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... why? This will only set precedent for more scummy patent trolls. And they won't just target Apple, but the whole industry. This drains resources, thus slowing innovation. We'll all lose.

What slows down innovation it is actually the patenting system (at least in the US). The patents had a reasonable purpose back in the time but nowadays it is just a tool to cash in money if not today... maybe tomorrow.
No company has enough resources to check all patents at any point of time of developing a product because there are so many and checking whether one would apply to a given product or not is not precisely a 5 minutes job. Hence, the patent is there and just awaiting its owner to exercise it at will if it has enough money to go to court.
Apple is no different, Apple also patents everything they can... they may not do it to go after anyone and more to protect their 'innovation' but most of the things patented by Apple (and of course others) are not such innovation, they have been out there for a long time; it is just that no one cared patenting them.

And the problem is... precisely the patents. Everything is allowed these days to be patented. That's why companies patent everything, whether there is prior knowledge or not, and whether it is something worth to patent or not. Of course the patent's office has a lot to do in this... but I guess they cash in money without much responsibilities so... they don't care.

So, I am not sad that there are these legal battles, which I think have increased notably during the last few years. I hope there are more in fact so that the patenting system is redesigned in full. Nowadays it is abused badly everywhere (in Europe you cannot patent an algorithm for example but instead you patent a system that has the functionality of the algorithm...).
 
Maybe the issue with patent trolls could be resolved by saying that patents can't be sold to non-practicing entities...

Why does the phrase "non-practicing entities" seem to create such a problem here? Seriously why do we want to discriminate against the owner of the patent? I really think the problem here is that people don't understand the idea of property rights.

Think about this folks, say you built yourself a unique house and suddenly had the need to move across country. You don't have the time to sell the house to its next long term owner so instead you sell it to a broker or investor. That investor eventually sells it to a third party.

Often this is what is happening with patents. Someone developed something new and gets a patent. That is good. However for whatever reason they decide they don't want to developer if further so the sell the latent to somebody else. They realize the value they need from the patent and let somebody else, often somebody with a lot more capability, take on the ownership responsibilities that the patent offers.

What people don't seem to understand is that a lot of technology these days is often developed by awfully small firms, sometimes one man operations. These sort of people often don't want the distractions of patent enforcement and frankly are sometimes cashed starved. By selling their patents they gain economically while at the same time disconnecting themselves from the horror of patent enforcement. What people call patent trolls here are often one of the best ways for a small time inventor to make good on his developments.

In a nutshell it is really sad that people are so ignorant when it comes to the patent system.
 
Nothing insane at all here.

Every time cases like this come up, where a company with no product, sues for it's "intellectual property" being violated, we talk about the patent system needing a reform...
The patent system doesn't need reform. In fact it is working exactly as intended.
Well, when the hell is that gonna happen eventually?
Never!
When is it gonna be some kind of requirement that if you legitimately invent something, that you have to put a product to market within some time frame, and if you do sell your idea, the company that buys it must put it to actual use instead of just hoard the IP and sue for infringement for an idea that they never put into real world use.
Actually it appears that these patents have been used by a company to market a product or two. That shouldn't even be a concern here though.
It's just insane.

What is insane is your ignorance of the patent system. A patent is basically a time limited property that you own. As the owner of that property you are free to sell it, license it or sit upon it. Basically you are free to manage its existence until the property expires.

In this case it looks like the patent is for real tech developed by a real company. That tech was either sold to or licensed to this company for the express purpose of enforcing the patent. They are free to do so until that patent expires. The only thing one can question here is the patent valid and does Apple infringe. If they infringe Apple will have to pay up. If not they are in the clear as far as this patent goes.

I really suspect that people here have never really worked a day in their life in the technology world. One place I worked had a need to for some instrumentation that could very accurately measure thickness of a product. They eventually found a solution with a very very small company. Considering the size of the market, probably a couple of hundred instruments a year, they aren't exactly swimming in cash. However the hardware is patented and frankly I wouldn't be surprised to see them sell off the patents in the future.

The point is there are literally hundreds of thousands of such small companies in existence that simply aren't structured to take on the likes of Apple if their patents are violated. Sometimes the only recourse is to have a third party defend the patents. On the surface anyways this seems to be what has happened in this case.
 
Apple would patent the concept of an on/off switch if they could (in fact I think they did for the sliding off switch in iOS). Every single day the US patent office grants the most ludicrous patents, so what do you expect. When someone does it to Apple they are a troll, when Apple does it they are asserting rights to IP....give me a break.
 
