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Cloudflare’s fight with a “patent troll” could alter the game

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Re: Cloudflare’s fight with a “patent troll” could alter the game

#161

Earlier quoted context omitted.

Or when EL James rewrote Twilight without the vampires and called it 50 Shades of Grey.

Or when Disney animated Doc Hollywood and called it Cars

Cars was a Pixar movie.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#162
post #68
post #61

Earlier quoted context omitted.

> The NPE category includes universities and researchers. Good point. Aren't they more likely to develop patents rather than buy them, though? Or are there more edge cases missing?

The patents have no value if the ultimate owners are unable to enforce them. Once the patent exists, it is a tradable asset like copyright.

I'm pretty sure I don't like the idea that patents or copyrights can be transferred. There is the issue in both cases of cooperative invention or writing thought, and I'm not sure how to deal with that.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#163

Earlier quoted context omitted.

The scenario you described involving diligence and shorting would almost automatically merit an investigation from the SEC. I think it might actually merit an automatic "fine" under short swing profit rules.

It would, from the SEC. There is no analog for lawyers.

You would definitely be disbarred.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#164

More detail on what we are doing from three blog posts: Standing Up to a Dangerous New Breed of Patent Troll https://blog.cloudflare.com/standing-up-to-a-dangerous-new-b... Project Jengo https://blog.cloudflare.com/project-jengo/ Patent Troll Battle Update: Doubling Down on Project Jengo https://blog.cloudflare.com/patent-troll-battle-update-doubl...

Umm…I think you mean Jango Fett, not "Jengo" Fett, in the caption for the first image in the second article.

The idea of using the name Jango is probably patented.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#165
post #38

> “[Is Blackbird] doing anything thing that is illegal or unethical?” continues Cheng. “For the most part, it’s unethical. But it’s probably not illegal.” If it's not illegal, more work needs to be done to make it illegal. Inventors always have avenues, moreso today than ever before.

> If it's not illegal, more work needs to be done to make it illegal. President Obama tried to reform patent trolls but Mitch McConell stopped that. Most of the patent troll shell corp are in Eastern Texas.

Did he? I don't remember that, but maybe I missed it. Also, the relationship between Eastern Texas and patent trolls is related to the branch of the Fifth Circuit court, whose justices are appointed by the President (currently, 3 Obama appointees, 2 GW Bush appointees, 1 Clinton appointee, and one Reagan appointee), not anything that Mitch McConnell has any influence over.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#166

Earlier quoted context omitted.

Copyright covers implementations, not ideas. I have no moral objection to truly novel inventions in computer science being protected by patents. An innovative search algorithm, a compression scheme, etc. Its shit when MP3s and GIFs were encumbered, but they were genuine inventions whose sharing publicly genuinely advanced the public good. The kind the patent trolls use are not innovative in the same way. We need a st…

Patents cover implementations, not ideas. Ideas are not patentable. Neither are algorithms. The implementation of an idea in a machine is patentable in most places in the world. The implementation of an algorithm on a machine is patentable in the U.S. We need better understanding of existing definitions so that we don't rehash the same arguments over and over again.

Lol I'm not a lawyer and I am not really interested in the legal distinction between idea and implementation, because if a non practicing entity can buy a patent that amounts to a few flowcharts you're just arguing silly semantics as far as I'm concerned.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#167

Earlier quoted context omitted.

Lawyers I know are extremely risk adverse. It starts with law school, where it is the default, safe path for a lot of people who think "I want to be really important and make money" but have a degree in English, philosophy, etc. and don't know how to translate that into a high powered job without more schooling. Then the grind of law school, where they all obsess over class rank, who gets the best internship, who get…

If you've left Big Law, you are already off the risk-averse path. These are very seniority-focused places, which will not hire you back after you've left the Big Law system (with the exception of a few high-prestige postings, like a court clerkship). i.e. these lawyers will probably never again work at Latham anyway.

Considering most lawyers in big law won't make partner (from what I've heard, what makes logical sense, and what this Quora post says[0]) most non-partner lawyers in big law will eventually leave. Let's keep them from becoming patent trolls, shall we?

[0] https://www.quora.com/What-percentage-of-associates-at-big-l...

Re: Cloudflare’s fight with a “patent troll” could alter the game

#168

I've used Latham & Watkins. Just made a call to let a partner there know what I think about his firm's alumna and how it colors my opinion of him and his firm. Encourage everyone to check with your firm's General Counsel about this. If you use Latham, or Kirkland or Weil, encourage your GC to reach out and make your views heard. It's despicable that these lawyers are harassing their firms' former and potential client…

Let’s say that a firm’s alumna of a firm you have used sue you for patent infringement. Is there some insider-style laws that may be violated?

Re: Cloudflare’s fight with a “patent troll” could alter the game

#169

Earlier quoted context omitted.

Umm…I think you mean Jango Fett, not "Jengo" Fett, in the caption for the first image in the second article.

The idea of using the name Jango is probably patented.

Possibly, but that doesn't mean they can't spell it correctly in an image caption. Indiana Jones is right below it, and it's correct.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#170

I think that this is absolutely brilliant. I've been against the patent of generalistic ideas, and basic processes for a very long time. Anything in software should not really be patentable, unless there is a concrete implementation of an invention, it's not an invention, it's a set of instructions. Let software work under trade secrets, but not patents. Anyone can implement something they think through. It's usually…

Interestingly, Blackbird has a patent portfolio that is not exclusive to software, although Cloudflare intends to invalidate them all.

> although Cloudflare intends to invalidate them all.

Scorched earth doesn’t allow for half measures, plus leaving them with any patents would leave them with hope and we can’t have that.

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