04.24.11

Eye on Patents: Monopoly Conflict of Interest and Software Patent Headlines

Posted in Patents at 7:40 pm by Dr. Roy Schestowitz

Summary: A set of news about software patents and the general problems associated with patent monopolies

● Rick Falkvinge: Monopoly Lawyers Shouldn’t Write Monopoly Laws

● Kappos and his $100 Million (10%) Budget Cut (a so-called ‘IP’ guy [1, 2] promoting so-called ‘IP’)

Last week, I reported that the new appropriations for the remaining five-months of FY2011 would force the USPTO to cut approximately $100,000,000.00 from its budget. That figure represents more than a 10% cut in what the office was expecting to spend during this period. Today, USPTO Director David Kappos confirmed my statements in a message to USPTO Employees. He writes:

In view of the funding cuts reflected in the final budget and affecting the U.S. government as a whole, we will be unable to expend the additional $85-100 million in fees that we will be collecting during this fiscal year—funds that we had anticipated being able to use to fund operations this year.

… Further, I am mindful of the fact that we may very well be operating at the FY 2011 level for the foreseeable future. As a result, we have had to make some difficult decisions in order to ensure the responsible stewardship of the agency.

● Akamai Loss to Limelight to Be Reheard by U.S. Appeals Court

Akamai Technologies Inc. (AKAM) persuaded a U.S. appeals court to reconsider whether Limelight Networks Inc. infringed a patent over software that speeds delivery of Web videos.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit said in December Limelight didn’t infringe the patent. In an order posted on the court’s website today, the Federal Circuit said the dispute will be considered by all of the court’s active judges.

● Nevada Lawyer Launches Patent Assault Over Media Companies’ Websites

A Nevada attorney and former tournament blackjack player says he invented—and patented—most forms of targeted online advertising. Now, Sheldon Goldberg has filed a lawsuit demanding royalties from 12 major media companies, including the owners of Conde Nast magazines and alt-weekly publisher Village Voice Media.

● GPD Global’s FLOware® Software optimizes underfill processe

● Federal Court Sides With TiVo in Ongoing EchoStar Battle

● Appeals Court Rules Dish Network Breached Patent Rights Held by TiVo

● Patent Protection (discusses a lot of the usual stuff)

“For me and many others the patent battle was a case story that demonstrated to us that a critical mass of dedicated persons from all the European countries can have significant political influence when fighting for better regulations for our society. Now, under the latest European Treaty, Official Journal of the European Union C 115/21 Article 11, a group of one million people from different member states can ask the European Commission to take up a specific topic to initiate or change legislation.” –Anne Østergaard

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Rick Falkvinge: From Microsoft Employee to Patents Foe

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