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I'm sure Apple has tons of car patents but where is its iCar? People throwing the word patent troll haven't offered how to change the system. Do people seriously want it so if you are poor and have an awesome patentable idea, you can't patent it because you can't hire a factory to make the product? So only rich people can patent stuff? Insane.

This is the problem with the ignorance displayed here. Many companies are in fact very small operations, often with ten or fewer people involved and often just one person. These people simply don't have the resources to enter into long legal disputes with the likes of Apple. So they sell or license their patents to third parties to gain an economic benefit from their development efforts.

You are right in that people really don't know what they are talking about here because if some of the suggestions where enacted we would see a world where only the rich could benefit from the patent system. That would destroy the whole point of the patent system which is to protect the inventor. The patent system has nothing to do with manufacturing a patented product. In fact a patent holder is free to never manufacture or even license a patented design.

In a nut shell the patent system exists to drive innovation. That can't happen if the only ones that can benefit from the patent system are large multinational companies.
 
These NPEs disgust me. One of the greatest threats to innovation in the modern world. A reflection on a crumbling society.

Unfortunately you are so wrong on this one as to be insane. The so called NPE here is just trying to get an economic gain for the original developer of the patented tech. That is a very very good thing for innovation as it can protect the innovator.

The only thing that should concern you is this, are the patents valid and did Apple infringe. That is all there is to it.
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Um. I don't think you understand what a Patent Troll is. They are basically shell companies that are set up to do nothing but sue actual productive companies.
Nope! They are companies set up to protect the patents that they own. Big difference.
I don't see any stretch of the definition of Patent Troll where Apple fits, no matter what your opinion of Apple is. That doesn't mean Apple doesn't bully companies. But that's different.
The definition of a patent roll is completely screwy in these forums to begin with. In this case the patent appears to cover real technology and defending such a patent isn't being a patent troll by any means.

As for Apple they are actually the opposite of a troll and come close to being a patent thief. They have a policy of not livening tech like this preferring to go to court. The problem is, and frankly they know this, most of the companies that have these patents simply don't have the resources to take on Apples legal team. Often they are put into a position where they don't have a choice but to sell the patent to gain some economic benefit from what was stolen.
You can actually invest in Patent Troll companies and the payoff is entirely based on lawsuit awards because the company has no other revenue.

Actually by investing in such companies you are protecting the future of America assuring that even a small time inventory can gain from his inventions. These companies actually level the playing field a bit with respect to Apple.

All I see is a lot of ignorance in these threads. People act as if the company taking legal action pulled the ideas for the patents out of thin air. Instead it is pretty clear that the patents originated elsewhere from what looks like a very small business. That business likely didn't have the resources to protect its patents from the likes of Apple and Apple most likely refused to license the tech. So now you have this third oarty involved trying to get Apple Pay up. If Apple is found to infringe it looks like the patent system is doing exactly what it is intended to do, that is to protect the inventor.

In any event I suspect Apple is starting to see the stupidity with respect to their policies as we are hearing about more and more out of court Settlements. Some times I guess it becomes obvious to even a lawyer that your technology infirnges.
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Please provide evidence of your claim. "I'm sure that..." is NOT evidence, it is a claim.



Project Titan? Maybe you've heard of it? Look, Apple is a manufacturer, and MAKES A PRODUCT/PRODUCTS. They are not a patent holding firm. How can you not see the enormous difference?
Apple is most certainly a patent holding firm!
Not true, many have, including me.

No you haven't, all you have done is demonstrated a complete ignorance of the patent system and the protections it offers inventors.
No, add a time period for you to do something with the patent. Sell it to a company that includes in their sales contract that they will be using the technology in manufactured product.
Why the obsession with manufacturing the product. A lot of successful companies never manufacture a product on their own, this includes some really big companies. Take ARM as an example their whole business revolves around licensing IP.

Beyond that developing a technology and getting a patent doesn't mean that that technology is immediately available to he rest of the world. A lot of patented technologies sit on the shelf for a long time until the rest of the world catches up and finds a way to leverage those technologies.
If the company does not use it, you as the patent holder get to take the patent back, keep the money, and sell it again.
They patent holder is free to license or sell his patent however he wants already. I really don't think you understand the system at all.
If you "patent" something no one wants/can use... yes, it goes into the public domain. NOT UNREASONABLE.
All patented technologies eventually go into the public domain. No big deal there. The problem is you can't force a patent into the public domain because nobody wants to use it. It can literally take decades from the time a technology is developed before something salable is realized.

