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story category Judge Doubles Award in Visto Patent Suit
Mobile email service provider initiates new suits
(old news - 11:36AM Saturday Dec 23 2006)
tags: wireless
Visto Corp., provider of mobile email services, is on a mission to protect its technology through several lawsuits for patent infringement. Earlier this year, the company won a victory in this battle against Seven Networks, Inc. and this week the judge’s final ruling enhanced that victory. SFGate.com reports that the patent infringement suit awarded Visto $7.7 million, more than doubling the jury’s initial award to account for interest and various legal fees. Visto has filed similar suits against other companies, including Microsoft and Research in Motion.

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Forums » Judge Doubles Award in Visto Patent Suit
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LiamJunket
Premium
join:2002-03-03
Ocean City, NJ
·Comcast


4 edits

Patent law on patenting processes needs a major overhaul

The 1st problem with patents in general and with the whole process is that you would need a couple lawyers and a couple engineers spending months researching old patents every time you created or modified a product. And the second problem is that the patent office allows the creation of patents based on general ideas rather than on specific products. Even after spending months doing research, most product developers and their support staff still wouldn't have the foggiest idea if they violated a patent or not.

»www.visto.com/news/releases/06.1···even.asp
To get just a little taste of how obtuse the patented processes are, just look at the 3 patents involved in this particular case from the news item. How a jury comes to a logical decision is beyond me.

»patft.uspto.gov/netacgi/nph-Pars···,085,192

»patft.uspto.gov/netacgi/nph-Pars···,023,708

»patft.uspto.gov/netacgi/nph-Pars···,708,221

If you are having a problem viewing the patent office TIFF images that are part of patent filings, here is a link to a web page that has links to plugins for IE and FF. I used the alterna Tiff plugins.
»www.uspto.gov/patft/help/images.htm
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bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA
·AT&T Yahoo

Re: Patent law on patenting processes needs a mjor overhaul

A quick read of the abstracts suggests this is nothing more than off-site backup. If that patent gets pursued, every company using this idea is vulnerable. The applicants should be tarred and feathered. They did no research.
--
Televideo ergo sum.....I watch TV, therefore I am.
rhdcheme

join:2006-11-18
Lorton, VA
·Cox HSI

Re: Patent law on patenting processes needs a mjor overhaul

said by bigunk See Profile :

A quick read of the abstracts suggests this is nothing more than off-site backup. If that patent gets pursued, every company using this idea is vulnerable. The applicants should be tarred and feathered. They did no research.
Abstracts do not define the scope of patent protection. Patent claims do.

bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA

Re: Patent law on patenting processes needs a mjor overhaul

Fair enough. You may well be more schooled in patent law than I. No problem here, but am I right as far as what I have written?
--
Televideo ergo sum.....I watch TV, therefore I am.
rhdcheme

join:2006-11-18
Lorton, VA
·Cox HSI


1 edit

Re: Patent law on patenting processes needs a mjor overhaul

said by bigunk See Profile :

Fair enough. You may well be more schooled in patent law than I. No problem here, but am I right as far as what I have written?
Not knowing what was presented in court - I don;t know. But a US patent carries with it the presumption of validity (i.e., the imprimatur of the patent office having granted it after an examination).

In patent litigation, the patent owner will be confronted with the best prior art available by the infringer(s)/defendant(s) in court. Based on what the article says, it seems that the judge/jury did not believe that the patent claims were invalid. That is why the judge ruled the way he did, assuming that the judge is all up there (if you know what I mean).

These cases usually end up on appeal to the US Court of Appeals for the Federal Circuit, where US district courts judges are routinely reversed. Trial judges with no technical background are incapable of handling these technical cases, IMHO.

bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA
·AT&T Yahoo

Re: Patent law on patenting processes needs a mjor overhaul

OK, fair enough. I guess I was taking the approach of reason as opposed to court proceedings. Funny, I'm going to see my lawyer today to get his computers working. Christmas eve stops no litigator along his chosen path in life, eh?
--
Televideo ergo sum.....I watch TV, therefore I am.

CtrlAltDel
Worse Than Carter
Arbitrary Text
join:2001-12-30
Backyard

And

the lawyers get richer again. These companies should do research before using another company's technology and now they will pay for their errors. Too bad! That's why there are specialized attorneys called Patent Lawyers.
devnuller

join:2006-06-10
Hollis, NH

Re: And

If it wasn't for lawyers.....

.... we wouldn't need lawyers
smcallah

join:2004-08-05
Home

Re: And

Well, it could be said too...

If it weren't for lawmakers, we wouldn't need lawyers.

Lawmakers create laws that are so convoluted and full of loopholes that you need people that know the laws to fight for you.
devnuller

join:2006-06-10
Hollis, NH

Re: And

99 out of 100 Lawmakers are Lawyers... See the pattern

batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
clubs:

M$?

Microsoft stealing copyrighted material? Say it ain't so Bill.
Forums » Judge Doubles Award in Visto Patent Suit


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