Targeted Advertising? Patented! Bunch Of Media Companies Sued

from the and-here-we-go-again dept

Wed, Apr 27th 2011 3:40am — Mike Masnick

Back in 2004, we wrote about a ridiculous patent (6,712,702), for a "method and system for playing games on a network." The guy behind the patent, Sheldon Goldberg, was claiming that a bunch of online solitaire games violated his patent. When the EFF launched its patent busting project, they went after a different but related patent from Goldberg. In 2008, we noted that he had sued Digg, CNET, the NY Times, the Washington Post and others for violating this patent (yes, the solitaire patent). Now, it appears he's going after even more media companies, over both this patent and a second patent (7,496,943), which is for a "network system for presenting advertising," which describes sending targeted ads to Blackjack players.

It really makes you wonder what sorts of examiners they employ at the USPTO that crap patents like this get approved in the first place.

Anyway, the latest lawsuit goes after a ton of media companies and Amazon:

The defendants in the lawsuit are: Advance Publications; which owns Conde Nast magazines and several newspapers; ALM Media, which owns The American Lawyer magazine group and several legal newspapers; Amazon; American Media (Playboy, Flex, Fit Pregnancy, Shape); Rodale (Men's Health, Runner�s World, Bicycling); Scripps Interactive (Food Network, HGTV, DIY Network); Demand Media; Viacom; and alt-weekly publisher Village Voice Media.

Suing a magazine for lawyers? Wonder if they can find some good legal help...? In the meantime, I'm curious if any of our regular patent system defenders can explain how these patents help to promote progress. Better yet, explain how these two patents present a single, non-obvious invention.

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Filed Under: advertising, patents, sheldon goldberg, targeted advertising

38 Comments

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The eejit (profile), 27 Apr 2011 @ 3:40am

Waitiaminute...
Aren't business model patents supposed to be against the intent of patents full stop?
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- ChurchHatesTucker (profile), 27 Apr 2011 @ 7:36am
  
  Re: Waitiaminute...
  People won't try to make money in the market unless we provide incentives.
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Richard (profile), 27 Apr 2011 @ 4:14am

Oddly
Oddly when you look at trying to bust these patents there are all kinds of very specific things you have to find in the prior art to invalidate the claims - however when they sue others they don't seem to be so strict with themselves - so the patent is presented as rather narrow - for invalidation purposes - but gets strangely broader when they want to sue...
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- Anonymous Coward, 27 Apr 2011 @ 8:35am
  
  Re: Prior art date
  This patent dates back to at least Dec. 1996 (perhaps as early as Jan. 1996 if the provisional applications can be properly relied on for priority). Any invalidating prior art would need to be before this date, and any assertion of obviousness would need to take into consideration the average knowledge of a programmer/web developer at that time.
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Anonymous Coward, 27 Apr 2011 @ 4:28am

All right! +1 for innovation! Patent system to the maxx!

/sarcasm or dementia. You pick.
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Anonymous Coward, 27 Apr 2011 @ 5:00am

Familiar venue
Eastern Texas... go figure!
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Nicedoggy, 27 Apr 2011 @ 5:32am

Quote:
It really makes you wonder what sorts of examiners they employ at the USPTO that crap patents like this get approved in the first place.

According to the latest news from the USPTO they are in the process of taking out the human factor completely from the equation.

Quote:
Automated process for eight patent-related petition types uses USPTO's EFS-Web system. Data is input through a secure web interface and the petition is decided automatically, eliminating months of waiting for these types of petitions to be docketed, decided and uploaded into Private PAIR.

Source:
http://www.uspto.gov/patents/process/file/efs/guidance/ePetition-FAQs.jsp
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- Christopher (profile), 27 Apr 2011 @ 5:53am
  
  Re:
  Who the bleep thought this was a good idea! We already have problems with the HUMAN REVIEW PROCESS of today, where people do not realize that things that are trying to be patented have been in use for years.
  
  Why make it automated? A computer isn't going to be able to make a PROPER DECISION if a human cannot!
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  - Michael, 27 Apr 2011 @ 6:49am
    
    Re: Re:
    I am in the process of submitting a patent for software to determine if patents are valid.
    
