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In two consecutive days, The Wall Street Journal presented two different answers. The first is not surprising: Intellectual Ventures, the brainchild of ex-Microsoft executive Nathan Myhrvold. It's now out "to raise as much as $1 billion to help develop and patent inventions, many of them from universities in Asia." I know I will sleep so much more comfortably knowing that IVL will be out plundering Asia so that it can turn around and plunder the rest of the planet.
by: zoobabzoobab
14 Nov 2007 13:29
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The University of California is a major patent player. It receives by far more patents from the U.S. PTO than any school in the country. It’s generated about $500 million in patent royalties and fee income in the past five years. It also aggressively uses the courts. As a plaintiff alleging patent infringement, the school has settled a claim against Genentech for $200 million, secured a payment of $185 million from Monsanto, and won a $30 million settlement from Microsoft. Yet, when it comes to getting sued for patent infringement, the university, as well as the state of California, are Teflon. The legal doctrine of sovereign immunity protects states and state institutions from legal liability. Courts have held that participating in the federal patent system doesn’t cost a state its immunity. The upshot — states can sue, but effectively can’t be sued. Here’s the WSJ story.
by: zoobabzoobab
14 Nov 2007 13:27
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And, in the light of the newest EU Treaty of Lisbon, majority decisions in this field of law should be possible after ratification thereof. This rough consensus might mature into a full political majority if the French EU Presidency manages to overcome some problems concerning issues like language of proceedings etc. pp. In short, Mr. Gaster believes that the problem of building effective political majorities for a EU-wide patent litigation system can be solved with good luck during the French EU Presidency in 2008.
by: zoobabzoobab
14 Nov 2007 10:27
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A job offer by the EPO recruiting software patent examiners appeared recently on Monster.be. But the EPO don't grant software patents.
by: zoobabzoobab
14 Nov 2007 10:19
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"That is probably fair," said Kim Walker, head of intellectual property at Pinsent Masons, the law firm behind Out-law.com. "The solution would really be for somebody like the European Commission to say that protection for software which is constantly evolving and developing and is only really valuable for a couple of years, doesn't need 20 years of protection." "It would be good if someone had the guts to develop a new form of protection for software which would give short, sharp and narrow protection," he said. "I don't know if it would be feasible, the international complications would be enormous, but if you are going to protect software otherwise than through copyright, it ought to be something with a lighter touch."
by: zoobabzoobab
13 Nov 2007 16:16
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The reforms could include viewing patents not as a monopoly on innovations but as a way of making information about them more widely available, European Patent Office vice president Michael Desantes told a conference in Manila. Adrian Cristobal, head of the Philippines' intellectual property office, said the patent system needed to be promoted in his country since only 1.2 percent of all patents in the Philippines were held by Filipinos.
by: zoobabzoobab
13 Nov 2007 13:11
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My railing against software patents shouldn't be new to you, dear reader. Recently, this tilting at windmills has generated some attention. Among other things, a new group of interesting people is forming a coalition named End Software Patents.
by: zoobabzoobab
13 Nov 2007 13:06
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This treaty could ultimately prove bigger than WIPO - without the constraints of consensus building, developing countries, and civil society groups, the ACTA could further reshape the IP landscape with tougher enforcement, stronger penalties, and a gradual eradication of the copyright and trademark balance.
by: zoobabzoobab
13 Nov 2007 12:31
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There is still heavy internal discussions going on whether to use the C-Word. A World Cup of CII was organized by IENA which kindly pointed to FFII ressources.
by: zoobabzoobab
13 Nov 2007 11:21
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The last couple of years has brought about rapid and dramatic changes in patent law. The impetus for this change has come not only from the usual sources ­ the U.S. Court of Appeals for the Federal Circuit and the U.S. Patent and Trademark Office, but also as a result of an unprecedented combination of increasing attention on patent cases by the U.S. Supreme Court and patent reform debate in Congress. Against the backdrop of this new patent environment, this paper discusses the various existing and emerging business models within the evolving intellectual property (IP) marketplace.
by: zoobabzoobab
13 Nov 2007 11:19
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If people thought it was hard to get the London Agreement up and running, they should wait for the fireworks a concrete proposal for a single European patent jurisdiction will cause. You can expect howls of protest and very well organised campaigns opposing whatever plans are drawn up from organisations which will see it as a move to strengthen patent protection in Europe, certainly with regard to software and computer implemented inventions. Once the demonstrations and the internet campaigns begin, strong political support from the very top will be crucial if anything concrete is to happen.
by: zoobabzoobab
13 Nov 2007 11:06
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"Google, along with Microsoft and a number of other large companies, are defending against a host of so-called trolls -- small companies, academics and individuals asserting patent infringement on core technologies," technology attorney Raymond Van Dyke told TechNewsWorld. "It is a long way to go before trial even in the Eastern District of Texas, and with a reduced threat of injunction, pursuant to the Supreme Court eBay decision, Google is likely unconcerned at this time," added Van Dyke.
