Feds Check Out Antivirus Patent Claims
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Trend Micro has convinced the trade commission to look into whether competitors are infringing on its patents.
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The yearlong project will allow experts in computer technology to send technical references regarding the claims of a patent application before an examiner reviews it.
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The U.S. technology industry has faced dozens of lawsuits by &quot;patent speculators&quot; in recent years, and it&#39;s time for Congress to fix problems with the patent system, Intel&#39;s general counsel said Monday.In the last 21 months, U.S. technology vendors have contended with 193 patent infringement lawsuits, and 70 percent of them came from patent speculators -- &quot;people who buy up patents for the purpose of litigating them,&quot; said Bruce Sewell, Intel&#39;s executive vice president and general counsel, at a patent forum.By contrast, companies in the pharmaceutical industry have been defendants in 28 patent infringement lawsuits during the same stretch, and 24 of those lawsuits have been between competitors, he said.Patent lawsuit reform is needed to fix the problem with patent speculators -- called patent trolls by some people -- Sewell said, speaking at a&#160;patent reform&#160;forum in Washington, D.C. Patent reform legislation pending in the U.S. Senate doesn&#39;t target legitimate inventors, he said.&quot;We&#39;re not talking about individual inventors who sue for patent infringement,&quot; Sewell said. &quot;We&#39;re talking about patent speculators who warehouse patents and use those patents to go after successful companies.&quot;But Hans Sauer, associated general counsel at the Biotechnology Industry Organization (BIO), called the Patent Reform Act, a version of which&#160;passed the House of Representatives&#160;in September, a &quot;very patent-hostile bill.&quot; In the Senate, the bill has&#160;stalled over objections&#160;from the biotech and pharmaceutical industries, as well as inventors and some labor unions.The House version of Patent Reform Act, supported by several large tech vendors including Microsoft and IBM, would allow courts to change the way they assess damages in patent infringement cases. Currently, courts generally consider the value of the entire product when a small piece of the product infringes a patent; the bill would allow courts to base damages only on the value of the infringing piece.&quot;Not all patents are identical,&quot; Sewell said. &quot;Some patents are more important in a product, and some patents are less important.&quot;The bill would also allow a new way to challenge patents within one year after they&#39;ve been granted.Changes in the way patents are enforced could hurt innovation, Sauer said. The bill could diminish incentives for the health industry to innovate in the coming years, he said.&quot;Will I, 30 years from now, pay $10 less for an iPod and have a 10 percent less chance that Alzheimer&#39;s medicine will be available?&quot; he said.It is difficult to predict the effects of the patent reform legislation, added Anat Hakim, a patent lawyer with Foley &amp; Lardner, the law firm that sponsored the patent forum.Sewell complained that there&#39;s a small &quot;cottage industry&quot; of patent speculators that have sprung up. &quot;The concern is that we don&#39;t end up encouraging another cottage industry,&quot; Hakim said.The U.S. Supreme Court has ruled on several patent questions in recent years, and the U.S. Patent and Trademark Office is instituting new rules later this year, Sauer noted. Adding a patent overhaul bill on top of those changes is &quot;a lot to happen at once,&quot; he said.But Sewell said the changes are needed for the IT industry, if not biotech. &quot;You have a group of companies that are happy with the status quo, and are saying, &#39;Don&#39;t change it; it&#39;s not broken,&#39;&quot; he said. &quot;That&#39;s fine, but it&#39;s broken for a lot of other people.&quot;
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(InfoWorld) - A California-based software company has filed a patent infringement suit against Microsoft over two patents that enable the creation of virtual private networks. VirnetX, a company that builds software for secure communications, claims Microsoft is infringing on two of its patents, according to a press statement by the company, which is based in Scotts Valley, California. One of the patents relates to establishing a secure communication link or VPN, while the other is for a method and system of transparently creating a VPN, the company said. VirnetX is seeking damages from Microsoft as well as an injunction against the company from using the patented technologies. Law firm McDermott Will & Emery is handling the case for VirnetX. VirnetX CEO and President Kendall Larsen did not return a call seeking comment on Thursday. Microsoft could not be reached immediately for comment through its public relations firm Thursday.
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eTrust Antivirus mistook a critical security process for malware.
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Companies are accused of infecting PCs, and then selling spyware-blocking software.
