28 More Companies Sued Over Grouped Toolbars Patent

from the patent-hawk-greed dept

You may recall last summer that we wrote about Gary Odom (as known as Patent Hawk) who has been known to stop by our site here to throw around an insult or two (nice guy!). It seems that Odom, who had previously worked with Microsoft, doing prior art research for its patents, had decided to turn around and sue Microsoft for having software toolbars that take different toolbar items and group the items together (stunning innovation, there). It later turned out that he may have violated his contracts in suing Microsoft.

That case is still ongoing, but why stop with just suing one company? Especially when that company is big and has lots of lawyers. Why not sue 28 other companies over the same patent. Amusingly, when Joe Mullin from IP Law & Business called Odom to comment, Odom refused, saying: "You're a hack job, man." Always a pleasant guy, that Odom. However, Odom had no problem discussing at length the lawsuit on his own blog -- amusingly referring to himself in the third person, and (this is great) offering his own "expert" opinion on the validity of his own patents and lawsuit. Very credible.

While it seems quite likely that the patent in question (Tool group manipulations) is invalid following the Bilski decision, Odom brushes aside those concerns saying anyone suggesting that "[doesn't] know what they are talking about" and then offers his own interpretation of the Bilski ruling, which doesn't seem to mesh with what the ruling actually said, or how the courts and the USPTO have been interpreting the ruling. Still, let's give him the benefit of the doubt and assume he's right, and that the patent is still valid. So what does he want?

Well, from his post, it appears he wants these companies to shut up and hand over 25% of their profits, based on a rule of thumb from half a century ago. Think about this back here in reality for a second. He's asking for 25% of all profits on nearly 30 different software products, because those software products happen to have toolbar menus where the buttons are in editable groups. This is an obvious minor feature on a minor feature of a minor feature. And he thinks it's fair and equitable to get 25% of all profits. Update: In the comments, Odom clarifies, saying that he does't want 25% of the profits (though, his original post is woefully unclear on this subject), ut 25% of the value of the feature. Considering the additional value to these products of having groupable toolbars seems minimal, I'm guessing about $5 towards Odom should about cover it. Odom, in the way only he can, also leaves another insult for us. Nice guy!

People like to point out these days that pretty much any high tech product in some way or another violates tens to hundreds of patents, thanks to the happy rapidity with which the USPTO approves any old obvious idea. Imagine if each one got to demand 25% of all profits as a license? It doesn't take a math major to recognize how the assertion makes no sense.


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    Mechwarrior, Apr 24th, 2009 @ 6:00am

    Obviously this guy is right. He had zero to do with the patents, produced nothing of importance to society, and is a lawyer.

    Give him all the money he wants.

     

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    Killer_Tofu (profile), Apr 24th, 2009 @ 6:00am

    That Guy

    Odom sounds like a really big idiot. I hope he loses every lawsuit he starts.
    And, just for a little bit of icing to that cake I hope he is ordered to pay legal fees too.

    But really, I wish the losses like that upon everybody who sues regarding patents that cover software stuff.
    Keep the patents out of the field. They are stupid and we don't want them.

     

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    Rob R., Apr 24th, 2009 @ 6:08am

    Gary Owed-em?

    Gary Odom is a moron. I think he is a galactically stupid, self-absorbed fool that does nothing but try to steal that which others have done. He is totally gone in self-wallowing small man syndrome. He is nothing and he can't take it. He is no one and that lack of any kind of importance whatsoever cankers his soul.

    I find his pain amusing. His suffering fills me with glee.

    Please report on anything bad that happens to him, as it makes my day. I hope he gets boils on both millimeters of his penis.

     

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      mobiGeek, Apr 24th, 2009 @ 7:02am

      Re: Gary Owed-em?

      How can you say that? I mean, Angry Dude hangs out at his blog and supports what he has to say.

      I mean...Angry Dude, dude!

       

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    Garry, Apr 24th, 2009 @ 6:18am

    That link regarding Goldscheidner refers to a patent held by Goldscheidner which was licensed out to resellers of the equipment.

    To be in a position to claim 25% of the profits for MS Office, surely he would have to claim that the product couldn't possibly have existed if it wasn't for his toolbar?

