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Topic: Patent Busting Project

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	Patent attorney - Wikipedia, the free encyclopedia
		A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition.
		Patent specialists in Japan are known as benrishi and must take a qualifying exam to receive the title.
		Patent attorneys, however, are also admitted to the practice of law in at least one state or territory (e.g., American Samoa) of the United States.
	en.wikipedia.org /wiki/Patent_attorney (1670 words)

	Patent Busting Project - Wikipedia, the free encyclopedia
		The Patent Busting Project is an EFF initiative launched April 19, 2004 to challenge patents that the EFF claim are illegitimate and suppress innovation or limit online expression.
		The effort began with a "patent busting contest" where the public was encouraged to submit proposals of the worst offenders.
		Of these, EFF chose the top "10 Most Wanted" list of patents based on patent viability, whether the patent owners intend to enforce these patents, and how much of a threat they are to potential infringers.
	en.wikipedia.org /wiki/Patent_Busting_Project (372 words)

	iqexpand.com (Site not responding. Last check: 2007-09-10)
		Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.
		A patent application (other than a design patent) must explain how to practice (i.e., make and/or use) the invention(s) and must also include claims that particularly point out the invention(s) and define the scope of the subject matter for which exclusive rights are sought by the patent applicant.
		Typically, an application for a patent is prepared by a professional patent agent or patent attorney and filed with a patent office where it is then examined by a patent examiner for patentability.
	patent.iqexpand.com (4011 words)

	TROLL OR NO TROLL? POLICING PATENT USAGE WITH AN OPEN POST-GRANT REVIEW
		Patent watchdog groups argued that JGR--a potential patent troll formed solely to purchase Commerce One's patents--should not be able to use the patents as a vehicle to extract licensing fees and that the patents should lapse into the public domain.
		Under the current patent system, when a troll begins enforcing his patent, companies who are using the troll's technology are virtually compelled to pay a licensing fee because a finding of infringement would result in the automatic issuance of a permanent injunction and other penalties.
		Patent trolls should be unable to capitalize on market uncertainty by allowing others to unknowingly develop infringing technologies while waiting in the wings to subsequently appear and extract licensing fees.
	www.law.duke.edu /journals/dltr/articles/2005dltr0009.html (5795 words)

	Computer Buyer: News: Patent Busting Project names ten 'most-wanted' patents
		The Patent Busting Project is riding out to apprehend what it considers a gang of hardened outlaws: the ten patents that have most threatened freedoms of expression online.
		The PBP, which is the latest offshoot of the Electronic Frontier Foundation, claims that the ten named patents are being wielded against individuals, small businesses and non-profit organisations in a bid to extract licensing fees or shut competitors out of a market.
		Its main thrust in overturning these patents is to assemble a body of 'prior art', or evidence that the 'invention' so patented was already in existence and therefore can not be considered an invention of the patent holder.
	www.pcpro.co.uk /buyer/news/60006/patent-busting-project-names-ten-mostwanted-patents.html (392 words)

	Peter Zura's Two-Seventy-One Patent Blog (Site not responding. Last check: 2007-09-10)
		While these patent pledges will do little to deter claims of patent infringement on open-source, OSDL is apparently taking a step further by preparing an expansion of the project's scope to include information on the website that might be used to overturn questionable software patents.
		OSDL is combining forces with the Public Patent Foundation, the Electronic Frontier Foundation 's Patent Busting Project and other groups, to provide easier access to companies seeking invalidating prior art.
		Peter is a patent attorney practicing with a general-practice firm in the Chicago area.
	271patent.blogspot.com /2005/11/is-osdl-trying-to-create-bountyquest.html (836 words)

