Another bad software patent causing lawsuits

[David Farber <farber () central cis upenn edu>]

Date: Fri, 8 Apr 1994 18:00:07 -0400
From: srctran () world std com (Gregory Aharonian)








    Once again, it looks like another bad software patent is causing an
uproar throughout the software industry.  See the April 8, 1994, edition
of the New York Times, page D4.


    It seems that Software Advertising Corporation of La Costa, Calif.,
holds a patent covering "any system which integrates an advertisment into
a computer software program without altering the function of the program".
The patent holders contend they invented the idea of placing advertising
symbols in software.


    Lawyers for SAC are contacting companies asking for royalties.  For
example, PC Dynamics of Westlake Village, Calif., said Software Advertising
is demanding royalties of 5 percent to 10 percent of software sales for
PC Dynamics' use of the popular Energizer Bunny in its screen-saver program.
PC Dynamics has licensed the rabbit image from Eveready Battery, so that it's
ability to use the bunny image is not in question, only the concept of using
the bunny image.


    Knobbe, Martens, Olsen & Bear of Newport Beach, Calif., is the law firm
representing Software Advertising.


    I suspect that this patent will also be reexamined, and much like the
Compton patent, have most if not all of the claims thrown out.


    And if anyone needs a good software prior art search in their defense,
my database is ready, willing and able  :-)




Greg Aharonian
Internet Patent News Service
(for subscription info, send 'help' to   patents () world std com)
(for prior art search services info, send 'prior' to patents () world std com)