     

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    Tgeigs, Apr 24th, 2009 @ 6:31am

    Mike's character summaries

    Preface: I'm only newly a "geek", in that I have just over a year in the IT industry, and most of it is only on the security side, hence I sadly don't know how to hyperlink w/i comments. So, in the former post Mike links to:

    http://www.techdirt.com/articles/20080820/0148172039.shtml

    Comment #51 is an incredibly interesting (at least to a amatuer psychologist like me) rundown of character summaries on some of TD's most notorious commentors. I'm fairly new here, and probably amongst the least technical oriented commentors (which is why I love this site, since it tackles tech/business/legal without getting too technical), but I would love to see a similar breakdown on Mike's summaries for the current "class" of commentors.

    Sorry for the off topic aside, I just wondered if anyone else would find that interesting.

     

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      Cixelsid, Apr 24th, 2009 @ 6:42am

      Re: Mike's character summaries

      You psychoanalyzing our comments? o_O

      Dont get me wrong. Its brilliant. But somehow also disturbing.

       

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        Tgeigs, Apr 24th, 2009 @ 6:47am

        Re: Re: Mike's character summaries

        I assume you're saying that it's strange for me to psychoanalyze others' comments. I couldn't agree more. I know I'm a strange, conspiracy theorist type. I wouldn't presume to be on the Maz's summary list, but it'd be interesting to see my breakdown :)

         

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      mobiGeek, Apr 24th, 2009 @ 7:05am

      Re: Mike's character summaries

      See underneath each comment is a "link to this comment" link?

      Right-click >> Copy that link, paste it wherever you want. That is the link to a specific comment.

       

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        Tgeigs, Apr 24th, 2009 @ 7:09am

        Re: Re: Mike's character summaries

        Nice, thanks.

         

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        mobiGeek, Apr 24th, 2009 @ 7:16am

        Re: Re: Mike's character summaries

        BTW: According to the character summary, Mike is unaware of any patents that Angry Dude has, though AD claims to have one/some/many.

        According to a comment by "Angry Dude" in the ego-maniacal blog posting of Patent Hawk ("Panning the Patent Stream"...nuggets of gold indeed), Mr. Angry patents silicon internals.

        I seriously don't understand why anyone who embeds logic inside of closed hardware like a silicon chip would decide to go the patent route rather than the trade secret route. Reverse engineering the algorithms in a chip is Way More Difficult (though not impossible) than reverse engineering a software system.

        Reverse engineering software, especially "UI widgets", is something just about any computer programmer can do. Reverse engineering hardware requires some very advanced electronics skills that few individuals on this planet have.

        The only reason to patent such an "invention" is to block others from doing.....OOOOOOoooooohhhhhhhh. I get it now, never mind.

         

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          Tgeigs, Apr 24th, 2009 @ 8:19am

          Re: Re: Re: Mike's character summaries

          LOL, final line payoff totally worth the investment.

           

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          angry dude, Apr 24th, 2009 @ 8:55am

          Re: Re: Re: Mike's character summaries

          Ever heard about fabless semiconductor companies, punky ?

          http://en.wikipedia.org/wiki/Fabless_semiconductor_company


          Read it over lunch, you, mindless and patentless techdirt lemming-punk creature

           

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            mobiGeek, Apr 24th, 2009 @ 9:31am

            Re: Re: Re: Re: Mike's character summaries

            established the Fabless Semiconductor Association (FSA) to promote the fabless business model globally

            So what is this "fabless business model"? The (unsubstantiated) article goes on and on about the importance of this "model" without actually specifying what it is...exactly like the way pro-patent people talk on and on about how important patents are without actually explaining why...

            Mr. Angry, are you writing article for Wikipedia too?

             

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              Luci, Apr 24th, 2009 @ 11:37am

              Re: Re: Re: Re: Re: Mike's character summaries

              It's explained in the article, sure. They design the semiconductors, then contract out the actual construction of the designs. So, basically, they're saying that 'outsourcing' is a 'new' model. Kidos to AD for making something simple actually seem complex. You know, AD, it doesn't take all that much intellect to make things up like that.