by: zoobabzoobab
13 Nov 2007 00:03
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According to a recent press release, next week the High Court is to hear an appeal from a UK-IPO decision (Astron Clinica & others) on software patents. The appeal, coordinated by the well-known name (in the world of software patents at least) of Beresford & Co., relates to the UK-IPO's practice, following their interpretation of Aerotel/Macrossan (see previous IPKat posts here, here, here or here), of refusing claims directed to computer program products, even when such claims refer to claimed methods that are otherwise seen to be allowable. The four patent applications in question had method claims that were all deemed to be allowable, but were refused solely on the grounds of having computer program product claims.
by: zoobabzoobab
13 Nov 2007 00:00
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The patent describes a distributed database system that breaks search queries into fragments and distributes them to multiple computers in a network to get faster results. The patent was assigned to Northeastern University, which licensed it exclusively to Jarg, according to the lawsuit, filed last Tuesday with the U.S. District Court for the Eastern District of Texas.
by: zoobabzoobab
12 Nov 2007 22:16
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Keith Beresford, well known british hacker of the European Patent Convention and author of the book "Patenting Software Under the European Patent Convention", is trying to reverse the Macrossan case in front of the High Court in UK.
by: zoobabzoobab
12 Nov 2007 19:06
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Acacia Research Corporation announced today that its Acacia Patent Acquisition Corporation subsidiary has acquired a patent for compiler technology. "Acacia continues to grow its base of future revenues by adding new patent portfolios," commented Paul Ryan, Acacia Chairman and CEO. "As our licensing success grows, more companies are selecting us as their partner for the licensing of their patented technologies," concluded Mr. Ryan. The patented technology generally relates to software object pre-compilation and linking in software compilers. The technology may be used in the development of application software such as operating systems, business software, video games, Internet commerce, and enterprise software.
by: zoobabzoobab
12 Nov 2007 17:27
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Judgment in mock trial and debate on issues raised (Led by Professor Tilmann, Lovells, Düsseldorf; Judges: Peter Meier-Beck (Germany), Robert Van Peursem (Netherlands), Alice Pézard (France)); Interaction between EPO post-grant procedures and national litigation (Chair: Sir Robin Jacob, Court of Appeal, UK, Alison Brimelow, President, EPO, Edward Nodder, Chris Mercer, President, epi, Jan Wilems, Max von Rospatt, Pierre Véron) ; Brevets sans frontières: update on European initiatives (Chair: Jochen Pagenberg, Bardehle Pagenberg, Munich Margot Fröhlinger, European Commission)
by: zoobabzoobab
12 Nov 2007 15:46
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And finally software patents have become a site of conflict where not only different business models but also different vision of the knowledge society clash. [...] More specifically we have analyzed the conflicts around two recent EU directives the first EU directive on the enforcement of intellectual property rights (IPRED 1) and EU directive on the patentability of computer-implemented inventions (Softwarepatent Directive). The study aims to explain why in the first case the decision making process followed the dominant maximalist rights culture, while in the second case the arguments of the proponents of alternative regulation modes have been heard. We argue that dynamic relational aspects are crucial to understand the structure of the conflicts and to explain their outcomes. It is important to take a closer look at the relations between the actors and at the characteristics of the networks.
by: zoobabzoobab
12 Nov 2007 15:27
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The High Court is set to review government restrictions on the protection of computer-implemented inventions in the U.K. The hearing, set for 19 November follows an appeal by four small high-tech English companies against a decision of the UK-Intellectual Property Office in July. The high-tech four are challenging the UK-IPO’s refusal to accept patent claims that cover disks and downloads, thus undermining the ability of British industry to protect inventions reliant upon the development of new software. Astron Clinica Limited, Software 2000 Limited, Surf Kitchen Inc and Cyan Holdings Plc. have developed technology in fields ranging from skin imaging and printer drivers through to telecoms and micro-controllers. Each is reliant on novel software, and the ability to control the distribution of that software is critical to the success of their business.
by: zoobabzoobab
12 Nov 2007 14:56
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This time, however, Google is late to the party. And while it may enter the market with a potentially brilliant idea, terrific brand, and the deepest of pockets, it probably won't own many, if any, patents for mobile-phone operating-system software. Perhaps I've been overexposed to the adversarial world of mobile-wireless intellectual property, in which patent protection is wielded like a battle axe -- but Google's lack of mobile-phone software patents could be a distinct disadvantage. Yes, Google plans to build its software with open-source code developed in a public collaborative manner -- but even this can get slapped with expensive and distracting patent litigation. Reliability, support quality and security are other issues surrounding open-source platforms.
by: zoobabzoobab
12 Nov 2007 12:23
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