- Oct 2018
Shipping & Transit’s campaign continued for years against a variety of targets. In 2016, it was the top patent litigator in the entire country, mostly targeting small businesses. One judge described its tactics as “exploitative litigation.” The court explained:
Plaintiff’s business model involves filing hundreds of patent infringement lawsuits, mostly against small companies, and leveraging the high cost of litigation to extract settlements for amounts less than $50,000.
For many years, this strategy worked. Shipping & Transit/Arrivalstar is reported to have collected more than $15 million from defendants between 2009 and 2013.
- Oct 2016
Recent changes in the U.S. patent system have made it easier for companies with deep pockets to combat claims. Shipping & Transit has turned its sights on scores of small online retailers and logistics startups. It typically demands licensing fees of $25,000 to $45,000, amounts just small enough to discourage a legal battle, yet painful for businesses with only a few employees.
Despite hundreds of lawsuits filed by Shipping & Transit and its predecessor, a court has never ruled on the merits of its patent claims, according to Lex Machina. CD Universe, of Wallingford, Ct., settled last month on confidential terms. “To fight it would have cost more than settling,” Mr. Nastri said.
- Jun 2016
Local file Local file
Additionally, Ducor (2000) investigated asmall set of patents in molecular biology and their concom-itant publications in the scientific literature. Of the 40patent-article pairs examined, all but two listed more au-thors than inventors, which raises interesting questionsabout the relative stringency of the criteria employed forconferring authorship and inventorship.
number of patent holders is generally smaller than number of authors on accompanying paper
- Dec 2015
1. 1. A musical pizza box comprising: a box material foldable into a pizza box having a lid hingedly attached to a base; anda pizza box audio module comprising: a speaker;a microchip board capable of receiving a microchip mounted on the microchip board;at least one power source;electrical wiring electrically connecting the speaker, the microchip board, and the power source; andan activation mechanism;wherein the pizza box audio module is coupled to the box material such that when the box material is folded to form the pizza box, the microchip is mounted to the microchip board, and the lid is moved from a closed state to an opened state, the activation mechanism is triggered to cause any recorded audio message stored on the microchip to be emitted by the speaker.
I would really like my pizza delivered in a musical pizza box.
- Jun 2014
Technology leadership is not defined by patents, which history has repeatedly shown to be small protection indeed against a determined competitor, but rather by the ability of a company to attract and motivate the world’s most talented engineers. We believe that applying the open source philosophy to our patents will strengthen rather than diminish Tesla’s position in this regard.
"Technology leadership is....defined by...the ability of a company to attract and motivate the world's most talented engineers."
The key components of this applied "open source philosophy" seem to be about increasing input, visibility, and collective motivation by taking fear out of the interaction equation.
receiving a patent really just meant that you bought a lottery ticket to a lawsuit
- Feb 2014
Fisher outlines three trends : (1) the increasing number of citizens owning , or employed by owners of , intellectual property; (2) the United States’ economic position as an increasingly net exporter of intellectual property; and (3) the increasing investment companies have made in intellectual property in terms of research, development, brand - establishment, etc. (1999, Sect. II. A.).
increasing number of owners of intellectual property
strong economic position including exports of intellectual property
increase in investments by companies in intellectual property
Ladas and Parry note that patent law originated in a manufacturing economy when patents were beginning to acquire new importance , and that patents have increased in popularity along with the rise of the economy (2009, n. pag.)
On one hand, there are infinite ideas, and so the taking of one idea as private property clearly leaves “enough,” and debatably “as good” for others (Locke, INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 8 1690, Chap. V, Sect. 27).
This statement seems to me a stretch-- a very far stretch.
What does it mean to have "infinite ideas"? And how do you arrive at the judgments "enough" and "as good" here?
Ideas don't exist in isolation; they are not individual fruits to be plucked from the world of thought. Ideas are built upon other ideas. They are embedded within each other, juxtaposed one next to the other, stacked, remixed; varied one from the other, sometimes as a derivation, sometimes an inspiration.
And in the face of this, what is the notion of "creation"? Given a certain base of knowledge, there are some natural next steps that can be built from those basic building blocks.
Here we have to disentangle the notion of discovery from creation. I think maybe that, in part, is the notion of patents vs copyright, but in the land of software we seem to have a tangled mess.
Unlike in copyright law, where derivative works require authorization, new inventions can incorporate prior inventions wit hout permission — in these cases, the patents are independent of each other (the patent of one inventor does not give him or her any rights over the patent of the other inventor).
Copyright law requires authorization for derivative works, but under patent law new inventions can incorporate prior inventions without permission.
U.S. intellectual property law originates (as law) from the Constitution: Article I, Section 8, Clause 8 of the Constitution makes copyright and patent law possible (“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 4 respective Writings and Discoveries”) ,
Article I, Section 8, Clause 8 makes copyright and patent law possible.
- infinite ideas
- intellectual property
- US intellectual property law
- Lockean Proviso
- manufacturing economy