               

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                mobiGeek, Apr 24th, 2009 @ 12:10pm

                Re: Re: Re: Re: Re: Re: Mike's character summaries

                "Outsourcing" is not a business model, at least not in terms of what is discussed here on TechDirt.


                Where is the description of the economic strategy?

                 

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            Cixelsid, Apr 24th, 2009 @ 11:34am

            Re: Re: Re: Re: Mike's character summaries

            "This article needs additional citations for verification. Please help improve this article by adding reliable references (ideally, using inline citations). Unsourced material may be challenged and removed. (June 2008)"

            Go, go now, angry dude!

             

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    angry dude, Apr 24th, 2009 @ 6:56am

    Hands off Patent Hawk !!!

    You, punks !!!

     

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    Anonymous Coward, Apr 24th, 2009 @ 7:01am

    Movie accounting

    Time for the companies to use some movie accounting so that the products show no profits. 25% of 0 is 0 after all. Alternately they can make the numbers show losses then send him a bill for 25% of those paper losses.

     

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    Cixelsid, Apr 24th, 2009 @ 11:37am

    We should be ashamed...

    True love happens so seldom in the real world. What Mr. Dude and Mr. Hawk have is special, we should not deride it.

     

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    Patent Hawk, Apr 24th, 2009 @ 12:57pm

    reasonable royalty

    Let's become clear here about Mike Masnick. Masnick wrote that I want "these companies to shut up and hand over 25% of their profits." Completely wrong.

    The Goldscheider rule, which is longstanding, and thoroughly debatable, is that the inventor is only entitled to 25% of the value of a patented feature, as a vendor infringer takes the risk of marketplace acceptance. In other words, if I accept the Goldscheider 25% rule at face value, for the purposes of settlement, I'm willing to grant the infringer 75% of the value of the invention, and take only 25% of the infringing features value.

    The infringing feature's value is not the profit of the product, or its revenue. In other words, I'm not asking for a 25% royalty. That would be grossly excessive. The value of active tool groups (the infringed feature) is a rather small fraction of the value of any software product. The royalty rate being asked for, for new product sales, is a rather small fraction of 1% (much less than one percent). And the royalty base upon which the settlement offer is based is of short duration, not the life of the patent.

    The law states that a patent holder is entitled to "no less than a reasonable royalty." What I'm asking for in settlement is considerably less than a reasonable royalty.

    If Masnick's above article was not willfully spiteful, then Masnick is downright stupid in his lack of comprehension ability. Either way, what Masnick is unwilling or unable to provide is decent reportage.

     

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      Mike (profile), Apr 24th, 2009 @ 1:35pm

      Re: reasonable royalty

      Hi Gary,

      Thanks for stopping by and explaining. I'm not sure why you insist on such insults:

      If Masnick's above article was not willfully spiteful, then Masnick is downright stupid in his lack of comprehension ability. Either way, what Masnick is unwilling or unable to provide is decent reportage.

      I'm not a reporter and have never claimed as such. I have made it quite clear that I write my opinion based on the information out there as a part of a conversation, and I expect the comments to help lay out more interesting points -- as you have, even while insulting me.

      So I've updated the post with the additional info you've provided.

      However, I'd argue that my original post was neither stupid nor due to a lack of comprehension, but due to your own weak explanation of what you wanted.

      In the meantime, would you care to share why you deserve money for an idea so obvious that the companies in question all came up with it independently of your patent? Why should they have to pay you for their own innovation?

       

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        MikeIP, Apr 30th, 2009 @ 3:57pm

        Re: Re: reasonable royalty

        MM, you clearly have no idea of the legal meaning of "obvious." The claimed invention must be obvious at the time of the invention, which is assumed to be the filing date of the patent application unless evidence is later submitted. If this was so obvious, please tell us how you would have known it was obvious at that date rather than looking backwards from now. You use "obvious" over and over without showing that you know what it means in this context. Just do us all a favor and stick to simple subjects suitable for an MBA.

