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Delaware judge discovers hidden entity recruiting people to be patent trolls

987 点作者 Andrew_Russell超过 2 年前

23 条评论

williamcotton超过 2 年前
It is too easy for people to hide behind corporate entities and to the detriment of public accountability.
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btrettel超过 2 年前
Current USPTO patent examiner here. The most effective way to eliminate bad patents would be to give examiners more time, say double the time across the board to start. If an examiner can&#x27;t find prior art in the little time they&#x27;re given, and they have no other reasons to reject the application, they&#x27;ll have to grant it. The amount of time was (basically) set in the 1970s based on data from the 1960s. There have been some minor increases since then. Several orders of magnitude more prior art exists now. And while search technology has improved, it hasn&#x27;t become orders of magnitude better. So I&#x27;d argue that the workload has increased dramatically since the 1970s. Simply giving examiners more time would probably greatly reduce the grant rate, and also incidentally reduce examiner stress levels. Patent examination is a tough job, as examiners rarely get enough time to do a quality job, and this leads to the high stress levels.<p>USPTO upper management is taking comments about the &quot;robustness and reliability of patent rights&quot; until February. You can leave your comments here:<p><a href="https:&#x2F;&#x2F;www.regulations.gov&#x2F;document&#x2F;PTO-P-2022-0025-0001" rel="nofollow">https:&#x2F;&#x2F;www.regulations.gov&#x2F;document&#x2F;PTO-P-2022-0025-0001</a><p>Unfortunately giving examiners more time is only briefly addressed in this request for comments. I think the public should really drive home the point that the procedural changes discussed wouldn&#x27;t be anywhere near as effective as simply giving examiners more time.<p>Don&#x27;t believe examiners are overworked? Take a look at this subreddit: <a href="https:&#x2F;&#x2F;www.reddit.com&#x2F;r&#x2F;patentexaminer&#x2F;" rel="nofollow">https:&#x2F;&#x2F;www.reddit.com&#x2F;r&#x2F;patentexaminer&#x2F;</a><p>(Note that this comment is only my opinion, not that of the USPTO, US government, etc.)
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CoastalCoder超过 2 年前
Can someone explain the significance of the court&#x27;s inquiry?<p>I understand how it&#x27;s <i>interesting</i> to see how one NPE structures it&#x27;s relationships. But aside from the mail drop &#x2F; physical location shenanigans, I can&#x27;t tell if there&#x27;s any <i>legal</i> significance to this information.
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AlbertCory超过 2 年前
I&#x27;m a patent agent and I worked in Google&#x27;s Patent Litigation department. This is a slight hyperbole, but only slight: I can bust any software patent. I found the prior art that prevented Google Maps from being shut down in Germany:<p><a href="https:&#x2F;&#x2F;www.themarysue.com&#x2F;google-maps-facing-german-ban&#x2F;" rel="nofollow">https:&#x2F;&#x2F;www.themarysue.com&#x2F;google-maps-facing-german-ban&#x2F;</a><p>@btrettel is right that examiners need more time, but that would mean the PTO would have to hire a lot more of them. A better solution is just to change patentable subject matter to (effectively) exclude computer software. Congress will have to do this since the courts and PTO are unwilling or unable.<p>As for @blobbers below: patents are <i>not</i> a shield against trolls. They&#x27;re only a shield against your competitors who actually build things. Trolls don&#x27;t want your patents; they only want your money.<p>Lastly, as for the tools: I was told, 10-12 years ago, that when it was suggested that examiners use Google as well as their mandated tools, the union objected that this would be more work and they&#x27;d have to be paid more. Perhaps this is no longer true, and I know that the conscientious ones always did.
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Andrew_Russell超过 2 年前
Sorry all. Apparently I need to put Cloudflare back on the server. Here is the achive.org version:<p><a href="https:&#x2F;&#x2F;web.archive.org&#x2F;web&#x2F;20221107120623&#x2F;https:&#x2F;&#x2F;ipde.com&#x2F;blog&#x2F;2022&#x2F;11&#x2F;04&#x2F;a-wild-hearing-chief-judge-connolly-flips-over-rock-finds-mavexar-llc-crawling-around-controlling-patent-litigation-and-giving-hapless-patent-owners-just-5-10&#x2F;" rel="nofollow">https:&#x2F;&#x2F;web.archive.org&#x2F;web&#x2F;20221107120623&#x2F;https:&#x2F;&#x2F;ipde.com&#x2F;...</a><p>Edit: I discovered the Render.com autoscaler setting. Hopefully it&#x27;s back now.
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ilamont超过 2 年前
&quot;Passive income&quot; strikes again. Such schemes are not just clogging up courts with patent troll cases, they&#x27;re responsible for a great deal of the spam, bogus reviews, garbage products, affiliate nonsense, and other online B.S. designed to trick the unwary and make it miserable for legitimate businesses.
headsoup超过 2 年前
I like this judge. More of them please. Reminds me of judge Otis T. Wright (<a href="https:&#x2F;&#x2F;floridaiptrends.com&#x2F;2013&#x2F;03&#x2F;12&#x2F;prenda-law-meet-judge-otis-t-wright&#x2F;" rel="nofollow">https:&#x2F;&#x2F;floridaiptrends.com&#x2F;2013&#x2F;03&#x2F;12&#x2F;prenda-law-meet-judge...</a>)
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w0mbat超过 2 年前
When Scooby-Doo took the mask off the troll, he was just the old caretaker, Nathan Myhrvold.
pj_mukh超过 2 年前