It is pretty obvious that you have never been privy to an ongoing development process. Beyond that even an inventor can be sometimes shocked by how others use his invention.
A patent exists for a period of time, and is renewed by use. If it isn't used, it becomes public domain.
First off the idea of renewing a patent would work against the whole idea of a limited period of exclusivity. Beyond that why would you want to be able to tell somebody else how they can use their property?
Are we done here?

Well you are! I don't think you have any idea what you are talking about.
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This is a junk lawsuit. They saw they had proximity patents and decided to sue Apple. Well just about every phone these days has a proximity sensor. The sensor is not used to identify an object but to know if the thing is in a pocket or near your face. It's more aptly a light/dark sensor.

Sheesh....
Trying to make this look simple makes you look simple. There is a lot more to this than a light dark sensor.
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You might not like Apple for your own personal reasons, but they are most definitely NOT a patent troll by definition.
People are awfully flexible around here when it comes to a definition of a patent troll. Frankly it appears to be anybody suing Apple with a valid patent. You can't have it both ways, just as Apple defends its patents so too do these patent holders.
A patent troll has no intention of developing the patents that they own to produce products, and in most cases did not develop the patent themselves.
First off it makes no difference who developed the patents. Apple owns thousands of patents it didn't develop themselves and frankly they have every right to defend those patents just as the owner of this patent does.

In this case here we have what looks like a patent holder engaging a third company to try to generate economic benefit from technology the feel was stolen. There is nothing wrong with that and if the patent is valid and if Apple infirnges then they should have to pay up. Simple as that.

People seem to be doing their best to paint this action in a negative light but I can say with certainty that the original patent holder doesn't look at this case in the same light. The patent appears to be real and there appears to be evidence of products built off the patent so this isn't a wishy washy patent for something that might never exists. It is real technology that somebody thought was valuable enough to patent.
Apple defends their patents when they see a competitor stealing their IP and using it to damage their core business.

Which is what is happening here. I really don't get this nonsense people have with respect to companies suing Apple. The reality for small companies is vastly different than the reality for the likes of Apple. They can easily patent something, anybody can if they have an incentive mind, but it is a whole different ball game to go after people that infringe on your tech. This is why small companies often team up with or sell their patents to others as it is the only way they can reap the value in their development work. Let's face it you have to have a lot of cash on hand to hire a law firm that can take on Apple. That sort of cash just isn't available to the small business community.
 
But the downside potential for investing in patent trolls is huge. All they need is one case to invalidate their 'patent', and licensees can start suing for return of their (usually exorbitant) fees.

Invalidations do happen, and if Congress ever gets their head out of their butts, they might actually pass legislation (GASP!) that could end this scourge...
You would be singing a different tune if you where a small time inventor and Apple was using one of your patented technologies. Remember Apple has said the have a policy of not entering into licensing deals. You only recourse is to take legal action. To do that you need resources. To get those resources you can turn to these third parties to get them to defend your patented idea.

What you call a scourge is one of the few ways a small time inventor can even hope to gain from his IP. If you only look at this from Apples perspective you will never see the perspective of the small time innovator. The small time innovator has the same rights to his ideas that Apple has, what he doesn't have is the energy and resources to go after the infringers the way Apple does.
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If they do have patents for cars and are working on an 'iCar', I'm sure that they can point to their actual R&D efforts, whereas this company that's suing, has absolutely nothing to show for it, nor have they produced anything tangible.


Doesn't make any difference. The patent is a property to be bought and sold or even licensed as the owner prefers. They can even sit on it forever.
 
I don't get the whole patent troll thing.

I even get less the, "NPE, must be a patent troll!" thing.
Lot of simple minded folks here!!!
Under this concept, any individual or company engaged in pure invention or research with the goal of developing a commercial concept for licensing is deemed second-class to a manufacturer and is branded a troll.
Exactly!

If some of the things people are supporting here where to happen we would enter into a terrible period in our countries history. Many universities for example depend upon licensed income for part of their endowment. Independent inventors would be wiped out as they would have none of the protections the current patent system offers. We would basically see a situation where only the very largest of multinational companies would benefit from patents as they would be the only ones with the resources to defend their patents.
It is also ridiculous to contend that such a person's or company's IP is unworthy of protection against infringement or ineligible to be sold or assigned to another party like any other kind of property.
The whole point of IP is to have ideas that can be sold. Ideas that effectively are inventions. It is pretty obvious that people don't get it in this thread. They whole reason we have the technology world that we currently live in is due to the patent process. Go to a few countries without string patent systems and protections for inventors and see what life is like.
I really don't get the emotional investment that commenters on tech sites have in branding everyone, who thinks their IP is infringed and need turn to the courts, patent trolls.