         

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    Patent Hawk, Apr 24th, 2009 @ 2:30pm

    Forrest Gump

    PH: "stupid in his lack of comprehension ability"
    Masnick: " neither stupid nor due to a lack of comprehension, but due to your own weak explanation of what you wanted"

    What I had written was in the original post: "I have a licensing program in place. I'm looking forward to talking with each of the parties, and being equitable in consideration of how extensively they use the claimed invention, and what constitutes a reasonable royalty, with all due respect to the long-standing Georgia-Pacific factors and the commonly applied Goldscheider 25% rule."

    Mike Masnick didn't comprehend what was written. Mike just jumped to the wrong conclusion, in spite of what was written. As Forrest Gump (fictional movie character) said: "Stupid is as stupid does."

    Your denial is content free, and indicates another common stupidity: to deny in the face of facts, because of pride.

    Why not just admit you were wrong, that you miscomprehended, rather than try to blame someone else? There was nothing wrong with my explanation. There were links to follow-on information. You have the markings of a little man, Mike Masnick.

    Mike Masnick: "an idea so obvious"; "companies in question all came up with it independently of your patent?" Clearly, you have no concept of patents, of their value to the dynamics of invention. Or what "obvious" means in patent law. Maybe you simply don't like the idea of patents, for who knows what reason, if any. Maybe you're just a corporate toad in disguise. Whatever, such an opinion displays an ignorance of economics.

    And patent law. Independent invention after patenting has nothing whatsoever to do with patent enforcement, nor should it. The problem with the patent system is that companies don't adopt patented technology by reading public information on what is patented and taking licenses. Instead, they reinvent the wheel, and then, more often as not, try to evade the law.

    No, I don't suffer fools like you easily. You didn't have to write about this in the first place. You chose to shove your head up your ass and type away. You insulted me first, by calling me greedy, when all I'm doing is following the law, with considerable sense of equity.

     

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      d, Apr 24th, 2009 @ 3:19pm

      Re: Forrest Gump

      You have the markings of a little man, Mike Masnick.

      This is hilarious. If so then pot, meet kettle!

      And seriously, why write such long responses if you are just repeating yourself in so many ways saying "you just don't understand!" What's next, a teary eyed video on YouTube with your make up running down your cheeks and you crying "Leave Patents Alone!"

       

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    Anonymous Coward, Apr 24th, 2009 @ 7:17pm

    Patent Hawk

     

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    Ronald J Riley (profile), Apr 24th, 2009 @ 7:26pm

    Parasites V. Inventors

    1)Mike Masnick says: “You may recall last summer that we wrote about Gary Odom (as known as Patent Hawk) who has been known to stop by our site here to throw around an insult or two (nice guy!).” Mike throws around insults whenever he comments about intellectual property. He advocates theft of inventors’ patent property rights. He is condescending to inventors. It is time that Mike carefully considers why virtually every inventor who visits TechDIRT responds to him as they do. Could it have anything to do with the way that Mike conducts himself?

    2)Mike Masnick says: “It seems that Odom, who had previously worked with Microsoft, doing prior art research for its patents, had decided to turn around and sue Microsoft for having software toolbars that take different toolbar items and group the items together (stunning innovation, there). It later turned out that he may have violated his contracts in suing Microsoft.” Doing some work for Microsoft does not give Microsoft the right to take someone’s inventions. Taking inventions without paying compensation is a chronic problem at Microsoft and is one of the reasons that Microsoft is a member of the Piracy Coalition (aka. Coalition for Patent Fairness).

    3)The only reason that high tech products are infringing so many patents is that the companies making those products have found that they can get away with grand larceny. It is not economical to enforce patent rights below $10 million dollars worth of infringement. And between ten and hundred million is iffy. It is only over a hundred million dollars that it becomes worthwhile with certainty. For every case patent thieves lose they get away with stealing ten to a hundred times more. Many tech companies, insurance and banking are cut from the same cloth.

    Ronald J. Riley,

    Speaking only on my own behalf.
    President - www.PIAUSA.org - RJR at PIAUSA.org
    Executive Director - www.InventorEd.org - RJR at InvEd.org
    Senior Fellow - www.patentPolicy.org
    President - Alliance for American Innovation
    Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
    Washington, DC
    Direct (810) 597-0194 - (202) 318-1595 - 9 am to 8 pm EST.