&quot;Judge Connolly made very clear that, in cases before him, it is not truthful to represent that a post office box is a &quot;principle place of business&quot; of an entity. &quot;<p>&quot;Uh Oh!&quot; - Every Remote business owner.
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duxup超过 2 年前
Outside of the liability passed to the smaller entities, what would the advantage of this structure be legally?
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drannex超过 2 年前
I&#x27;ll take a very unlike myself opinion in this - I&#x27;ll support patent trolls, but only if their exploits are increased by a thousand fold and punishes the entire patent system for being incredibly inept, antiquated, and against any and all forms of innovation. We need serious and far ranging complete patent reform (or revolution) and if deliberate brute-force use of the horrendous laws and regulations that have allowed those entities to proliferate over the last several decades finally forces changes, then bring on more of them.<p>Short term they are horrendous, long term we may need them to force positive changes that benefit and are on the side of small-time inventors and problem solvers, and not the mega-corporations (patent trolls with massive capital).<p>tl;dr: Patent trolls are bad, the patent system that enables them is bad, we need to force massive patent reform.
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arthurofcharn超过 2 年前
I just want to thank whoever tipped off the judge about these shenanigans. To the mole that I suspect exists within MAVEXAR, you have my thanks. I request that the mole copy all the hard drives that he&#x2F;she has access to, so that the mole has leverage if caught. It would make a fine letter to your senator.<p>Stay safe out there.
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kazinator超过 2 年前
&gt; <i>Giving Hapless Patent Owners Just 5-10%</i><p>This seems to refer to the people who got recruited to serve as owners of the patents. They are not &quot;hapless&quot;; they are getting a slice of the patent trolling action.<p>&gt; <i>In short, it looks like both of these witnesses signed up to be the fall guys for the assertion of these patents</i><p>Unfortunately, the article doesn&#x27;t hint at what that might mean. Obviously they are inconvenienced by having to appear in court as witnesses. Do they face forfeiture of the LLC income, and penalties? Jail?
jl2718超过 2 年前
Thought: Intellectual property should have nothing to do with payments to register your ideas with the government. Essentially, IP cases should revolve around whether an idea was “stolen”, which is different than coming up with the same thing at a later date. The original intent of the patent system was to promote publication. There are plenty of other ways to publicize work now.
nicolas_t超过 2 年前
Completely unrelated but because having a patent is a significant plus in a lot of visa scheme what is the easiest and cheapest way to get a patent in the next two years? I wouldn&#x27;t use it for trolling, wouldn&#x27;t use it to protect any ip but would just use it to get the points on the visa application when moving to Japan.
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whoiscroberts超过 2 年前
The real question is who hired the entity to do the recruiting. I guess that can be inferred by the patents used in the trolls.
shmerl超过 2 年前
So some mob decided to make a few shell companies to run patent protection racket. They should end up in jail.
wellbehaved超过 2 年前
Patents are just inherently bad. There is no way to morally&#x2F;ethically justify them nor to &quot;fix&quot; the inherently broken system. This is just one of those unquestioned relics from the past that clutches at shackling the youth for the sake of the old entrenched powers, and thus holds back humanity.<p><a href="https:&#x2F;&#x2F;reasonandliberty.com&#x2F;articles&#x2F;patents" rel="nofollow">https:&#x2F;&#x2F;reasonandliberty.com&#x2F;articles&#x2F;patents</a>
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sylware超过 2 年前
Is there anybody still doubting there is a corporate shadow world? You know the &quot;pulling the string in the shadow&quot;, and that without fantasy conspiracy theories.
DueDilligence超过 2 年前
.. I now fear for the judges life.
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cycomanic超过 2 年前
I find the framing of the conversation around problems with the patent system to largely be about patent trolls quite disingenuous.<p>This might sound controversial, but patent trolls are pretty much the only way for a &quot;small inventor&quot; to monetize a patent (note not invention). If say IBM violates your patent an individual or even a moderate startup or company has absolutely no chance of defending it, because IBM will either drown you in litigation cost or if you also do business find 10 other patents in their portfolio that you violate and force you to cross licence.<p>By framing the issues to be about patent trolls means that the big companies just want to have their cake and eat it too. They want to keep out newcomers without any risk to their own business.<p>That doesn&#x27;t mean I am pro patent trolls, but I just am not convinced that the patent system fullfills any value. Patents are written so broad that they are essentially meaningless.
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commitpizza超过 2 年前
Maybe patents is a bad idea and should be removed.
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heloitsme22超过 2 年前
Hi I&#x27;m just trying this thing out
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