	MultiReg.com
		The EFF said all 10 patents are in some way illegitimate and are being used to limit free expression, reports Wired.com.
		Another patent "evil-doer" is Test.com, which has been threatening universities that offer distance-learning programs, claiming that the universities have infringed its patent on a method for taking and scoring tests online.
		"Patents are meant to protect companies against giant competitors, not to help them prey on folks who can barely afford a lawyer," said EFF Staff Attorney Jason Schultz, who leads the Patent Busting Project.
	multireg.com /print.php?sid=482&POSTNUKESID=d3fb23165cfaee655e5a9601... (363 words)

	chrishawn's negative blog : Bogus Clear Channel Patent May Be Revoked
		The Clear Channel patent challenge is part of EFF's Patent Busting Project, aimed at combating the chilling effects bad patents have on public and consumer interests.
		The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.
		To characterize the Patent Office's re-examination as an unqualified endorsement of the patent's "illegitimacy" and "bogusness" is a bit irresponsible.
	musicscene.org /blogs/chrishawn/archive/2006/04/07/34695.aspx (456 words)

	On Lisa Rein's Radar: Patent Alert Archives
		The original purpose of patents was to encourage innovation, and thus growth, by creating an incentive for inventors to disclose the details of their inventions in exchange for a limited monopoly on exploitation.
		Often, patent examiners are simply unaware that the plant variety which an enterprising businessman is trying to patent has been used for centuries by a tribal community half a world away.
		Furthermore, the traditional inhibitor on the issuance of patents is the patent office's reliance on "prior art" [the history of innovation in a particular field].
	www.onlisareinsradar.com /archives/patent_alert (5489 words)

	LawMeme - The Patent Busting Project (Site not responding. Last check: 2007-09-10)
		The EFF is starting its The Patent Busting Project, whose stated goal is to prevent the offensive use of illegitimately granted patents.
		[B]ecause patents can be anywhere and everywhere in these technologies, the average user has no way of knowing whether his or her tools are subject to legal threats.
		Patent owners who claim control over these means of community discourse can threaten anyone who uses them, even for personal non-commercial purposes.
	research.yale.edu /lawmeme/modules.php?name=News&file=article&sid=1440 (358 words)

	Other news
		The Electronic Frontier Foundation's Patent Busting Project announced which patents the organization will target first in its campaign to rid the world of frivolous patent infringement lawsuits.
		And every single one of the targeted patents is held by an entity that has threatened or brought lawsuits against small businesses, individuals, or nonprofits.
		Prior art is hard evidence that a patent is "obvious" because it is based on a commonly known idea or because the claimed "invention" actually existed before the patent was filed.
	www.swbusiness.fi /portal/34?id=2012 (305 words)

	Macworld: News: EFF takes aim at 10 key IT patents
		The Electronic Frontier Foundation (EFF) has issued a list of the 10 patents it considers most dangerous to the continuing freedom of use of the Internet and related software.
		The nonprofit consumer organization is including these patents under its Patent-Busting project which began late last week.
		The EFF claims that these patents represent the worst cases where patents that have been issued are clearly too broad, ignore the existence of prior art or are so obvious as to be too trivial for patenting.
	www.macworld.com /news/2004/07/06/eff/index.php?pf=1 (206 words)

	Lenz Blog: EFF Patent Busting Project
		The second is whether the patent holder actually tries to do so.
		To win the crown of most damaging software patent, the ideal candidate would cover a widely used standard and be owned by an aggressive patent litigation company with no own products that can't be held in check by defensive patents.
		Most importantly, the patent-holder must be aggressively enforcing its patent and suing (or threatening to sue) alleged infringers.
	k.lenz.name /LB/archives/000886.html (240 words)

	GrokLaw: Hunting for Prior Art on the Acacia Patent and Other Strategies
		Here is what EFF says about the threat from this patent, from their page on the Acacia patent: "Laughably broad patent would cover everything from online distribution of home movies to scanned documents and MP3s." They are asking for help in bringing down this patent, specifically by searching for prior art.
		You might enjoy reading about one patent that recently foundered on the equitable doctrine of "prosecution laches" [sometimes, as in this document, spelled latches] -- the courts ruled that the inventor waited too long to prosecute (in one case 39 years), so the patents were declared unenforceable.
		Notwithstanding the centralization of patent law development in the Federal Circuit over the past two decades, the governing standards for patentability and patent law jurisprudence generally remain plagued by unpredictability in their application, particularly with respect to patents bearing on new or emerging technologies.
	gl.scofacts.org /gl-20040703041613818.html (1634 words)