     

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    Ronald J Riley, Apr 24th, 2009 @ 7:38pm

    You have the markings of a little man, Mike Masnick.

    I submit that there are many people on TechDIRT who suffer from the "Little Person Syndrome". Some people are creators while others sit around and resent that they are not creators. What is ironic is that many people suffering from the Little Person Syndrome are probably capable of becoming creators and an asset to humanity but are simply too lazy to do so.

    Ronald J. Riley,

    Speaking only on my own behalf.
    President - www.PIAUSA.org - RJR at PIAUSA.org
    Executive Director - www.InventorEd.org - RJR at InvEd.org
    Senior Fellow - www.patentPolicy.org
    President - Alliance for American Innovation
    Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
    Washington, DC
    Direct (810) 597-0194 - (202) 318-1595 - 9 am to 8 pm EST.

     

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      d, Apr 24th, 2009 @ 9:06pm

      Re: You have the markings of a little man, Mike Masnick.

      What is ironic is that many people suffering from the Little Person Syndrome are probably capable of becoming creators and an asset to humanity but are simply too lazy to do so.

      Ronald J. Riley


      And then the irony collapses unto itself as these same people keep on referring to themselves in third person. All along pretending to take the higher ground of not insulting other people.

       

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      Anonymous Coward, Apr 24th, 2009 @ 9:31pm

      Re: You have the markings of a little man, Mike Masnick.

      Ronald,

      Toolbars ? - Really ?

       

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      Willton, Apr 25th, 2009 @ 1:17pm

      Re: You have the markings of a little man, Mike Masnick.

      I submit that there are many people on TechDIRT who suffer from the "Little Person Syndrome". Some people are creators while others sit around and resent that they are not creators. What is ironic is that many people suffering from the Little Person Syndrome are probably capable of becoming creators and an asset to humanity but are simply too lazy to do so.

      Ronald J. Riley,


      And I submit that there's at least one person of the PIAUSA that is way too concerned about the selfish desires of inventors and not concerned enough about the good of the public.

       

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    Vic Kley, Apr 25th, 2009 @ 6:18pm

    Odom, Masnick and Obviousness

    Inventors are no different then writers in that some are prolific and deep others confine themselves to less demanding prose. The big difference is in how they are rewarded and protected popular works like Jonathon Seagull are copyright protected and registered (if not plagarism) for generations while legal systems make their efforts to collect from infringers simple and clear.

    Inventors are on the other hand maligned, and whole segments of society side with the foulest criminal companies whose proven guilt in smashing small inventors and companies (they did me both ways) was the subject of major action by the Justice Department.

    If an inventor or the owner of an invention has a solid case against infringers it is not just fair but VITAL to our system of building the future on technologies that they prevail. In that new proposed law like S 515 (in which not ONE individual inventors opinion was ever sought or given instead corporations dressed up as inventors lied their asses off) build a further wall against individual inventors and small (less then 10 person) groups and make their ability to build on their unique ideas have less value our society and economy is the big loser.

    I have many patents (100 issued and pending) and even more inventions (defined as those contained in the latter patents about 2000) including a method for high speed inverse FFT a very powerful basic idea which when one understands that its just the simple arithmetic of the inverse devolved into linear components is OBVIOUS. All really good inventions are obvious after you are told the idea, and each of these is subject to search attacks IF YOU KNOW THE ANSWER which of course the examiner always does as does all the people who after the fact describe something as obvious. What is obvious to me is someone who has had his work taken by the powerful because its simplicity made it easy to steal is that I am trapped without an obvious way out- perhaps someone can invent one for me.

    A software invention is no different then a hardware invention it takes insight and work to make a new idea successful, whether its gesture control (our invention in 1987 in the pointer control software for my invention Felix running on Windows 1.0 no software patents in those days) or a new way to nanomachine at 10 atom level nmSeries software for our nanotech spinout RAVE LLC.

    You can never know the special inventions societies poor choices have crushed or killed. You just know that societies go from creative (Islam in the middle ages) to repressive (Islam in the 18th and 19th centuries).

