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"Wi-LAN has successfully negotiated patent licensing deals with a number of companies covering a broad range of patent families and technologies," said Wi-LAN president Jim Skippen on Thursday. "Our existing licensing agreements are a strong endorsement of the strength and validity of our valuable patent portfolio. While we prefer to resolve patent infringement through business discussions, we have consistently maintained that litigation was always a possibility when negotiations do not result in a licence within a reasonable time." The suit was filed in the Eastern District of Texas--the same district in which the Australian science organization CSIRO is suing various companies over Wi-Fi patents.
by: zoobabzoobab
05 Nov 2007 11:50
1  
I'll talk about the negative impacts of software patents another time. But today I'd like to make the case that patents are irrelevant to software innovation, based on my 25 years of representing hundreds of startups, the largest number of which have been either pure software companies or other ventures whose value lay in the software at the heart of their businesses. That history tells me that if patents were to disappear tomorrow, the process of innovation wouldn't skip a beat...
by: zoobabzoobab
05 Nov 2007 11:47
1  
The deal was negotiated in a back room with no presence of any of the plantiffs, of which SAMBA is the sole remaining. This was a brokered deal between Balmer and an EU politico. The license that has already been released requires the patent license to get the interoperability info, you can't disclose source and you around bound to audits and other incomprehensible terms that completely exclude GPL software. The EU Politico that negotiated the "settlement" bent over and snatched defeat from victory while listening to the soft promises of Steve Balmer. Just like the US anti-trust was destroyed by political involvement so was the EU case. Mark my words, Samba will issue a statement saying the settlement offers them nothing.
by: zoobabzoobab
31 Oct 2007 11:59
1  
Microsoft Corp. will pay Timeline Inc. $5 million to settle a patent infringement lawsuit, according to a Securities and Exchange Commission filing by the Seattle patent-holding company. According to Timeline's SEC filing last week, Microsoft agreed to pay Timeline $5 million within 14 days as part of the settlement. Timeline, which describes itself as a "company ... solely focused on commercializing its patent portfolio," had sued the Redmond computer giant and its subsidiary ProClarity Corp. for patent infringement.
by: zoobabzoobab
31 Oct 2007 11:45
1  
Eben Moglen, Founding Director of the Software Freedom Law Center, today issued a statement regarding the Sun, NetApp patent lawsuit: "NetApp, in bringing this litigation, has announced that it wishes to prevent Sun from sharing ZFS with the community. This conduct is a misuse of questionable patents to prevent the spread of valuable technology. Using patent threats and litigation against free software and open source communities is an abuse of the public interest the law is supposed to serve."
by: zoobabzoobab
31 Oct 2007 11:33
1  
What's driving the debate are arguments that patent litigation in the US is out of control. Holston says HP will spend $US75 million this year defending itself against patent cases. Cisco spends more each year defending itself in patent cases than in salaries for 150 people, Cisco general counsel Mark Chandler says. "It has become a real tax on innovation because of the litigation," Chandler says. "Any one of those cases can be $US5 million or $US10 million in litigation fees," says Tim Crean, chief intellectual property counsel for SAP, the world's largest business software maker. "When you add it up, there's a substantial burden."
by: zoobabzoobab
30 Oct 2007 15:54
1  
The driving force behind the legislation has been complaints by tech companies of a sharp increase in patent infringement lawsuits over the past several years. Cisco General Counsel Mark Chandler said the maker of communications equipment faced three lawsuits per year a decade ago, while today, the company has 30. Each can cost millions of dollars to fight.
by: zoobabzoobab
30 Oct 2007 14:30
1  
NetApp wants to win this case, so it filed the original lawsuit in the IP troll-friendly courts of the Eastern District of Texas. Right away, that puts NetApp’s claims in a negative light….Then you have Sun playing the open source card…
by: zoobabzoobab
30 Oct 2007 10:26
1  
Looking at the recent discussion around the patent issue between Sun and NetApp, I'm really wondering who is on the right side. Seeing the various reaction, it looks like a child play to me where no one really knows who started : especially, if you read this letter from Sun with a previous offer to NetApp for buying a cross-licensing. There is at least something clear to me, both are not using patents for defensive reasons… but maybe, I have another definition of a "defensive" patents portfolio than they have. Go back to work and stop this child play.
by: zoobabzoobab
29 Oct 2007 18:15
1  
Fresh off agreeing to pay Sprint Nextel $80 million earlier this month, Vonage has now agreed to compensate Verizon at least $80 million to settle their patent dispute, and the total could hit $117 million depending on the outcome of appeals Vonage has pending. 'If Vonage wins rehearing on either the '574 or '711 patent or if the injunction is vacated as to the '574 or '711 patent, Vonage will pay Verizon $80 million. If Vonage does not win rehearing on either the '574 or '711 patent, or if the stay is lifted reinstating the injunction, Vonage will pay Verizon $117.5 million.' And, of course, don't forget AT&T just recently opened charges against the company as well.
