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Louisiana Tech University patents file folders, then goes trolling
Posted on 4/5/17 at 3:11 am
Posted on 4/5/17 at 3:11 am
quote:
The Electronic Frontier Foundation is hoping that the saga of US Patent No. 8,473,532 will serve as a reminder that many universities aren't doing what they can to make the patent system work better. The '532 patent, "Method and apparatus for automatic organization for computer files," describes little more than a system of sorting files into folders. That alone would be enough to make it the Electronic Frontier Foundation's pick for "Stupid Patent of the Month."
In September, Louisiana Tech went on to strike a deal with an entity called Micoba LLC to enforce the patent, which resulted in a series of 11 lawsuits filed later in the year, all in the Eastern District of Texas. Defendants in those lawsuits include seven defendants that already appear to have settled the claims, since the federal court records show their cases are closed: Syncplicity, iDrive, Dropbox, SpiderOak, Workshare Technology, Egnite, and Carbonite. Four other companies—Asustek, Box, Citrix, and SugarSync—have ongoing litigation.
The lawsuits accuse the companies of having products that automatically sort files into folders based on the names of the files and the folders.
Louisiana Tech University is proud of being a public institution "committed to quality in teaching, research, creative activity, public service, and workforce/economic development." So how does that mission statement square with getting a patent on something as basic as putting computer files in folders and then partnering with a clear patent assertion company to sue several companies?
"I will reach out to some of our IP and commercialization folks and see if I can get you an appropriate contact," Louisiana Tech Communications Director Dave Guerin told Ars via e-mail on Friday. He didn't respond to further inquiries.
The inventor of the '532 patent is Louisiana Tech computer science professor Chee Hung Ben Choi, (whose name appears as Chee Hung Ben on patent documents). Choi didn't return a call and e-mail requesting comment on his patent.
LINK
Posted on 4/5/17 at 4:55 am to iPadThai
We gonna that LA Tech student Paige to check in here and set things straight.
Posted on 4/5/17 at 5:22 am to iPadThai
Wow frick LA Tech. That's ridiculous
Posted on 4/5/17 at 5:31 am to MrSmith
He's got a patent. Doesn't matter what that patent is for- he's got every right to sue
Posted on 4/5/17 at 5:53 am to iPadThai
quote:
Chee Hung Ben Choi
Quality Asian name. Here's another good one: Yao Huj Wang (pronounced Yo huge wang)
Posted on 4/5/17 at 6:19 am to roguetiger15
quote:
He's got a patent. Doesn't matter what that patent is for- he's got every right to sue
This
Posted on 4/5/17 at 6:54 am to iPadThai
I'm honestly impressed that the guy who invented computer folders teaches as LA Tech.
Posted on 4/5/17 at 7:11 am to iPadThai
quote:
Chee Hung Ben
Not surprising. He sounds like a huge dick.
Posted on 4/5/17 at 7:28 am to iPadThai
I explain these situations like this:
You know what doesn't have a patent? Putting tap water in plastic bottles and selling it. Do you really think you should patent that and try to enforce the patent?
You know what doesn't have a patent? Putting tap water in plastic bottles and selling it. Do you really think you should patent that and try to enforce the patent?
Posted on 4/5/17 at 7:39 am to jbgleason
quote:
I explain these situations like this: You know what doesn't have a patent? Putting tap water in plastic bottles and selling it. Do you really think you should patent that and try to enforce the patent?
Putting tap water in plastic bottles doesn't have a patent because that process has been used publicly for ages and the USPTO would not issue a patent for that.
Posted on 4/5/17 at 7:57 am to NOFOX
Geez. I was obviously explaining the concept in the most layman terms possible. It wasn't meant to be a working example. But go ahead and write a fifteen paragraph diatribe on patent law for us. Fact remains that he patented a working concept in use by multitudes and partnered with a shyster enforcement firm to attempt to get a check quickly.
Posted on 4/5/17 at 8:03 am to iPadThai
I'm surprised they issued the patent.
Posted on 4/5/17 at 9:20 am to jbgleason
quote:
Geez. I was obviously explaining the concept in the most layman terms possible.
Or you were falsely describing the concept.
quote:
Fact remains that he patented a working concept in use by multitudes and partnered with a shyster enforcement firm to attempt to get a check quickly.
He filed for his patent more than a decade before partnering with a patent troll. The patent was filed in 2004 with an '03 priority date. It's not just folders either.
quote:
method and apparatus to automatically organize computer files or web pages into meaning categories, to acquire new computer files or web pages, and to maintain the resulting organization in hierarchical directory tree structure. The method allows a user to provide a large number of unorganized files or an initial directory. The method partitions the unorganized files into hierarchically arranged categories that form an initial directory or allows a user to provide the initial directory. The method creates a description to summarize the contents of each of the categories in the directory. The method uses the descriptions in a classification step that assigns a newly given computer file to one of the categories. W
So who was using this process in 2002-2003?
This post was edited on 4/5/17 at 9:26 am
Posted on 4/5/17 at 9:47 am to jbgleason
quote:
Fact remains that he patented a working concept in use by multitudes and partnered with a shyster enforcement firm to attempt to get a check quickly.
This strikes me as patently un-freemarket. What's wrong with defending your idea and making some $$$? Especially when the courts rule it legal?
It's like the guys that actually read the fine print and exploit it. IIRC there was a guy in Russia that wrote in his own terms for a contract with a CC company. Company didn't read it, but accepted it anyway. Guy profits big time.
quote:
The trick was that Agarkov simply scanned the bank’s document and ‘amended’ the small print with his own terms.
He opted for a 0 percent interest rate and no fees, adding that the customer "is not obliged to pay any fees and charges imposed by bank tariffs." The bank, however, didn’t read ‘the amendments’, as it signed and certified the document, as well as sent the man a credit card. Under the agreement, the bank OK'd to provide unlimited credit, according to Agarkov’s lawyer Dmitry Mikhalevich talking to Kommersant daily.
"The opened credit line was unlimited. He could afford to buy an island somewhere in Malaysia, and the bank would have to pay for it by law," Mikhalevich added.
Agarkov also changed the URL of the site where the terms and conditions were published and hedged against the bank’s breaking of the agreement. For each unilateral change in the terms provided in the agreement, the bank would be asked to pay the customer (Agarkov) 3 million rubles ($91,000), or a cancelation fee of 6 million rubles ($182,000).
A headquarters of Tinkoff Credit Systems bank in Moscow (RIA Novosti / Ramil Sitdikov)
However, after two years of active use, the bank decided to terminate Agarkov's credit card because of overdue payments. In 2012, the bank sued Agarkov for 45,000 rubles ($1,363) - an amount that included the remaining balance, fees, and late payment charges, which violated the actual agreement. The court decided that the agreement Agarkov crafted was valid, and required him to settle only his balance of 19,000 rubles ($575).
The bankers had to admit the mistake, says Agarkov’s representative Dmitry Mikhalevich.
"They signed the documents without looking. They said what usually their borrowers say in court: 'We have not read it,'” says Mikhalevich.
Despite the victory, Agarkov decided to sue Tinkoff Credit Systems for fines of 24 million rubles ($727,000) for not honoring the terms of the agreement, and the decision to terminate the contract without paying 6 million rubles ($182,000) fee.
LINK
Posted on 4/5/17 at 10:09 am to jbgleason
quote:
jbgleason
You would make a dumb patent attorney
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