funsec mailing list archives

Submarine patent torpedoed ...


From: "Rob, grandpa of Ryan, Trevor, Devon & Hannah" <rmslade () shaw ca>
Date: Tue, 26 Jun 2012 10:40:18 -0800

For some years I have been peripherally involved (hired to research prior art, etc.) 
in some of the submarine patent/patent troll cases in the AV world.

I've got plenty of prior art.  Programs demonstrating and using technologies that 
were granted patents years after those programs were available.  Email discussions 
showing that concepts were obvious and well-known years before patent 
applications were filed.

Of course, as the "expert" I'm not privy to the legal strategy.  Bt I can figure it 
out.  US patent office issues patent that never should have been granted.  Troll 
sues Big Firm for $100M.  BF's lawyers go to IP law firm.  IP lawyers find me.  IP 
lawyers ask me for the weirdest (and generally weakest) evidence.  IP lawyers go 
back to BF's lawyers.  BF's lawyers go back to BF.  (At this point I'm not privy to 
the discussions, so I'm guessing.  But I suspect that ...)  IP and BF lawyers advise 
that evidence available, but patent fight expensive.  BF offers troll $100K to go 
away.  Troll happy with $100K, which is all he wanted anyway.  BF lawyers happy 
with large (and now more secure) salaries.  IP lawyers happy with $1M fees.  BF 
happy to have "saved" $99M.  The only person not happy is me.

Well, Kaspersky got sued.  Kaspersky fought.  Kaspersky won.

http://eugene.kaspersky.com/2012/06/26/dont-feed-the-troll/

So, today I'm happy.  (I just wish I'd been part of *this* fight ...)


======================  (quote inserted randomly by Pegasus Mailer)
rslade () vcn bc ca     slade () victoria tc ca     rslade () computercrime org
It is not necessary to change. Survival is not mandatory.
                                                 - W. Edwards Deming
victoria.tc.ca/techrev/rms.htm http://www.infosecbc.org/links
http://blogs.securiteam.com/index.php/archives/author/p1/
http://twitter.com/rslade
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