by: zoobabzoobab
26 Oct 2007 15:36
1  
Fresh off agreeing to pay Sprint Nextel $80 million earlier this month, Vonage has now agreed to compensate Verizon at least $80 million to settle their patent dispute, and the total could hit $117 million depending on the outcome of appeals Vonage has pending. 'If Vonage wins rehearing on either the '574 or '711 patent or if the injunction is vacated as to the '574 or '711 patent, Vonage will pay Verizon $80 million. If Vonage does not win rehearing on either the '574 or '711 patent, or if the stay is lifted reinstating the injunction, Vonage will pay Verizon $117.5 million.' And, of course, don't forget AT&T just recently opened charges against the company as well.
by: zoobabzoobab
26 Oct 2007 15:34
1  
Advocates of software patents probably won’t be ready to give up their guns easily. It could be argued that although software consists of algorithms that produce predictable results, the outcomes of their interactions may not be obvious until they actually do solve a problem or prove useful. Admitting this line of reasoning could bring this down to a matter of examining each claimed software patent, instead of a total abolition of software patents — which is what is really needed. Ultimately, the argument may have to transcend the doctrinal tests for patentability and touch on the purposes of patents and their effects. What should we make of the legal morass created by the current situation when it becomes almost impossible to avoid some kind of infringement because of the proliferation of obscure and even frivolous patents? If software patents stifle competition and innovation — which they do — then do they ultimately do more harm than good?
by: zoobabzoobab
26 Oct 2007 15:19
1  
GM: Typically, patent trolls don't have any products, so they are unlikely to be infringing on any of your patents. Isn't that a problem for the OIN approach? JR: Very clearly there's not much we can do with regard to patent trolls. On the other hand, it's my belief that patent trolls go where the money is. They're after the big dollars. That's probably why they haven't, and not for a long time will, go after the open-source movement - that's not where the money is. Could it become a problem in the future? The answer is, sure it could.
by: zoobabzoobab
26 Oct 2007 14:57
1  
In light of the current lawsuit with Technology Licensing Corporation and IP Innovation and Ballmer saying that Red Hat uses IP owned by Microsoft, how can Red Hat ensure corporate customers that patent issues will not affect their business? [...] The protection of our clients is a top priority, and Red Hat provides the most comprehensive intellectual property coverage for open source software that is available. The Red Hat Open Source Assurance program protects our clients in two ways. One is in business continuity - Red Hat offers assurances of uninterrupted use of its technology solutions. We also offer indemnification against claims by ANY holder of software patents.
by: zoobabzoobab
26 Oct 2007 14:44
1  
On Wednesday Sun Microsystems announced a counter suit against Network Appliance, wherein they will draw on their "defensive portfolio" which is "one of the largest patent arsenals on the internet". They are going to be requesting a permanent injunction to remove all of NetApp's filer products from the marketplace, and also seeking monetary damages (half of which they've pledged to donate to the Software Freedom Law Center and Peer to Patent Project). Last month, NetApp sued Sun for patent infringements in ZFS. Earlier this month in Texas, the first ever patent infringement lawsuit against Linux distributors was filed.
by: zoobabzoobab
26 Oct 2007 14:25
1  
In terms of proving a link between Microsoft and Acacia this is smoke, just as the move of two Microsoft executives to Acacia unit IP Innovation is smoke. Microsoft CTO Nathan Myhrvold’s founding of his own patent firm last year? Smoke, coincidence. And if you take a satellite picture of southern California today that’s all you’ll see — smoke. But there’s fire below the California smoke. Is all this smoke just coincidence? It may well be. But the smoke gets thicker by the day.
by: zoobabzoobab
26 Oct 2007 14:17
1  
Acacia Research Corporation announced today that its Financial Systems Innovation LLC subsidiary has entered into a settlement agreement covering a patent that applies to credit card fraud protection technology with Shell Oil Company. [...] The patented technology generally relates to a computerized system for protecting retailers and consumers engaged in credit card, check card, and debit transactions. The system includes an electronic card reader, and the generation and use of a transaction number, which specifically identifies each transaction processed within the system.
by: zoobabzoobab
26 Oct 2007 14:15
1  
Acacia Research Corp, a technology license company, said its unit entered into a settlement agreement with Shell Oil Co, covering a patent that applies to credit card fraud protection technology. The patented technology generally relates to a computerized system for protecting retailers and consumers engaged in credit card, check card, and debit transactions, it said.[...] The patented technology generally relates to a computerized system for protecting retailers and consumers engaged in credit card, check card, and debit transactions, it said.
by: zoobabzoobab
26 Oct 2007 14:12
1  
Vonage has finally settled its patent war with telecom giant Verizon. It will be costly: up to $117.5 million. But most important: Vonage won't have to shut down its network or pay Verizon a chunk of its monthly revenue. [...] If Vonage doesn't win a rehearing on either patent, or if the stay is lifted, Vonage will pay Verizon $117.5 million, plus another $2.5 million to "certain charities."
by: zoobabzoobab
26 Oct 2007 10:18
1  
An article in Australia's IT News mentions that under its antitrust agreement with the European Union, 'Microsoft will publish an irrevocable pledge not to assert any patents it may have over the interoperability information against **non-commercial** open source software development projects.' Essentially, in addition to getting them to comply with the anti-trust decision, the EU has forced Microsoft to back off of its saber-rattling when it comes to EU open source projects. That protection in no way extends to US projects, of course.
by: zoobabzoobab
26 Oct 2007 10:12
1  
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