     

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      Willton, Apr 26th, 2009 @ 10:07am

      Re: Odom, Masnick and Obviousness

      Mr. Kley, I'm sure you had a good point, but it got lost in all the poor grammar. It's hard to understand what you are saying when you use run-on sentences. Please use commas judiciously.

       

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        angry dude, Apr 26th, 2009 @ 4:34pm

        Re: Re: Odom, Masnick and Obviousness

        Smart ass you are, dude

        Haven't passed bar exam yet already teaching those with credentials how to post on Mikey's shitty blog

        Way to go, kid...

        You should make one of the SCOTUS justices

        Those fellas are not far from you intellectually

        Just read the KSR or Bilski decision

        Gosh, do I hate all lawyers !!!

         

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          angry dude, Apr 26th, 2009 @ 4:38pm

          Re: Re: Re: Odom, Masnick and Obviousness

          Agh

          Bilski was CAFC's not SCOTUS's
          Ebay was Scotus's

          Hate them all

           

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          Willton, Apr 26th, 2009 @ 7:08pm

          Re: Re: Re: Odom, Masnick and Obviousness

          Smart ass you are, dude

          Haven't passed bar exam yet already teaching those with credentials how to post on Mikey's shitty blog

          Way to go, kid...


          I'm sure that the credentials of which you speak likely do not include a degree in English. Otherwise the post likely would have been written with more clarity. "Those with credentials" do themselves a great disservice by not being able to communicate their ideas clearly.

          You should make one of the SCOTUS justices

          Those fellas are not far from you intellectually

          Just read the KSR or Bilski decision

          Gosh, do I hate all lawyers !!!


          You claim to hate lawyers, and yet when you want to assert your intellectual property, who you gonna call? That's right, a lawyer.

          Oh, and if you want to get into a intellectual jousting match with the likes of Antonin Scalia or Steven Breyer, then you're going to have to bring a lot more than that weak sauce about KSR and Bilski. Perhaps you should stop being a whiny bitch and realize that there are other concerns that the patent laws must have than the selfish concerns of people like you.

           

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            Willton, Apr 26th, 2009 @ 7:12pm

            Re: Re: Re: Re: Odom, Masnick and Obviousness

            Edit: that is not to say that I am to be associated with the likes of Scalia or Breyer. I just wanted to point out that Angry Douche is in no position to be challenging their wisdom.

             

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              angry dude, Apr 26th, 2009 @ 9:29pm

              Re: Re: Re: Re: Re: Odom, Masnick and Obviousness

              "Angry Douche is in no position to be challenging their wisdom."

              Actually, I am

              With two MS and one Phd degree (all in hard sciences and engineeirng) I think I know a little better then those undereducatd SCOTUS and CAFC fellas about the distinction between software and hardware, for example

              And yes, you are right I do not have a degree in English
              As a matter of fact English is my third language
              It's for demagogues like you and Mikey to teach others about proper English (all without being able to speak any other language)
              Loooooosers !!!

               

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                Willton, Apr 26th, 2009 @ 10:57pm

                Re: Re: Re: Re: Re: Re: Odom, Masnick and Obviousness

                With two MS and one Phd degree (all in hard sciences and engineeirng) I think I know a little better then those undereducatd SCOTUS and CAFC fellas about the distinction between software and hardware, for example

                Perhaps you do, but your science and engineering degrees do not give you more expertise on the economic or legal rationale for whether either hardware or software should be patentable subject matter or not than that which the aforementioned federal judges have.

                And yes, you are right I do not have a degree in English
                As a matter of fact English is my third language
                It's for demagogues like you and Mikey to teach others about proper English (all without being able to speak any other language)


                While I am impressed with your ability to speak three languages, that does not make communicating your points clearly and articulately any less paramount if you want to be taken seriously, regardless of whatever language you use. Unless you want to be considered an idiot (which, given your behavior on this blog, you apparently do), it would behoove you to use proper English when you post.

                Loooooosers !!!

                For someone who claims to be quite educated, you act like quite a juvenile.

