Analyst Firms Fight Over Patents On How They Collect Data
from the oh-please dept
Earlier this week, a couple of us here at Techdirt were looking over a new research report from an analyst firm, when we noted with some surprise that the copyright notice also included the phrase "patent pending." We went back and forth trying to figure out just what an analyst firm might be patenting, but apparently they're not the only ones. The latest is that one research firm is suing another research firm for violating a patent on measuring wireless device and network usage. The complaint comes from Telephia, and is filed against M:Metrics. Both firms are fairly well known in the wireless space for providing data on mobile data usage. However, the idea that one of them should own patents on the idea of measuring such things seems ridiculous. Measuring data usage on computing devices is quite common -- and the idea that just because something moves to a mobile device it's unique enough to deserve patent protection is silly and has little to do with promoting innovation. It's not as if collecting mobile data usage metrics wouldn't have happened without patents. It's an obvious step for the market that has always thrived on data usage metrics. However, even more importantly, these are two research firms. Shouldn't they be competing on the quality of their data -- not who has a patent on the research method? Should we, as a corporate research firm ourselves start wasting our money filing patent claims (or worrying about whether we violate other analyst firms' patents)?
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What is next --->
pattent pending.
ps. Don't even think about replying or i'll sew your arse so fast ... err.. my lawer says to stop there
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Might it be good?
Yet, it sounds very similar to Google's PageRank patent. We should grade search engines based on their results and not their patened tools as well, but doesn't patenting their tools give them an incentive to create new and more accurate ones? Of course, that presumes they don't patent the idea of measuring data, and stick to patenting the tools which do so.
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Stupid patent arguments
"We are strong proponents of mobile device metering as a next-generation research tool" - he forgot to add "but if only done by us" to that statement...
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Research Metrics method patents
The Telephia patent, which I just read, claims elements perhaps unique to the telecom networks. It may be simplistic to think "that just because something moves to a mobile device it's unique enough to deserve patent protection is silly." The method accounts for calls on one's chosen subscriber network, those via others' networks, e.g., roamers, number of new subscribers and number that cancel service, etc., etc. I agree those all can be stated as algorithms, which used not to be patentable, but the courts let that genie out of the bottle.
The other point I wonder about is what patent infringement suits have "to do with promoting innovation," or not. The technology is available, even if only one company is making that available. The patent enables that company to keep innovating, and it keep others from non-innovative infringements. Either way, the innnovation is available to all, but only the patentee or its licensee can offer it.
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Re: Research Metrics method patents
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Remove some patent options
Now it seems that anyone can patent an idea.
Just need to remove the new types of patents that have come about back to and including software patents. This would solve a lot of problems such as wasteful lawsuits.
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