pull up the program guide on your digital cable or satellite system. Basically, a grid going out 3 hours and down 6 or so channels.

I'm thinking, "How can anyone patent THAT!?"

Sony and RCA put up no fight and licensed the Gemstar/StarSight notion....
And Gemstar/StarSight keeping winning in the courts....

UNTIL...Charlie Ergen of Dish/Echostar (a renowned tightwad) and Scientific Atlanta said...."See you in court" and wouldn't let go.

As the case moved up to smarter judges, Gemstar/StarSight lost every case and their portfolio is now worthless and News Corp. (who had bought the company) took a bath.

I suggest we look at this judge in Oakland before we start making any side bets.

[UnBlinkingEye]

I wonder who patented the for loop or do while loop? They should be able to make big bucks. Or maybe we could go back to logic itself, and descendants of Aristotle could have a field day.

You should learn more about patent law prior to posting statements that indicate your lack of knowledge.

In programming terms:

If I don't understand

Then I shouldn't comment

Else people may not respect my opinion.

[TheEngineer]

Where are all the CNET and ZDNET reporters to warn everyone that this little company might prevail — halting the sale of Windows, Office, and .NET? ...

Maybe it's because, as you pointed out...

Their CEO has not been in the news, threatening Oceans of Blood and Seas of Fire. They haven't threatened Windows users with having to buy licenses from them.

[UnBlinkingEye]

I am expecting to receive my first patent approval later this year. That's the only reason that I know anything about this subject, as I've had a crash course on what I can, should, and shouldn't say in my patent and supporting documentation (like brochures, which I can't even have printed until final approval on my patent comes back

Your credibility is suspect. I don't think you have any idea of what is involved in the process to have a patent allowed.

[Southack]

You are mistaken. Publishing something more than one year before your patent is filed is grounds for having it invalidated by the courts.

And since you don't know if you will have to re-file your patent based upon the USPTO's concept of "Errors", you could find yourself in a world of hurt if you publish at anytime before your patent is officially granted. There simply isn't reason-enough to take the chance that your application will be rejected.

This happened to 3M. Their patent for laser-perforated sheets was invalidated because they published their idea more than a year before they filed their patent application.

[UnBlinkingEye]

Once you have a pending patent you are free to approach others with your idea and you have full protection of the laws pertaining to intellectual property. Of course a pending patent does not mean that the patent will be allowed.

[Southack]

Of course.

Tough luck if you publish and then see your patent denied.

[microgood]

You should learn more about patent law prior to posting statements that indicate your lack of knowledge.

You are obviously a lawyer and I know a scam when I see one. Lack of knowledge = you do not understand how I am going to pervert the law to steal this money.

[jammer]

They won't win--or shouldn't win--on the basis of that claim. I was doing that very thing in 1991.

[Salo]

Now that you mention it.... Usually you can't say anything negative about MS without Bushxp home edition showing up with a flame thrower. Maybe he's patching holes in the OS of his choice. Perhaps he's updating his Microsoft Certified Sales Engineer cert to 2003.

The really notable absence is Dominic Harr - he lives for this sort of thing.

Did somebody give the Munchkins the night off? They seem to stay away together; I wonder if they'll arrive together.

[amigatec]

Now that you mention it.... Usually you can't say anything negative about MS without Bushxp home edition showing up with a flame thrower. Maybe he's patching holes in the OS of his choice. Perhaps he's updating his Microsoft Certified Sales Engineer cert to 2003.

I think you are right, unless maybe he got hacked, with all the recent flaws in windows. Even MS was hit with Slapper.

[amigatec]

Hey Troll how come you are so silent??

When IBM is sued you are all other them, but when MS gets sued you run and hide.

What's the matter Bill hasn't released his FUD papers on this yet??