Fallout From Alcatel-Lucent's Patent Nuclear War With Microsoft Continues
from the be-careful-who-you-launch-against dept
Part of the conventional wisdom in having tech companies apply for lots of patents is that they're helpful as a "defensive" mechanism against other companies filing patent lawsuits against you. It's the nuclear stockpiling argument that suggests (without much proof) that the more patents everyone holds, the less likely actual patent litigation will result. That doesn't seem to be happening, though, as we see more and more patent "nuclear wars" happening. For example, Alcatel-Lucent went after Microsoft on a questionable patent concerning MP3 technology. While Alcatel-Lucent initially won that battle to the tune of $1.5 billion, everything's gone down hill since then. First, Microsoft hit back at Alcatel-Lucent, dredging up a bunch of patents it claimed the company was violating. Then, a judge overturned the $1.5 billion ruling. Now, Microsoft's patent attack on Alcatel-Lucent has succeeded, as a judge at the US International Trade Commission (yes, Microsoft is also using the popular loophole in patent law here) has determined that Alcatel-Lucent has infringed, suggesting that its products be barred from the US. While this seems like a silly ruling, it does show how if you're going to play the game of accusing companies of patent infringement, you might get burned yourself.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: nuclear war, patents
Companies: alcatel-lucent, microsoft
Reader Comments
Subscribe: RSS
View by: Time | Thread
Wasting valuable assets on BS
The stockholders should hold the board responsible.
[ link to this | view in chronology ]
A pox on both their houses!!!
[ link to this | view in chronology ]
Quick flowchart
Did the lawyers get involved?
| |
| |
| NO---------------------+
| |
| |
+>YES |
+ Post Resume online +->Can you Negotiate?
| +-> YES ->Apply for promotion
| | and Negotiate.
| +-> NO -> Post resume on Monster.
| +> Find a way to negotiate.
|
+-> IS THE BUSINESS INVOLVED?
+-> NO -> WINNER. Apply for Director Position and negotiate.
| +-> NO -> Apply for raise and negotiate.
+-> YES -> Tell Business to Go Pound Sand while you negotiate.
[ link to this | view in chronology ]
It's more like Dog-eat-Dog than Nuclear Stockpilin
Dog 1 beats dog 2.
Dog owner 2 gets bigger dog.
Dog 2 beats dog 1.
Alternate ad nauseum, adding and subtracting Dog Owners as required.
I say we stop using the term nuclear stockpiling and start using another term. (How about "Patent Breeding? The only reason a lot of companies put in patents these days is to make money anyway....)
"Nuclear Stockpiling" just doesn't seem appropriate to me.
[ link to this | view in chronology ]
simply capitalism at work
Gotta love it dude or get the fuck out
[ link to this | view in chronology ]
The lawyers get paid no matter who wins
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Who you gonna call
This situation has a cascading because each side is getting the same legal advice.
[ link to this | view in chronology ]