    I intend to send it through their automated patent process.
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    - Beta (profile), 27 Apr 2011 @ 10:48am
      
      Re: Re: Re:
      Specify that your patent is for a system that grants a patent if there is no prior art.
      
      (Make sure you're a safe distance away from the Patent Office computer-- I saw them do this a couple of times on Star Trek, and it can get messy.)
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- Anonymous Coward, 27 Apr 2011 @ 5:54am
  
  Re:
  So they're just going to continue to rubber stamp them, without having to pay someone to use the actual stamp?
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- Cowardly Anon, 27 Apr 2011 @ 6:43am
  
  Re:
  Secure web interface huh?
  
  I bet it will play a nice official looking animation before going *ding* APPROVED!
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  - Michael, 27 Apr 2011 @ 6:50am
    
    Re: Re:
    It can't.
    
    There is a patent preventing them from having an automated ding relating to successful approval of something on a website.
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    - Cowardly Anon, 27 Apr 2011 @ 6:54am
      
      Re: Re: Re:
      That made me smile until I realized it's probably true....
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- weneedhelp (profile), 27 Apr 2011 @ 9:30am
  
  Re: Hurry up.
  Quick someone patent:
  
  The Automated process for eight patent-related petition types using a web system. Data is input through a secure web interface and the petition is decided automatically, eliminating months of waiting for these types of petitions to be docketed, decided and uploaded into Private PAIR.
  
  Then sue the USPTO.
  
  Because we all know it will get rubber stamped.
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Nick Coghlan (profile), 27 Apr 2011 @ 5:33am

Part of the problem...
I don't recall "You could become a patent examiner!" ever being discussed as a possible career path at any time during the course of my computer systems engineering degree. I doubt it is a prominent choice for software engineering, information technology or computer science students, either.

What are the qualifications needed to become a patent examiner for IT patents, anyway?
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- Cowardly Anon, 27 Apr 2011 @ 6:49am
  
  Re: Part of the problem...
  Can you program the time on your VCR?
  
  Good, that's just the type of technical skill we are looking for!
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- E. Zachary Knight (profile), 27 Apr 2011 @ 6:57am
  
  Re: Part of the problem...
  That is a big part of the problem. The Patent office hires from pools of lawyers. They don't look for people experienced in engineering or science. They want people who can read lawyer speak.
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  - Anonymous Coward, 27 Apr 2011 @ 8:45am
    
    Re: Re: Part of the problem...
    This is completely false! Only a tiny fraction of patent examiners are lawyers. More importantly, they must have a degree in engineering, math, or so-called hard sciences. Patent lawyers must meet the same educational qualifications.
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    - harbingerofdoom (profile), 27 Apr 2011 @ 11:38am
      
      Re: Re: Re: Part of the problem...
      dont get too snippy there. you only have to have a b.a. in your chosen field to qualify.
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      - Anonymous Coward, 27 Apr 2011 @ 11:50am
        
        Re: Re: Re: Re: Part of the problem...
        http://www.uspto.gov/web/offices/pac/exam.htm#req
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- Not an Electronic Rodent (profile), 27 Apr 2011 @ 10:11am
  
  Re: Part of the problem...
  What are the qualifications needed to become a patent examiner for IT patents, anyway?
  
  An over-developed bicep on the dominant arm for rubber stamping and the ability to pick a computer out of a lineup with a lump of cheese, a small chimpanzee, a rotary engine crank case and a fruitbat - best out of 3 minimum qualification
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- Nom du Clavier (profile), 27 Apr 2011 @ 10:32am
  
  Re: Part of the problem...
  What are the qualifications needed to become a patent examiner for IT patents, anyway?
  Clearly there aren't any. None that would have anything to do with familiarity of the subject matter at hand, anyway.
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- anothermike, 27 Apr 2011 @ 4:38pm
  
  Re: Part of the problem...
  I interviewed with the USPTO when I was getting my electrical engineering degree. They didn't need anyone that smart.
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Bengie, 27 Apr 2011 @ 6:28am

New Rule
I vote in a new Patent rule. If two or more companies implement your patent before you can, your patent is voided.
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Anonymous Coward, 27 Apr 2011 @ 6:33am

I currently hold the patent for any computer system that automates patent approvals. I'm going to be rich after I sue the pants of the USPO for violating my patent.