Because you have people here that have never been involved in the development of anything and probably don't have the mental capacity to invent. Some of the suggestions seen in this thread border on comp,tee stupidity and indicate a complete lack of knowledge about the business world in general. The number one issue here is that people believe that All companies have the same resourcesthat Apple has. Frankly that is not the norm, I've worked in places where hiring one person was a major event, most companies are not rolling in the money like Apple is. Sometimes you just need to bring in third parties to help out with things like patent infringement as you don't have the resources and frankly can't survive a failure to win a case.
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If 511 Innovations, Inc. bought a valid patent then they may, and should, sue anyone who tries to escape payment. After all. Patents are there to protect intellectual properties. The fact that they do not produce products is not important. The fact that they own a patent does.
Yep legal ownership and a valid patent is what you need. If somebody infringes then you seek redress. The only reason there are so many lawsuits thrown at Apple is that they have a policy of not licensing tech instead preferring to go to court!

Frankly if anybody is play the wrong side of the court here it is Apple. They would save their self a lot of grief by looking at licensing on a case by case basis and only taking cases to court that they clearly don't infringe upon.
I myself sold several ideas that are now patented by someone else, and I don't have to bother about any legal stuff. Works perfectly fine for me.

Yep! What people don't understand here is that a good portion of the economy depends upon people like you! So much innovation comes from small businesses and often spindle person entities these days. People see Apple as a big innovator, which they are, but they only get the spotlight because of their size. Far more innovation comes from small business.
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You asked for how to change things, I've provided an answer. I wasn't explaining how thing work now, I was explains how things could work to eliminate patent trolling.


Doesn't matter, you are completely out of touch and apparently don't understand the patent system. The patent system is there to give inventors specific rights for a fixed period of time to an invention. Inventions commonly being called IP these days. The right is to the invention not the freedom to manufacture or not.

As such you are free to do with your invention what you want including getting any economic gain you might want from it. If you want to sell that patent you can, if you want to licensing you can, if you want to sit on it you can; you after all are the owner of the patent. For many inventors the best way for them to realize a gain is to sell the patent to somebody else to do with as they want.

Owning a patent is something like being a farmer growing corn. Some of that corn can be edible, some can be cattle feed, some processed into other commodities like Oil, and some can be used to feed the stile out behind the barn. Basically you make the choice as to what to do with the capability provided by your farm. Likewise the owner of the patent makes a choice as to what he will do with that patent.
 
The problem with the patent system is that anything, even mundane basic functions that a three year old given three minutes would be able to come up with, get a patent. And on top of that for the modern electronics field 20 years are several eras. No prior art and complexity must get a priority when patent applications are investigated.

I think it is difficult to make a perfect system. Someone willing to invest in a researcher or their research should be able to benefit. Even when they just are going to sublicense the patent to someone else. But still there should be some kind of mechanism to avoid endless litigations. There are no help if smaller companies will be bankrupt or unable to create some otherwise great product because some silly patent have to be licensed for an abnorm sum of money.
 
... You can actually invest in Patent Troll companies and the payoff is entirely based on lawsuit awards because the company has no other revenue.

They have to sue because the patent was used without a license. I'm not saying if the patent is valid or the stealing was willful.
 

That definition is so deeply flawed. There is nothing wrong with acquiring patents and licensing them as a business model. The flaw in the model may be what is patented. But then again, in all those news making article, all we get is the title and quick synopsis of the patent. Which is usually fairly broad, by design. The patent is a lot more detailed. But you want a broad title and synopsis to actually help when a search is done for prior patents.
 
Maybe the issue with patent trolls could be resolved by saying that patents can't be sold to non-practicing entities...

Patent Trolls have in most cases a deservedly bad rep. They can be genuine asshats. The problem is there is no feasible statute that could prevent such firms from existing without causing more problems than it solves. And I'm not sure there should be. Flame away, but here's why:

A patent owner owns the exclusive rights to the invention, whether or not he is making it or selling it at any particular time. Maybe they have to stop product realization / manufacturing for bad economy, finances, raw materials, regulatory agencies, whatever. You cannot prevent them from selling it to some other firm that may or may not bring it to market right away. It doesn't make the patent less valid because the elevated holographic highways don't yet exist for my flying car, or the dilithium crystals can't be manufactured in quantity to support making the suitcase warp drives in financially viable amounts, or maybe the perceived Troll just wants to resell or license the invention to someone else and not manufacture it themselves at all.

