Microsoft And Motorola Go All In With Patent Nuclear War
from the war-games dept
For years we've pointed out that among big tech companies, patents represent more of a nuclear stockpiling strategy, where they build up a bunch, and if anyone else sues them they can sue back. In theory, this should prevent a lot of patent lawsuits, but patent nuclear wars do break out every so often. These days, it seems like the whole smartphone patent thicket is leading to quite a few nuclear blowups:
In response, Motorola quickly spun around and countersued Microsoft, claiming that Microsoft infringed on 16 of its patents. The countersuit took all of one day to go out, suggesting Motorola certainly had it ready. In the end of course, the lawyers will make plenty of money and products we all buy will be more expensive. Just the way the patent system was supposed to work, right?
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Filed Under: nuclear war, patents, smartphones
Companies: microsoft, motorola
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Well its confused you Mike, probably not anyone else !!!..
How many hours did it take you to create that wall of rubbish.
Its good to see that you are spending your time doing things that are actually constructive.
But that looks like a very good representation of what patents and business works in your mind.
A confused mess, that you diagramed perfectly. At least we know that very few people could be so confused over something so simple.
But if that diagram is a indication of your level of understanding, (which it looks like), then ofcourse its a confused mess.. job done..
You have not told us how the "patent thicket" is, you have just documentated you're massive lack of understanding, and knowledge of the patent system.
If thats is how you think the system 'works' you have no place in making comment about patents.
As that diagram clearly shows, you dont have a clue !!!..
But if you just created that diagram to make you look stupid, and ignorant than you have achieved your goal.
We all understand, you are 'unclear' about the patent system,, so say the least.. !!!.
Ofcouse, Mike, while your waisting your time, and destroying any remnents of your reputation, why dont document the diagram for military technology advancement and the interconnects between the different 'interest' groups ?
Ah, you would not want to do that, for one, you have even less understanding of military technology as you do about patents (or the real world for that matter).
I have a 10 year old neice that has a better grasp of patents and business than you do Mike..
Mike do you actually read anything apart from slashdot ??
Do you even have an original idea?, or do you rely on /. and BN for your 'dirt'.. ??
You are always raving on about patents, at the same time displaying little or no knowledge of the subject.
I guess you have been doing this for years, what have you achieved ? anything ?
(made a pretty picture, that means nothing).. apart from a FUD graphic, when have you proposed, what reforms have you spearheaded?
Apart from whine here, and leech of Google adds, what have you done to advance technology, to develop something new, or to improve things for anyone ??
How many crystal balls have you sold ??
Why is it that even though your 'crystal ball' is a "PAYWALL" you 'hate' paywalls.
Sure, you hate them, except when they make you some money !!.
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Re: Well its confused you Mike, probably not anyone else !!!..
Mike could have added more arrows and arrowheads by my count. It's completely ridiculous that companies have to navigate that in order to do business. It keeps small companies (and therefore, innovation) from the marketplace.
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
Below you will find What Darry Should Have Said to Make His Point Clear (WDSHSMHPC)
darryl: Geeezzzz Mike, you might want to consider getting a life !!!.
WDSHSMHPC: I am a looser and need to get a life
darryl: How many hours did it take you to create that wall of rubbish.
WDSHSMHPC: I wish I could get paid for blogging!
darryl: Its good to see that you are spending your time doing things that are actually constructive.
WDSHSMHPC: Everything I do is a waste of time
darryl: But that looks like a very good representation of what patents and business works in your mind.
WDSHSMHPC: reminds me of my twisted up thoughts
darryl: A confused mess, that you diagramed perfectly. At least we know that very few people could be so confused over something so simple.
WDSHSMHPC: Why am I posting here again? I am so confused
darryl: But if that diagram is a indication of your level of understanding, (which it looks like), then ofcourse its a confused mess.. job done..
WDSHSMHPC: I ran out of arguments after my first sentence, time to pull straws.
darryl: You have not told us how the "patent thicket" is, you have just documentated you're massive lack of understanding, and knowledge of the patent system.
WDSHSMHPC: It would be great if I could document my thoughts as well as Mike, maybe then people would understand what I am saying.
darryl: If thats is how you think the system 'works' you have no place in making comment about patents.
WDSHSMHPC: I hope no one realizes I do not know how this patent system works.......
darryl: As that diagram clearly shows, you dont have a clue !!!..
