Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Patent troll on the verge of winning 1% of iPhone revenue

arstechnica.com

Post reply on HN
Print view View original

71–80 of 127 posts

Re: Patent troll on the verge of winning 1% of iPhone revenue

#71

Post by maaku »

brudgers wrote: post #55
lutorm wrote: post #51

Earlier quoted context omitted.

It's not clear if this particular "invention" was developed for CIA, but there are also different types of government contracts, some of which assign IP to the government, some of which do not.

[IANAL] My understanding is that the US Federal government cannot be sued for patent infringement. If correct, there would be no value for it to acquire patent rights and if the technology was to be controlled, classifying the design would be better than filing patents.

1) yes, you can sue the government or contractors fir patent infringement.

2) the government can issue secret patents

IANAL, but I was a government contractor for many years.

Re: Patent troll on the verge of winning 1% of iPhone revenue

#72

Post by eridius »

EGreg wrote: post #48
steven2012 wrote: post #39

At some point, the patent trolls will force software companies like Apple, Google, and IBM to admit to themselves that software patents themselves have no value and cause more bad than good. So we need more of these patent trolls to win substantially more and more revenue from these companies, until the pain is so great that the big companies do something about it.

In this case I don't think this is a patent troll. They are an NPE but they aren't trying to bully small companies to settle out of court. If they win maybe more people will want to join the dark side and make large corporations pay. Maybe then they will put pressure on Congress to finally pass the bipartisan bill that Leahy and Harry Reid forced to be shelved.

Are patent trolls only patent trolls if they go after small businesses?

Re: Patent troll on the verge of winning 1% of iPhone revenue

#74

Post by chrismcb »

Natsu wrote: post #43
rayiner wrote: post #32

Earlier quoted context omitted.

I don't disagree it's a common viewpoint, I'm just saying it's not very useful to call every NPE a patent troll. It lumps universities together with companies that seek nuisance settlements using the cost of litigation as leverage. In general, the law allows you to sell your cause of action to someone else. For example, many investors who had suits against big banks over mortgage-backed securities sold their causes o…

> I just think it's not very useful to call every NPE a troll. Simple explanation: if they make their money from suing people, it's a troll.

No, not really. If they developed they technology and are trying to license it, and suing people that don't license it... That is not a troll. That is someone who is doing exactly what patents were meant to do... Patents we're meant to encourage people to invent.

Re: Patent troll on the verge of winning 1% of iPhone revenue

#75

Post by dTal »

chrismcb wrote: post #74
Natsu wrote: post #43

Earlier quoted context omitted.

> I just think it's not very useful to call every NPE a troll. Simple explanation: if they make their money from suing people, it's a troll.

No, not really. If they developed they technology and are trying to license it, and suing people that don't license it... That is not a troll. That is someone who is doing exactly what patents were meant to do... Patents we're meant to encourage people to invent.

You are confusing patents with copyright. Patents were meant to encourage people to disclose. It was taken for granted that people will invent things regardless of patent protection - they will just keep their inventions trade secrets.

Re: Patent troll on the verge of winning 1% of iPhone revenue

#76

Post by neurobro »

jeffdavis wrote: post #15

The fact that this is being heard in court and the patent holder is winning means, according to my definition, they aren't patent trolls. I define "patent troll" as an entity that has a sliver of a chance of winning, but 100% chance that they will impose high costs on the defendant at little cost to themselves. They use this assymetry as a form of legal extortion. They limit their downside by holding few assets aside…

I define "patent troll" as anyone who has and defends patents that should have never been issued. So, everyone who has and defends software patents is a troll, and I have no sympathy if they get sued into oblivion by other trolls.

Re: Patent troll on the verge of winning 1% of iPhone revenue

#77

Post by Peaker »

maaku wrote: post #71
brudgers wrote: post #55

Earlier quoted context omitted.

[IANAL] My understanding is that the US Federal government cannot be sued for patent infringement. If correct, there would be no value for it to acquire patent rights and if the technology was to be controlled, classifying the design would be better than filing patents.

1) yes, you can sue the government or contractors fir patent infringement. 2) the government can issue secret patents IANAL, but I was a government contractor for many years.

Secret patents that can be accessed by anyone with a high-enough classification?

It seems to defeat the original purpose of patents, which was to promote openness of inventions rather than secrecy.

Re: Patent troll on the verge of winning 1% of iPhone revenue

#78

Post by piyush_soni »

x0054 wrote: post #20

Have you guys looked at the patents in this case? They look thick and serious, but if you actually read the claims, you will soon realize that it's nothing but an obvious and straightforward procedure for deciding when and with whom to establish a VPN. None of these patents make sure that a VPN connection is more secure, more reliable, or in any way better. Majority of the patent is explanation on how a VPN works, di…

You mean they are just a little less baseless than the patent for 'rounded corners'?

Re: Patent troll on the verge of winning 1% of iPhone revenue

#80

Post by EGreg »

eridius wrote: post #72
EGreg wrote: post #48

Earlier quoted context omitted.

In this case I don't think this is a patent troll. They are an NPE but they aren't trying to bully small companies to settle out of court. If they win maybe more people will want to join the dark side and make large corporations pay. Maybe then they will put pressure on Congress to finally pass the bipartisan bill that Leahy and Harry Reid forced to be shelved.

Are patent trolls only patent trolls if they go after small businesses?

They are patent trolls if they push the business to settle out of court, which usually is only possible with small businesses.
Post reply on HN