The only questions that matter are: is the patent being "trolled" valid or not, and is it still within its allotted period of exclusivity or not. Nothing else matters. The patent holder is entitled to seek value for his property, whether we may arbitrarily think he's slacking or not, or asking for unreasonable ransom money to get a license.

We're very creative creatures, and no Troll roadblock lasts for long because creativity, technology and time--and sometimes money--overcome the obstacles.
 
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You would be singing a different tune if you where a small time inventor and Apple was using one of your patented technologies. Remember Apple has said the have a policy of not entering into licensing deals. You only recourse is to take legal action. To do that you need resources. To get those resources you can turn to these third parties to get them to defend your patented idea.

What you call a scourge is one of the few ways a small time inventor can even hope to gain from his IP. If you only look at this from Apples perspective you will never see the perspective of the small time innovator. The small time innovator has the same rights to his ideas that Apple has, what he doesn't have is the energy and resources to go after the infringers the way Apple does.

It is a scourge. It's a damned game! File in the East Texass court, and you get a very sympathetic court willing to bend over backward and bend the law even farther.

It IS a game, and with sucky subservient courts like that, they make the game even worse. I'm betting you could even tell how tenuous the grip on reality the claim is by what court they file in. Just saying...
 
No they're not.

https://techcrunch.com/2011/12/09/apple-made-a-deal-with-the-devil-no-worse-a-patent-troll/
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Would you like to provide some evidence with that claim or do you want to just continue spouting spurious accusations?

I think you need to look up the definition of a patent troll.

What about the above link?
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Um. I don't think you understand what a Patent Troll is. They are basically shell companies that are set up to do nothing but sue actual productive companies. I don't see any stretch of the definition of Patent Troll where Apple fits, no matter what your opinion of Apple is. That doesn't mean Apple doesn't bully companies. But that's different.

You can actually invest in Patent Troll companies and the payoff is entirely based on lawsuit awards because the company has no other revenue.

What do you make of the above link?
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You might not like Apple for your own personal reasons, but they are most definitely NOT a patent troll by definition.

A patent troll has no intention of developing the patents that they own to produce products, and in most cases did not develop the patent themselves. Apple defends their patents when they see a competitor stealing their IP and using it to damage their core business.

What are your thoughts on the above link?
 
I look at it two ways, why doesn't Apple do much research in seeing if there are patents for the new things it invents or when they take a company over?

Second, people keep complaining that patents are suppose to provide innovation. How does innovation happen when I come up with a great idea and sit on it for 10 years without doing a single thing? I do believe that I should get some compensation if someone steals my idea to make something exactly as described but not for generic and broad ideas. Patents should have a 5 year expiration date which can be extended if I attempt to do something with it. It could be something small such as revising it or larger, like put together a kickstarter page. However, sitting on a patent, no matter how poor, busy, or lazy I am and then cry about it because someone actually invents something similar makes me, by definition, a patent troll.
 
These NPEs disgust me. One of the greatest threats to innovation in the modern world. A reflection on a crumbling society.

Th fact the economy is trying to be separate from the society that created it was the first sign, which took place a long time ago.
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Just another case of one company trying to protect their patent from being stolen by Apple with the cultists, drones, and zealots, screaming "patent troll" because Apple is being sued instead of suing.

See, it's okay for big companies to troll and be bullies, especially when they cannot buy the competition. The smaller ones, or even small companies that buy patents because that's what they do for a living (like how companies buy domain names then sell at inflated prices) and large companies are not unknown for buying companies solely for the patents but doing sod all with the products bought... okay for big, no-no for small.

If everyone is upset with Apple, what are you going to do?

[doublepost=1470490367][/doublepost]And did Jane Orangespore marry Johnny and change her name? Or is she the daughter of Johnny, living off his name ever so lazily?

It's an "epic fail" as far as playing "PC pattycake" goes.
 
...People are awfully flexible around here when it comes to a definition of a patent troll. Frankly it appears to be anybody suing Apple with a valid patent. You can't have it both ways, just as Apple defends its patents so too do these patent holders...

You can spend your whole afternoon writing pithy little responses back to everyones' posts if you like, but it won't change the fact that this company is a patent troll.

They're at least three entities removed from the original patent creator, and it's quite obvious that they are in business to scoop up patents that look like they might have a payday against a product producing company who has a working technology on the market, and then venue shop in a court that will give them "home court advantage."

Apple (and other technology companies) licenses patents from legitimate IP developers who do not manufacture products quite often. And they should. But this company is not one of those entities.
 
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