Tag: Examples of Patents in Business

Would the Outcome of Microsoft v. ATT Been Different if a Beauregard Claim Had Been Used?

There are many reviewers and pundits who have discussed the recent Supreme Court case of Microsoft v. ATT, which dealt with a patent that Microsoft admitted to contributory infringement. This meant that Microsoft’s software enabled someone else to infringe, but that Microsoft itself did not directly infringe. The question was whether or not Microsoft was to be liable for infringement outside the US because Microsoft sent master copies of infringing software overseas for copying and foreign distribution and whether that action amounted to infringement.

The court decided that Microsoft was not liable because Microsoft did not export the copies of Windows installed on the foreign made computers. Instead, Microsoft supplied a master from which copies were made.

This is a very, very fine distinction.

The Importance of Patent Searches

This report on Out-law.com talks about the Euro notes that may possibly infringe a European Patent. The patent holder is apparently seeking a reasonable royalty for the literally billions of Euro notes in circulation.

Let this serve as an example of how operating in a vacuum can be a bad thing.

What is a Patent Worth?

An excellent, succinct posting by Bob Shaver on the Patent Pending Blog about the value of a patent in practical terms needs no further elaboration.

A Bad Take on the Software Patent Issue

This post on Don Marti’s blog is rather interesting. Mr. Marti, a member of the Silicon Valley Linux Users Group, proposes that all prior art be stored away until someone attempts to enforce a software patent (and spends a bunch of money doing so). Then, all the prior art will be dusted off and shown the light of day in a countersuit of invalidity. This is in stark contrast with Matt Buchanan’s post suggesting the opposite.

The reason for Mr. Marti’s action is to undermine every single software patent that is asserted against someone else.

While this strategy is intellectually interesting, it does have a couple flaws.