Antivirus Firm Pays Up To Avoid Being Barred From Selling In The US

from the yup.--that's-innovation dept

Last summer we noted that a seller of anti-virus appliances was on the verge of being completely barred from selling in the US for infringing on a patent held by Trend Micro for server-based anti-virus software. It seemed a bit odd that server-based anti-virus software could be patented -- but that's what happened. Of course, with the risk of having its US sales blocked out, Fortinet has decided to settle the lawsuit. The terms aren't stated, but you can assume that Fortinet had to pay some sum to Trend Micro just to keep selling its product in the US. Considering just how obvious the "invention" is, it hardly seems likely that Fortinet needed Trend Micro's info to create its appliances -- but now it has to pay up just to keep selling. That doesn't seem like promoting innovation at all.

16 Comments | Leave a Comment..


If you liked this post, you may also be interested in...
 

Reader Comments (rss)

(Flattened / Threaded)

  1.  

    No Subject Given

    identicon
    Go Figure..., Jan 30th, 2006 @ 4:26pm

    Thats sucks does'nt it?

    reply to this | link to this | view in thread ]

  2.  

    Response: Antivirus Firm Pays Up To Avoid Being Ba

    identicon
    Gainer, Jan 30th, 2006 @ 4:28pm

    Read the Patent #5,623,600 from April 1997. The concept of server-base virus software is not the core of the patent. It is the 822 process steps that are documented make the patent defensible. Trend has quite specific definitions for how the technology is built - the dispute must have some merit. I believe defending intellectual property is important to defend in the US as nearly 70% of our economy is service-based (we don't make capital goods like we used to) http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srch num.htm&r=1&f=G&l=50&s1=5,623,600.WKU.&OS=PN/5,623,600&RS=PN/5,623,600

    reply to this | link to this | view in thread ]

  3.  

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    identicon
    Anonymous Coward, Jan 30th, 2006 @ 4:40pm

    U need to check out http://www.tinyurl.com

    reply to this | link to this | view in thread ]

  4.  

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    identicon
    Dam, Jan 30th, 2006 @ 5:41pm

    You need to look at the TLD: ".gov". When has anything done by the .gov ernment been tiny?

    reply to this | link to this | view in thread ]

  5.  

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    identicon
    Johan, Jan 30th, 2006 @ 5:59pm

    OR just make a hyperlink

    reply to this | link to this | view in thread ]

  6.  

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    identicon
    Anon, Jan 30th, 2006 @ 7:46pm

    Trend is Japanese, no?

    reply to this | link to this | view in thread ]

  7.  

    No Subject Given

    identicon
    OK, Jan 30th, 2006 @ 7:56pm

    Here is the above link done through tinyurl. http://tinyurl.com/b6czf

    reply to this | link to this | view in thread ]

  8.  

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    identicon
    Anonymous Coward, Jan 30th, 2006 @ 8:12pm

    Trend is German, yes.

    reply to this | link to this | view in thread ]

  9.  

    Blackmail Sucks

    identicon
    giafly, Jan 31st, 2006 @ 5:28am

    Re: I believe defending intellectual property is important to defend in the US as nearly 70% of our economy is service-based (we don't make capital goods like we used to)

    Strange use of the word "defend", to describe one company attacking another.
    And surely patent lawsuits make a bad situation worse, not better, by increasing the costs of manufacturing in the USA?

    reply to this | link to this | view in thread ]

  10.  

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    identicon
    Tom, Jan 31st, 2006 @ 6:26am

    Problem is about 90% of all software patents have some basis in prior art and should be summarily ruled invalid. Patent Office doesn't have the staff nor the skill to make this determination, which leads to a lot of undeserved patents being issued.

    reply to this | link to this | view in thread ]

  11.  

    Re: Blackmail Sucks

    identicon
    foofdawg, Jan 31st, 2006 @ 7:47am

    "And surely patent lawsuits make a bad situation worse, not better, by increasing the costs of manufacturing in the USA?"

    I don't think I'd be too happy if someone else was making money off of something I patented. I also don't see where the manufacturing cost of software that is already completed and sold on the retail market would rise because of their lawsuit.

    reply to this | link to this | view in thread ]

  12.  

    Software patents suck

    identicon
    Anonymous Coward, Jan 31st, 2006 @ 9:22am

    they are the biggest thing threatening inovation in software

    its a virtual mine field, you cant really write ANY new software that does anything without using patented obvious code. fortunately most of the time you arent sued on it. didnt i see a case a while back where microsoft got sued for some kind of browser plugin system? i mean microsoft makes the OS, makes the dll loading mechanism, makes the browser, makes the ability to load browser plugins for it ;) and someone else does it, and patents it.. its like .. someone builds a road, and you patent driving on it and sue them..

    reply to this | link to this | view in thread ]

  13.  

    Re: Blackmail Sucks

    icon
    Mike (profile), Jan 31st, 2006 @ 11:02am

    I don't think I'd be too happy if someone else was making money off of something I patented.

    Which misses the point entirely. Hey, I wouldn't be too happy if someone opened up a competing pizza shop next to the pizza shop I run, but THAT'S COMPETITION. You have to compete in the marketplace -- not the patent office.

    As for patents increasing costs, they add greatly to the legal fees associated with being in the software business.

    reply to this | link to this | view in thread ]

  14.  

    Re: Blackmail Sucks

    identicon
    Adam W, Jan 31st, 2006 @ 4:42pm

    Not to mention extortion payments, which are also passed on to the customer

    reply to this | link to this | view in thread ]

  15.  

    Re: Software patents suck

    identicon
    Blanc0, Feb 1st, 2006 @ 6:43am

    someone builds a road, and you patent driving on it and sue them.. More accurately: Someone builds a road, you build and patent a car to drive on that road and they copy your car.

    reply to this | link to this | view in thread ]

  16.  
    identicon
    Igor, Dec 4th, 2009 @ 8:26am

    But don't you see, they are promoting innovation, they just want it all for themselves. I do have to agree that the fact that they somehow patented server based antivirus itself is pretty surprising. Patents can be notoriously hard to attain and are very specific. I am thinking that the server based antivirus is the general term for what they patented, but the process itself is quite specific. And, if this held up in court, there is probably something to it. Also, my bet is against a lump sum payment, and for a permanent percentage of sales....just a hunch, though.

    reply to this | link to this | view in thread ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>


A word from our Sponsors...
Follow Techdirt
Flattr rss rss
From the Techdirt Archive...
A word from our Sponsors...

Close

Email This