Yay for me!
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ScytheNoire (profile), 27 Apr 2011 @ 7:15am

When is enough enough?
When will these idiots realize how broken the patent system is and just put an end to it. It doesn't work, plain and simple. Next up, a patent on pooping.
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- chuck, 27 Apr 2011 @ 7:24am
  
  Re: When is enough enough?
  That gives me an idea...a patent for not pooping. Want to be partners?
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  - Gwiz (profile), 27 Apr 2011 @ 8:42am
    
    Re: Re: When is enough enough?
    That gives me an idea...a patent for not pooping. Want to be partners?
    
    This is most definitely a patent we do not need. There is already too many people around that are full of shit.
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weneedhelp (profile), 27 Apr 2011 @ 9:26am

what sorts of examiners they employ at the USPTO
http://farm4.static.flickr.com/3545/3511031347_a2d48a7a5b_o.jpg
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Mike Raffety (profile), 27 Apr 2011 @ 10:56am

Patenting the patent troll business process?
Has anyone (yet) patented the business process commonly known as patent trolling? I think I'll go file that right away and make a few million.
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- Mike Masnick (profile), 27 Apr 2011 @ 3:36pm
  
  Re: Patenting the patent troll business process?
  Has anyone (yet) patented the business process commonly known as patent trolling? I think I'll go file that right away and make a few million
  
  Too late. Halliburton beat you to it:
  
  http://www.techdirt.com/articles/20081107/0118162765.shtml
  
  And if that doesn't cover it, IBM has another one:
  
  http://www.techdirt.com/articles/20110102/15363912492/ibm-files-patent-patent-trolling-it-ma y-be-too-late.shtml
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Anonymous Coward, 27 Apr 2011 @ 11:19am

I find this article and the responding comments interesting in light of the recent Supreme Court arguments regarding what standard of proof should be used to determine whether a patent is invalid.

Here, a patent examiner has examined specific claims and at least some subset of the prior art and said the claims in these patents are valid.

Mike posts an article suggesting the patents are invalid, without any analysis of any claim of any patent, and asks for people to give reasons why the patents are *not* invalid.

The majority of TD commenters appear to assume the patents are invalid.

Curious.
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- Mike Masnick (profile), 27 Apr 2011 @ 3:37pm
  
  Re:
  Mike posts an article suggesting the patents are invalid, without any analysis of any claim of any patent, and asks for people to give reasons why the patents are *not* invalid.
  
  I'm assuming most people here are knowledgeable, and can read the patents for themselves, and recognize how ridiculous they are.
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  - Anonymous Coward, 27 Apr 2011 @ 4:22pm
    
    Re: Re:
    It would be interesting to know how many actually did so before commenting.
    
    Why do you think they are obvious (or more specifically, were obvious at the time of claimed invention)?
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    - Anonymous Coward, 27 Apr 2011 @ 4:26pm
      
      Re: Re: Re:
      Also...that's pretty dense reading, even as patents go.
      
      Assuming your readership (or any readership, really) (a) understands how patents work (i.e., what the claims are in relation to the specification, etc.), (b) has the patience and ability to read and understand the 50+ claims in the patent, AND (c) has a comprehensive knowledge of what the state of the art was at the time of claimed invention, is assuming a hell of a lot.
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Chris, 27 Apr 2011 @ 11:20am

ditto
Mike Raffety just took the words right out of my mouth. How come no one has patented patent trolling? ...

"A system of suing companies who actually do work and make things, so that the complainant doesn't have to."

[rubber stamp thud] ... APPROVED!
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patent litigation, 2 May 2011 @ 7:00pm

If an inventor cannot sue for patent infringement and recover damages, they why should anyone invent anything? Only vigorous patent enforcement rewards inventors for their inventions and incentivizes others to invent.
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