[OPLIN 4cast] OPLIN 4cast #471: Stupid patents

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OPLIN 4cast #471: Stupid patents
January 6th, 2016

[image: stupid award] We've mentioned the Electronic Freedom Foundation (EFF
<https://www.eff.org/>) in a few *4cast* posts over the years, because they
often tackle significant legal problems that threaten current technology
and the Internet. For example, since July 2014, the EFF has been selecting
a "Stupid Patent of the Month." This series of blog posts is meant to
highlight the growing need for patent reform in the U.S., as more and more
"patent trolls" successfully register vague and misleading claims with the
United States Patent and Trademark Office, and then proceed to sue every
company with deep pockets that a court might find to be in violation of
these overly-broad patents. The current U.S. system for registering patents
makes this easy for intangible inventions, like software, as opposed to
tangible chemical or mechanical inventions, so many technology companies
and interested groups like the EFF have joined in the call for reform. Just
for fun (well, not very funny, actually) here is a sampling of last year's
EFF Stupid Patents.

   - GPS tracking, or something
   <https://www.eff.org/deeplinks/2015/03/stupid-patent-month-gps-tracking-or-something>
   (March | Vera Ranieri) "We don't know what, exactly, NovelPoint thinks it
   owns, but it looks like it is accusing Subway of infringing because it has
   an app that shows a map with directions. And given the incomprehensibility
   of its patent, it can get away with this, at least enough to secure a quick
   settlement and get out before a court rules that no, in fact, it doesn't
   own a map with directions."
   - Wetro Lan sues entire network security industry with expired garbage
   patent
   <https://www.eff.org/deeplinks/2015/06/stupid-patent-month-wetro-lan-sues-entire-network-security-industry-expired>
   (June | Daniel Nazer) "The idea is that unsophisticated home users might
   misconfigure their firewalls so it is better to give them a system they
   cannot mess up. Just like a real firewall, only dumber! The patent also
   hedges its bets by claiming a system that is 'substantially free from user
   adjustment,' whatever that means. Even if that was a new idea in 2000, this
   is not actually a technological improvement. It's kind of like putting a
   padlock on the front hood of a car and then saying you've invented a new
   kind of car."
   - A drink mixer attacks the Internet of Things
   <https://www.eff.org/deeplinks/2015/08/stupid-patent-month-drink-mixer-attacks-internet-things>
   (August | Daniel Nazer) "It seems that any company that sells products that
   connect to the Internet is at risk. For example, in its complaint
   against ADT <https://www.eff.org/files/2015/08/31/rcdi_v_adt.pdf> [pdf],
   RCDI states that a system that allows customers to 'remotely customize the
   operation' of a 'thermostat' infringes its patent. Having supposedly
   invented an online beverage mixer, RCDI is now asserting its patent against
   the entire Internet of Things."
   - Microsoft's design patent on a slider
   <https://www.eff.org/deeplinks/2015/12/stupid-patent-month-microsofts-design-patent-slider>
   (December | Vera Ranieri) "Putting aside whether Microsoft's design was
   actually new and not obvious in 2006 (when Microsoft filed its
   application), whether Microsoft needed the patent incentive in order to
   come up with this design, and whether it is even desirable to grant a
   company a government-backed monopoly on a graphical slider (we don't think
   so, that's why this is a stupid patent), the scope of damages for design
   patent infringement has the potential to become a powerful tool to shut
   down legitimate competition based on the mere threat of a lawsuit."

*Articles from Ohio Web Library <http://ohioweblibrary.org>:*

   - An overview, a summary, and an update to the latest patent reform.
   <http://search.ebscohost.com.proxy.oplin.org/login.aspx?direct=true&db=buh&AN=109085610&site=ehost-live>
   (*Intellectual Property & Technology Law Journal*, Sep. 2015, p.3-14 |
   Steven M. Zager, Michael Simons, and Alex Chan)
   - Report on economic impact of academic licensing activity cited in
   patent reform battle.
   <http://search.ebscohost.com.proxy.oplin.org/login.aspx?direct=true&db=buh&AN=103681641&site=ehost-live>
   (*Research Technology Management*, July/Aug. 2015, p.7-8 | Gerrill
   Griffith)
   - Patent games.
   <http://search.ebscohost.com.proxy.oplin.org/login.aspx?direct=true&db=sch&AN=109129485&site=ehost-live>
   (*Inventors' Digest*, June 2015, p.42-44 | Gene Quinn)

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