Deeplinks Blog posts about Patents
Getting a patent demand letter from a troll can be a scary experience. The letters often include a lot of legal jargon, not to mention a patent that is often impenetrable (at least, not without hiring an expensive lawyer to translate it for you).
But suppose you are concerned that the patent may impact your business. After trying to reach an agreement with the patent owner and failing, you may be told by your lawyer that the next step is to go to court.
Unfortunately, thanks to a 1998 court case, you often can’t go to your local courthouse and get things figured out. Instead, you may be forced to go to a courthouse across the country, in a small corner of a state that you have little to no connection to.
Today Public Knowledge, Engine, and EFF filed an amicus brief in the Supreme Court about patent damages. This guest post is by former EFF apprentice legal intern Charles Duan, now the Director of Public Knowledge’s Patent Reform Project. It is cross-posted from Public Knowledge’s blog.
In 1998, the U.S. Patent and Trademark Office issued Patent 5,718,632, on a method for avoiding “unnecessary wastage of time” in video games. What’s transpired in the 17 years since then can best be described as an unnecessary wastage of time.
Namco’s patent covers “auxiliary games” that a player can enjoy while the main game is loading. The patent expired on November 27, which has generated a lot of excitement in the gaming world, and even inspired a Loading Screen Jam where developers create their own loading screen games.
The Trolls’ Favorite Template Has Been Retired, but Don’t Get Too Excited
It’s easy to file a patent complaint. All a patent owner has to do is say that they own a patent and that the defendant infringed it. The patent holder doesn’t even need to identify which product of the defendant’s they believe infringes the patent, or specify which claims of the patent they’re asserting. It’s an absurdly simple process, and unscrupulous patent tolls routinely take advantage of that fact.
Plenty of businesses rely on third-party payers: parents often pay for college; insurance companies pay most health care bills. Reaching out to potential third-party payers is hardly a new or revolutionary business practice. But someone should tell the Patent Office. Earlier this year, it issued US Patent No. 9,026,468 to Securus Technologies, a company that provides telephone services to prisoners. The patent covers a method of “proactively establishing a third-party payment account.” In other words, Securus patented the idea of finding someone to pay a bill.
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