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Submarine patent torpedoed …

June 26th, 2012 by p1, Filed under: Commentary, Culture, Law, malware, OT, Virus

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.

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

(By the way, patent trolls cost money …)

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