WDSHSMHPC: An neither do I, thats why I keep making these comments that have no substance!
darryl: But if you just created that diagram to make you look stupid, and ignorant than you have achieved your goal.
WDSHSMHPC: Looks like I'm about as smart as Forrest Gump, stupid is as stupid does!
darryl: We all understand, you are 'unclear' about the patent system,, so say the least.. !!!.
WDSHSMHPC: Too bad I can not be clear in my rant.
darryl: Ofcouse, Mike, while your waisting your time, and destroying any remnents of your reputation, why dont document the diagram for military technology advancement and the interconnects between the different 'interest' groups ?
WDSHSMHPC: Maybe I can confuse everyone and make them think I am smart by bringing up off-topic ideas!, muwahahahaaaaaaaa!!!!
darryl: Ah, you would not want to do that, for one, you have even less understanding of military technology as you do about patents (or the real world for that matter).
WDSHSMHPC: I am smarter than Mike is, na na na na boo boo!
darryl: I have a 10 year old neice that has a better grasp of patents and business than you do Mike..
WDSHSMHPC: too bad she is smarter that me too!
darryl: Mike do you actually read anything apart from slashdot ??
WDSHSMHPC: I get all of my facts from the voices in my head.
darryl: Do you even have an original idea?, or do you rely on /. and BN for your 'dirt'.. ??
WDSHSMHPC: If it were not for Mike, I'd have no place to comment on my crazy ideas.
darryl: You are always raving on about patents, at the same time displaying little or no knowledge of the subject.
WDSHSMHPC: I am more like Mike than thought, heavy!
darryl: I guess you have been doing this for years, what have you achieved ? anything ?
WDSHSMHPC: Being an unemployed looser sucks, I hate successful people like Mike!
darryl: (made a pretty picture, that means nothing).. apart from a FUD graphic, when have you proposed, what reforms have you spearheaded?
WDSHSMHPC: I wish I could get people engaged in thats that I find important.
darryl: Apart from whine here, and leech of Google adds, what have you done to advance technology, to develop something new, or to improve things for anyone ??
WDSHSMHPC: Take that you evil Mike!
darryl: How many crystal balls have you sold ??
WDSHSMHPC: My crystal ball told me I am a genius!
darryl: Why is it that even though your 'crystal ball' is a "PAYWALL" you 'hate' paywalls.
WDSHSMHPC: It's a conspiracy to confuse me!
darryl: Sure, you hate them, except when they make you some money !!.
WDSHSMHPC: I like money and hate people who make more than me.
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Well its confused you Mike, probably not anyone else !!!..
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Re: Re: Well its confused you Mike, probably not anyone else !!!..
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Microsoft had it coming
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I'm pretty sure this is true. Anyone want to fact-check?
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Re: I'm pretty sure this is true. Anyone want to fact-check?
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Re: Re: I'm pretty sure this is true. Anyone want to fact-check?
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The Lawyer's reaction to the diagram
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Innovation
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Patent nuclear war diagram
"Just the way the patent system was supposed to work, right?"
And, the answer is, actually, this IS the way the patent system works when patent pendency is too long and commercially important patent claims have to end up getting court interpretations rather than decent PTO determinations and deference by the Courts. Patent battle happen in areas of innovation of great commercial importance. The steamboat was the subject of intense patent battles. (Fitch was first but Fulton won because he had the commercially valuable invention.) The light bulb was the subject of intense patent battles. (Humphry Davy (an Englishman) invented it in 1809 but Edison won because his oxygen-free bulb in 1879 was the commercially valuable invention) The electron tube, oil well technology, the circuit board, bar code scanning, etc. were all subject to intense patent battles. The lawsuits sort out who has rights to the commercially valuable inventions and thus who should get rewarded for them, so that the value flows to the inventor of the valuable inventions so as to encourage valuable inventions. The suits come closer now (and hence a messy chart like that) because the pace of invention is faster today. The problem is not patents but that the system is broken because it takes so long to get a patent that industry adopts the invention before the patent covering the invention is published. We need a registration system with prompt publication and prompt post issuance examination so companies know first what is sought to be protected (so they have time to try to design around it) and second whether what is sought to be protected is going to be protected for commercially valuable inventions. That would give the patent system a shot at keeping up with the speedier pace of modern inventing so we don't have these expensive and protracted patent battles.