                 

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              •  
                identicon
                Anonymous Coward, Apr 27th, 2009 @ 10:24am

                Re: Re: Re: Re: Re: Re: Odom, Masnick and Obviousness

                all without being able to speak any other language

                We saw your use of your other languages and since it never involves anything more that cursing, there really isn't much of a value to you having (supposedly) having them. Granted, you are not doing all too well with actually expressing any ideas in English either. Aside from you being a troll, of course. Davai, goni mat ;)

                 

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                •  
                  identicon
                  angry dude, Apr 27th, 2009 @ 10:50am

                  Re: Re: Re: Re: Re: Re: Re: Odom, Masnick and Obviousness

                  Blya, da ty mudak

                   

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                  •  
                    identicon
                    Anonymously Angry, Apr 27th, 2009 @ 12:34pm

                    Re: Re: Re: Re: Re: Re: Re: Re: Odom, Masnick and Obviousness

                    Thank you for proving my point, angry dude. Even for a 22 year old troll that you are, you could do better.

                     

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  •  
    identicon
    Anonymous Coward, Apr 26th, 2009 @ 11:42am

    I look forward to your submittal of an article for publication in a law journal that expands upon your review of the CAFC's Bilski decision.

     

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  •  
    identicon
    moelarry, Apr 27th, 2009 @ 8:25am

    "He's asking for 25% of all profits on nearly 30 different software products, because those software products happen to have toolbar menus where the buttons are in editable groups. This is an obvious minor feature on a minor feature of a minor feature."

    that is for a court of law to determine. you are not competent.

     

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    •  
      icon
      DanC (profile), Apr 27th, 2009 @ 11:55am

      Re:

      that is for a court of law to determine. you are not competent.

      You're not allowed to express an opinion on anything you haven't personally experienced. You are not competent.

       

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  •  
    icon
    Ronald J Riley (profile), Apr 27th, 2009 @ 5:06pm

    Communication Skills

    It is not uncommon for inventors to have poor communication skills. There is some reason to believe that the left handed approach which gives an inventor insight into how to invent may be related to the way people compensate for for often severe imbalances in abilities.

    Poor communication skills is not a good indication of how bright the person is. For example, I excelled in science and math and my written skills were very poor early in life. I was about thirty before I decided that those skills were important enough to master. Yet my IQ places me at about one in a million. I acknowledge that IQ tests are not a good measure of a persons worth to society, and the same is true for those whose primary skill is in communication.

    We see examples all the time of people with great communication skills who never have original thoughts, especially on TechDIRT, Slashdot, in politics, many if not most programmers, etc. We also see that those skills also go hand in hand with marginally developed ethical and moral reasoning capabilities.

    Everyone may recall that Mike was personally offended when I pointed out that his failure to grasp why his position advocating socialization of inventors patent properties is wrong for both ethical-moral and legal reasons. I questioned rather his issues are related to genes or nurturing. His response demonstrated how this kind of handicap blinds those suffering from the defect to the ramifications of their actions. In the end I think that poor communication skills is preferable to the kinds of handicaps associated with those who do have very good communication skills.

    Ronald J. Riley,

    Speaking only on my own behalf.
    President - www.PIAUSA.org - RJR at PIAUSA.org
    Executive Director - www.InventorEd.org - RJR at InvEd.org
    Senior Fellow - www.patentPolicy.org
    President - Alliance for American Innovation
    Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
    Washington, DC
    Direct (810) 597-0194 - (202) 318-1595 - 9 am to 8 pm EST.

     

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    •  
      identicon
      angry dude, Apr 27th, 2009 @ 5:35pm

      socialization of inventors patent properties ???

      Oh NO

      Mikey is not advocating socialization of inventors patents

      Socialization of patents is what we had in the old Soviet Union - an inventor was given an "inventor's certificate" but no right to make any money
      The State owned all inventions outright and was using them as it wished - rather inefficiently in the retrospect
      But nobody was allowed to profit from their own or someone else's invention, so at the very least it was a fair system

      Mikey, on the other hand, is advocating stealing of inventions from small poor guys by the rich and powerful corporations (this is what he gets paid for): in other words he is advocating "patent fairness" as defined by the Coalition of Patent Piracy

      So in my eyes, he is no better than a street punk trying to steal my wallet

       

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


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