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By Peter Healy, The Stamford Advocate, Conn.  Dec. 17--Imagine that you just told a friend via e-mail about your idea for a new product that might outsell the iPod. But if a computer hacker finds it and steals your secrets, a lifetime of work and billions in revenues could be lost.
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The chances of a user being sued for intellectual property (IP) infringement related to software usage are slim, industry observers say. But that may change, as some companies hoard patents for the express purpose of using them to extract money from sellers and users of software.
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How significant is the US Patent and Trademark Office&#39;s initial rejection of Microsoft&#39;s FAT (file allocation table) file system patent claims?
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The Federal Trade Commission is going after spyware, bits of computer code that install themselves on the computers of Internet users to track or disrupt their online activities.
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(InfoWorld) - U.S. technology vendors submitted five patent applications for last Friday's launch of a Web site that allows the public to review proposals before patents are granted. Less than a week later, the public had submitted claims of previous inventions that could invalidate each one. The prior art submissions may not pan out, but if they do, that's OK with the technology vendors. Prior art refers to existing inventions. "It's not a negative if we don't get a patent that we don't deserve," said Manny Schecter, associate general counsel for IBM Corp., an early supporter of the Peer-to-Patent project. "We don't want to have a false sense of security that we have a valuable asset that we don't really have." Peer-to-Patent's exposure of prior art will weed out patents that would likely face challenges down the line, added Curt Rose, associate general counsel for Hewlett-Packard Co. "We don't want to get patents issued that aren't valid," he said. "That's just a waste of time and money and resources for us and everybody else." Peer-to-Patent is a year-long pilot program offered through the U.S. Patent and Trademark Office (USPTO) and New York Law School's Institute for Information Law and Policy. The pilot, which covers patent applications for computer architecture, software and information security, launched June 15 with the support of several tech vendors. IBM, HP, Intel Corp. and Red Hat Inc. each submitted patent applications to help launch the program. The program has multiple goals, chief among them to weed out invalid patents, said Beth Noveck, a professor at the New York Law School who originally proposed the program in July 2005. Many tech vendors have pushed Congress to fix what they see as a broken patent system, and one of the biggest concerns is that overworked USPTO examiners grant too many undeserving patents. One goal is to "improve the quality of patents by providing the patent office with more and better information about inventions for which applications are filed," Noveck said. "We want to prevent the issuance of undeserving patent claims." Another goal is to make USPTO "more accountable and transparent to the technology community," she added. Supporters of Peer-to-Patent may be the first example of social networking being used in a government application. "It brings the strength of the community to the patent examination process," said HP's Rose. "So the examiners can make the best examination they can, which ultimately results in better patents." In the first week, IBM's patent application in the pilot, called "database staging area read-through or forced flush with dirty notification," has generated four claims of prior art as well as some discussion on a message board attached to the application. Peer-to-Patent allows the public to discuss patent applications and upload examples of prior art. Then, members of the site select the top examples of prior art for each patent application and the top 10 are forwarded to USPTO. One advantage for companies using the pilot is that they will have their patents reviewed within a year, instead of the traditional four-year waiting period. Under Noveck's original proposal, inventors who decided not to use the Peer-to-Patent review would get patents that were valid for a shorter length of time than those who used Peer-to-Patent, but that's not part of the pilot. The pilot has gained praise from some members of the open-source software community, in addition to large tech vendors. Bad patents hurt open-source and free software projects partly because those projects often aren't part of prior art searches at the USPTO, said Pamela Jones, founder and editor of Groklaw , a Web site focused on open-source and free software legal issues. No open-source and free software prior art database exists, and it's now nearly impossible to write major new software packages without getting into a patent dispute, Jones said on a video on the Peer-to-Patent site. "I think of this project as spraying insecticide on stupid patents before they can multiply," Jones added. "And your knowledge of prior art is the bug spray."
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Watch out when litigation trumps innovation.
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The U.S. International Trade Commission (USITC) has launched four investigations involving the import of computers or electronic device components, including one based on a complaint that several companies are violating patents on DRAM chips.
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Release of anti-spyware tool, promise of virus removal software could spell trouble for antivirus software companies.
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Gasoline and milk aren&#39;t the only things that cost more these days. The cost of keeping your antivirus software current has been rising, also.
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Software vendor mulls how to compensate Chinese comupter users effected by a buggy antivirus update last week.
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THE US Federal Trade Commission has filed America&#39;s first case against software companies accused of infecting computers with intrusive spyware and then trying to sell people the solution.