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

    No Subject Given

    Thats sucks does'nt it?

    link to this | view in thread ]

  2. identicon
    Gainer, 30 Jan 2006 @ 4:28pm

    Response: Antivirus Firm Pays Up To Avoid Being Ba

    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

    link to this | view in thread ]

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

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

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

    link to this | view in thread ]

  4. identicon
    Dam, 30 Jan 2006 @ 5:41pm

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

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

    link to this | view in thread ]

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

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    OR just make a hyperlink

    link to this | view in thread ]

  6. identicon
    Anon, 30 Jan 2006 @ 7:46pm

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    Trend is Japanese, no?

    link to this | view in thread ]

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

    No Subject Given

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

    link to this | view in thread ]

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

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    Trend is German, yes.

    link to this | view in thread ]

  9. identicon
    giafly, 31 Jan 2006 @ 5:28am

    Blackmail Sucks

    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?

    link to this | view in thread ]

  10. identicon
    Tom, 31 Jan 2006 @ 6:26am

    Re: Response: Antivirus Firm Pays Up To Avoid Bein

    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.

    link to this | view in thread ]

  11. identicon
    foofdawg, 31 Jan 2006 @ 7:47am

    Re: Blackmail Sucks

    "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.

    link to this | view in thread ]

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

    Software patents suck

    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..

    link to this | view in thread ]

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

    Re: Blackmail Sucks

    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.

    link to this | view in thread ]

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

    Re: Blackmail Sucks

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

    link to this | view in thread ]

  15. identicon
    Blanc0, 1 Feb 2006 @ 6:43am

    Re: Software patents suck

    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.

    link to this | view in thread ]

  16. identicon
    Igor, 4 Dec 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.

    link to this | view in thread ]


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