Live data from Hacker News

Google Reexam Requests Devastating to Lodsys

groklaw.net

11–20 of 67 posts

Re: Google Reexam Requests Devastating to Lodsys

#11

Equally interesting is that one of Lodsys's targets is seeking discovery in Arizona of whether Lodsys is a cat's paw of Intellectual Ventures: http://www.groklaw.net/article.php?story=201108171318536

It is sad that you even need to 'seek discovery' to check such things. Why is it even possible to do business anonymously?

Re: Google Reexam Requests Devastating to Lodsys

#12

Earlier quoted context omitted.

For what?

Not checking for prior art when filing the patent application. Sorry, I guess my comment above looked like I was talking about the current litigation.

Lodsys didn't file the patent application. As far as I understand, these are patents filed by Intellectual Ventures (Nathan Myhrvold's company). Lodsys is just a front for them.

http://www.guardian.co.uk/technology/2011/jul/27/intellectua...

Re: Google Reexam Requests Devastating to Lodsys

#13
post #5

Earlier quoted context omitted.

If this is true, surely the judge will ask: if each of these claims can be invalidated by five separate pieces of prior art, why in the world were the patents granted in the first place?

aren't like 80% of patents invalidated on reexamination? (which is, of course, significantly different than 80% of patents being invalid) the judges are probably pretty used to crappy patents.

Also, judges live in the real world too, and I would expect some of the current patent talk has leaked into their social circle.

Re: Google Reexam Requests Devastating to Lodsys

#14

Equally interesting is that one of Lodsys's targets is seeking discovery in Arizona of whether Lodsys is a cat's paw of Intellectual Ventures: http://www.groklaw.net/article.php?story=201108171318536

What I do not understand: Google and Apple are both investors to Intellectual Ventures. So the dog is biting its own tail quite horrendously here.

Re: Google Reexam Requests Devastating to Lodsys

#15
post #5

Earlier quoted context omitted.

If this is true, surely the judge will ask: if each of these claims can be invalidated by five separate pieces of prior art, why in the world were the patents granted in the first place?

aren't like 80% of patents invalidated on reexamination? (which is, of course, significantly different than 80% of patents being invalid) the judges are probably pretty used to crappy patents.

I haven't seen statistics, but I know of many that have passed a reexam or two with flying colors.

Re: Google Reexam Requests Devastating to Lodsys

#16

Earlier quoted context omitted.

For what?

Not checking for prior art when filing the patent application. Sorry, I guess my comment above looked like I was talking about the current litigation.

You don't have to do that, and most people don't. If you happen to know about some relevant prior art, then you have a duty to disclose it to the PTO... but you don't have to go looking for it.

Re: Google Reexam Requests Devastating to Lodsys

#17
post #11

Equally interesting is that one of Lodsys's targets is seeking discovery in Arizona of whether Lodsys is a cat's paw of Intellectual Ventures: http://www.groklaw.net/article.php?story=201108171318536

It is sad that you even need to 'seek discovery' to check such things. Why is it even possible to do business anonymously?

Why shouldn't it be? Private enterprise is private.

Re: Google Reexam Requests Devastating to Lodsys

#18
This is a nice piece of work. And it is refreshing to see Google jump in here. When I saw they paid $12.5B for the Motorola patents I wondered why, if they were willing to play at that level, they couldn't set aside 200 - 300M for a bunch of greybeards and IP lawyers to sit around dissecting the patent database, every journal article ever printed, etc and just obliterate a crap ton of the stupid patents.

Now an evil company would say "Ok, we can invalidate half your portfolio, or you can give us a free license to anything you've patented and we'll look the other way, which will it be?"

Few companies could pull off such a strategy.

Re: Google Reexam Requests Devastating to Lodsys

#19
post #14

Equally interesting is that one of Lodsys's targets is seeking discovery in Arizona of whether Lodsys is a cat's paw of Intellectual Ventures: http://www.groklaw.net/article.php?story=201108171318536

What I do not understand: Google and Apple are both investors to Intellectual Ventures. So the dog is biting its own tail quite horrendously here.

Hedging?

Nothing requires their company to be ideologues against patents.

(except for "Don't be evil")

-- signed, an EFF member

Re: Google Reexam Requests Devastating to Lodsys

#20
post #17
post #11

Earlier quoted context omitted.

It is sad that you even need to 'seek discovery' to check such things. Why is it even possible to do business anonymously?

Why shouldn't it be? Private enterprise is private.

Corporations are creatures of the state and do not exist "naturally"
Post reply on HN