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Re: USPTO Orders 1-Click Patent Reexam

__/ [ M ] on Wednesday 17 May 2006 18:16 \__

> Barry Margolin wrote:
>> In article <4658657.aGJ095cvNI@xxxxxxxxxxxxxxx>,
>>  Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx> wrote:
>>> __/ [ theodp@xxxxxxxxx ] on Wednesday 17 May 2006 04:40 \__
>>> > http://www.patentbaristas.com/archives/000395.php
>>> > 
>>> > It Only Takes One Determined Individual to Bring Down a Patent
>>> > 
>>> > A lone blogger may have succeeded in getting Amazon's 1-Click Patent
>>> > cut short. The '411 patent, assigned to Amazon, is known as the 1-Click
>>> > Patent for its claim on ordering items on the web by "clicking" just
>>> > once. Based on material submitted by New Zealander and Lord of the
>>> > Rings choreographer Peter Calveley, the USPTO ordered a reexamination
>>> > of Amazon's 1-Click Patent....
>>> What about the smileys?
>>>         http://news.zdnet.co.uk/business/0,39020645,39210396,00.htm
>>>         Microsoft frowned at for smiley patent
>> Have they (or you) actually read the patent?  They didn't patent
>> smileys.  They patented a technique for users to create and transmit
>> their own custom emoticons.  Existing systems that translate smileys
>> into graphical icons have a hard-coded list of smileys that they
>> recognize.  Microsoft's patent allows the user to add their own, and
>> assign a character sequence that they type to represent it.
> I haven't read the patent, but what you are describing here just sounds
> like a natural extention to me, rather like a user configuration file that
> thousands of applications use all the time to extend their functionality.

Moreover, this seems like a rather natural extension to me. You could
categorise this as 'tailoring' or 'customisation'.

> Our software allows you write a script, attach it to a button, (bitmap of
> your own design), which you can then put on a toolbar. Press the button and
> the script runs. Exactly the same sort of thing, and our software has been
> doing it for years. Hardly novel!

Pun could be intended.

>>> Or the swing...
>>>         http://www.freepatentsonline.com/6368227.html
>> Are you sure that one's real?  I tried to find it on the PTO's web site,
>> but couldn't.

The following was published in Forbes yesterday:


Supreme Court Buries Patent Trolls

,----[ Quote ]
| The U.S. Supreme Court has tipped the balance in patent disputes ever
| so slightly toward the users of patented technology and away from
| inventors, owners of intellectual property and the hated "patent
| trolls"--companies that make money by suing for infringement of
| patents they own but don't use. 

This seems to apply rather nicely to the example above, which by all means
was not fake.

Best wishes,


PS - <M>, note that KNode reduces followup to just one newsgroup (not ours)

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