Thursday, November 15, 2012
Steven Levy has always been a great writer who covers technology sector, but his article on "the problem of patents" Wired is a must read, even if you are familiar with these stories. He did a great job showing how messed up the patent system, focusing on a few key trolls, and pulling important information and data to support anecdotal claims. Much of the story is about Mitchell Medina, who took a ridiculous patent that came an idea about the digitization of medical records in electronic form, and became the belief that it held a patent in which nearly all sites violated. You really should read the whole thing, but a little bite: First, Medina and two other persons named in the patent could never build a product that works.
Although all three had ever tried to build a working model before the patent was issued, we have now decided to create a company based on the idea. Elijah was a prototype, but one that would later admit Medina "did not work very well." He said he visited "every great player" who was raised in the computer industry to see if they would concede and build a commercial version of themselves. He also said he had tried to obtain venture capital to start a business of their own. however, no company or VC put money on it. According to Medina, who were upset especially when, during a meeting, an officer of the division IBM Lotus brutally rejected the idea of ??paying for the use of the concept. "He acted as if these patents were somehow ridiculous," said Lech.

Medina
Finally cut the guy who actually had the idea to scan documents and has established itself as a troll patents. It is more than 100 companies - and I realized that all the "license" he asked was cheaper than fighting in court, everybody pays and everybody does ... except for one company, Flagstar Bancorp Levy goes into the details of the seven years he spent fighting against the case, including two judges from other district courts closed absolutely demand (said the case was "evidence of extortion") and Medina said that I had to pay to submit this request ridiculous (in the middle of all this, the court call, ridiculously, was not agreed and returned). Finally, the Court of Appeal agreed with the trial court and the Supreme Court refused to hear the case, but it was a huge waste of time and energy. Surprisingly, the man who demanded payment of all such companies (and obtained more), do nothing to really help with the development of electronic commerce, say, a "victim".


Mitchell Medina, which continued more than 100 companies for infringement of its patents, is considered a victim. "When Jobs and Wozniak or Hewlett and Packard began in a garage, they are the heroes and captains of industry," he said. "If you apply for a patent in the first place, you are a troll." By e-mail from Africa, Flagstar continues to challenge this decision, arguing that Martinez ignored crucial evidence and ruled incorrectly. (Medina considered better not to talk on the phone, because, as he says, "I tend to speak my mind, and it would be unwise to pass the censorship of writing.")


"We have done nothing wrong," he wrote. "Judges in this case behaved like spectators at a Roman Coliseum wanted to see a lot of blood the soil in the form of money litigant before the show is considered worthwhile. "
Really, this is only touching the surface. Even if you are familiar with the case Flagstar (who wrote about last year when the final decision came down CAFC), reading the value piece Levy. The problem, of course, is that this kind of thing happens again and again and again - almost all of it taking money for productive construction companies and products, and send a lawyer. It is a massive leak in the economy and it is time to repair
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