There is a positive fallout to these expensive patent battles, --- it really encourages original creativity and design arounds and thus spurs creativity. The fast pace of inventing in the smart phone industry is unquestionably spurred by the desire of companies to get there first with the best ideas and lock them up with patents. Otherwise, the industry giants would just steal whatever technology they need and aim for lowest cost production by shipping jobs overseas to the lowest wage location, which we see in low technology low innovation areas like garments, utensils, and the many items you see at Dollar General, much of Wal-Mart, etc. That is what Mike's ideas will encourage and that is bad for the USA and other high wage countries and good for China and India. At least for now the Muslim countries are on an anti-modernism bent.
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Re: Patent nuclear war diagram
are you trolling?
or are you really that stupid?
im kinda leaning towards the trolling idea but thats mostly because of the 'they took our jobs!' derp that you tossed out.
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Re: Patent nuclear war diagram
Actually China and India will use IP laws to control America, you see IP laws don't give control to governments or people they give power to institutions that have no interest in being patriotic or whatever besides the numbers are against the U.S. just imagine what 6 billion people can come up with against 350 million.
Oh and you are mistaken it is not low innovation areas that hurts America is the high tech industry that is moving out of the U.S., it is all those factories that are not producing anymore, that is because of a policy based on IP, if IP didn't exist other manufactures could have picked up that and try and compete, but right now big companies "secure" their IP and don't let anybody in.
What the world needs is a new model based on cooperation and free ideas just like open source, I see people in places like Brazil offering local services but they sign on to paid offering to get help from places like Ubuntu and Red Hat when they find themselves in trouble, this is a better outcome even though Red Hat makes less money in other countries it gets the benefits of that network, this will never happen with IP crazy people and countries more, Asia beat the hell out of the West in their own game and putting in place stringent laws about fictional property only empowers them even more.
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Re: Patent nuclear war diagram
Please provide evidence that this is true. You seem to be assuming that patents equal innovation - whereas my observations have been that the opposite is true. You see patents causing innovation - the only correlation I see is that because of the way laws are written patents come about after the innovation actually occurs. I can understand a layman making this mistake, but it seems especially troubling that a patent lawyer would make this mistake.
"The fast pace of inventing in the smart phone industry is unquestionably spurred by the desire of companies to get there first with the best ideas and lock them up with patents."
I would think that the desire of the companies in the smart phone market is to make money. They only care about patents so that they can make money. Thank you for admitting that the purpose of a patent is to lock an idea up - something which hinders innovation and competition.
"Otherwise, the industry giants would just steal whatever technology they need and aim for lowest cost production by shipping jobs overseas to the lowest wage location, which we see in low technology low innovation areas like garments, utensils, and the many items you see at Dollar General, much of Wal-Mart, etc. That is what Mike's ideas will encourage and that is bad for the USA and other high wage countries and good for China and India. At least for now the Muslim countries are on an anti-modernism bent."
Wow. Just wow. So you're saying that the smart-phone patent thicket ensures that new smart phones are built in the US? Just where was yours made? If you don't know, let us know the make/model and I'm sure we can find out. Mine's a HTC Evo and is manufactured by a Taiwan based HTC, although parts were likely manufactured in a dozen different cities. The rest of your comment was just anti-foreign bigotry. For first complaining that Techdirt is full of insults, that seems pretty hypocritical to me.
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Patents, like copyrights have simply become a license to litigate. There is no real protection, simply litigation. Sad, to watch the greatest, most innovative country ever, become bogged down in lawsuits.
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Where they lack in quality they try to make up for in quantity.
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Re: Patent nuclear war diagram
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
Albert Einstein
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Re: Re: Patent nuclear war diagram
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India and China
Who owns the internet you use? What do you use your internet for?
Hello!!!!!!!!!! People it's not about who's suing whom, it's about who OWNS whom. Corporations are fighting for some control in a market with uncle sam holding the reigns.
Lawsuits? Maybe the people who are using the phones that are causing brain cancer should sue the irresponsible idiots that are producing the killers. Ooops, I forgot it's okay for cancer to kill you, after all, you just got it out of thin air... No one was responsible for your illness...
California is the only state that requires them to post labels on their products to tell people what it will do to them...
Yet let's focus on who's suing who over some nonsensical patent, the bottomless pit of greed is upon us.
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while nobody was watching
payup folks.
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yo momma!
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