Re: [Discuss] more on software patent

2011-10-05 Thread Rich Braun
Jerry Feldman g...@blu.org observed: one of the biggest issues is not patents per se, but the fact that litigation can take many years ... it does not matter if the allegation stands or not, it is sometimes the fact that a company will settle even though it knows it can win. One of the famous

Re: [Discuss] more on software patent

2011-10-04 Thread Matt Shields
On Tue, Oct 4, 2011 at 9:29 AM, Kyle Leslie fbx...@gmail.com wrote: While I don't have a ton of a background in this whole Patent thing, I have been reading this thread and trying to form my own opinions and gain knowledge. I decided to read the article that Matt posted and in doing so I

Re: [Discuss] more on software patent

2011-10-04 Thread Kyle Leslie
09:29:03 -0400 From: Kyle Leslie fbx...@gmail.com To: BLU discuss@blu.org Subject: Re: [Discuss] more on software patent Message-ID: CAOxrMGh3w-D-P41X1KZZrBAYLs= nltqkyuv0kaq5vrw6-a4...@mail.gmail.com Content-Type: text/plain; charset=UTF-8 While I don't have a ton

Re: [Discuss] more on software patent

2011-10-04 Thread Hsuan-Yeh Chang
On Tue, Oct 4, 2011 at 10:53 AM, Kyle Leslie fbx...@gmail.com wrote: Ok well to give you the scope of what I am looking at, here are the public records for the Lawsuit http://ia600700.us.archive.org/22/items/gov.uscourts.wiwd.30864/gov.uscourts.wiwd.30864.docket.html and here is the claim of

Re: [Discuss] more on software patent

2011-10-04 Thread Jerry Feldman
On 10/04/2011 12:54 PM, Hsuan-Yeh Chang wrote: That's part of the litigation strategy. If you've ever sued or get sued, you would know that many of the particulars are not pleaded in the initial complaint. It often takes years for the court to figure out whether the allegation stands or not.

Re: [Discuss] more on software patent

2011-10-03 Thread Jerry Feldman
On 10/02/2011 09:10 PM, Tom Metro wrote: Glad to see the spirited discussion on software patents. If you want to listen to a decent investigative report on how the patent system in general (not specific to software patents) is broken, and learn more about how troll companies operate, check

Re: [Discuss] more on software patent

2011-10-03 Thread Hsuan-Yeh Chang
See the poster child http://www.1201tuesday.com/1201_tuesday/2010/10/poster-child.html If this is a valid patent; already in; how do you accommodate that? If I were the Examiner, I would reject the claims and have the applicant appeal my decision. With this particular case, I would blame

Re: [Discuss] more on software patent

2011-10-03 Thread markw
See the poster child http://www.1201tuesday.com/1201_tuesday/2010/10/poster-child.html If this is a valid patent; already in; how do you accommodate that? If I were the Examiner, I would reject the claims and have the applicant appeal my decision. With this particular case, I would blame

Re: [Discuss] more on software patent

2011-10-03 Thread markw
The current patent system has a measurable negative impact on my business as a contract developer of software solutions. More often I'm seeing clients seeking to put patent indemnification clauses into their contracts. If such a clause is present, there is no action my business can take to

Re: [Discuss] more on software patent

2011-10-03 Thread Matt Shields
On Mon, Oct 3, 2011 at 10:57 AM, Hsuan-Yeh Chang hsuan...@gmail.com wrote: 35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor,

Re: [Discuss] more on software patent

2011-10-03 Thread Hsuanyeh Chang
If I have the honor, what I can offer now is to write up, in the name of BLU, a request for ex parte reexamination and get it on file in the patent office in an attempt to invalidate the asserted patent(s). But, I would need support from the BLU (e.g., knowledge and time to find prior

Re: [Discuss] more on software patent

2011-10-03 Thread Derek Martin
Hsuan-yeh, On Mon, Oct 03, 2011 at 09:56:36PM -0400, Hsuanyeh Chang wrote: If I have the honor, what I can offer now is to write up, in the name of BLU, a request for ex parte reexamination and get it on file in the patent office in an attempt to invalidate the asserted patent(s). But, I

Re: [Discuss] more on software patent

2011-10-02 Thread Tom Metro
Glad to see the spirited discussion on software patents. If you want to listen to a decent investigative report on how the patent system in general (not specific to software patents) is broken, and learn more about how troll companies operate, check out: When Patents Attack!

Re: [Discuss] more on software patent

2011-10-02 Thread Greg Rundlett (freephile)
I call BS on the whole idea of prior art. It's everywhere and patents are issued that defy the rules. There is no art in the system. Ask a real patent attorney what he thinks. See the poster child http://www.1201tuesday.com/1201_tuesday/2010/10/poster-child.html If this is a valid patent;