	Boycott Amazon.com
		Having acquired the patent, Amazon proceeded to file a lawsuit against its rival, Barnes & Noble, for patent infringement.
		Amazon's patent is a bad patent that should never have been granted.
		On April 20, 2004, the Electronic Frontier Foundation launched its Patent Busting Project, a campaign to overturn several patents that it says are having a chilling effect on public and consumer interest.
	www.clapper.org /boycott-amazon (658 words)

	Technology News: Developer : Patent Office Says Critics Wrong, Complete Review Provided
		At the event, Stallings told reporters that the Patent Office is being inundated with patent applications and it's affecting the ability of examiners to adequately review applications, particularly their ability to review the history, or "prior art," surrounding an invention.
		Although critical of the patent office, IBM is a perennial leader in the number of patents garnered from the agency.
		Patent applicants have an obligation to reveal prior art to the Patent Office, she noted, but that obligation is no substitute for a thorough search.
	www.technewsworld.com /story/developer/42207.html (872 words)

	2005dltr0009 Footnotes (Site not responding. Last check: 2007-09-10)
		See A Patent System, supra note 2, at 95-96, 98 (Patent litigation typically does not occur until seven to ten years after the patent is granted, and might take up to three years to complete.
		For a discussion of the current presumption of validity in patent infringement actions and an argument that the burden of proof should be relaxed from a clear and convincing standard to a preponderance standard, see Janis I, supra note 26.
		As in most cases where a valuable or controversial patent is sold, the public notice by the PTO would likely not be necessary because the potentially affected parties would already know of the sale.
	www.law.duke.edu /dev/journals/dltr/articles/2005dltr0009fn.html (1287 words)

	LinuxElectrons - A New Hope for Patent Reform (Site not responding. Last check: 2007-09-10)
		Currently, courts uphold patent claims unless they are deemed too ambiguous, and the courts interpret vague claim terms as broadly as possible.
		These rules often result in improper patents of uncertain scope and lead to overzealous threat letters and lawsuits brought by patentees that chill innovation and deter beneficial competition.
		Were the appeals court to rule that such vague patent claims are invalid or must be interpreted narrowly, the threatened universities and colleges could defend or dismiss these lawsuits with far greater ease.
	www.linuxelectrons.com /article.php/20040920164124639 (359 words)

	PalmInfocenter.com - Print Story (6944) (Site not responding. Last check: 2007-09-10)
		All the most-wanted patents are dangerously overbroad; many pose a threat to freedom of expression online.
		The US Patent (6,672,963), effectively makes any unauthorized Nintendo emulator illegal in the United States and threatens any reverse engineering of videogames to promote interoperability and emulation by hobbyists.
		The company has used claims under this patent threatening Palm OS developers Crimson Fire Entertainment and Gambit Studios with their patent on emulation of handheld games on low-power portable devices.
	www.palminfocenter.com /print.asp?ID=6944 (340 words)

	EffSwpat04En: FFII Wiki (Site not responding. Last check: 2007-09-10)
		For instance, patents are often a good source for documenting the history of innovation in a field or to help teach others how to perform a particular technique.
		Also, each patents can eventually fall into the hands of somebody who wants (or has) to use it, as we've seen in numerious examples, even if the original patent holder only wanted to use it defensively.
		Patents are dangerous, even if they are unloaded in the cupboard, and you can only get safe of them in the software field by changing the laws to not hand them out anymore (this is secondary, actually) and change the environment for the others so that they can't shoot anymore (which is the primary action).
	wiki.ffii.org /EffSwpat04En (806 words)

	boycott-riaa.com - Article: The Patent Busting Project
		Also patents should be checked and double checked against other existing patents internationally and only be allowed once verified as a unique and WORKABLE patent.
		First a patent has to be researched by a Patent attorney after you submit your idea with at least a set of plans and a description of operation to go with it (cost start at $450.00 and up to several thousand just for the search).
		The major point that a patent has verses a copyright is it will run out in a reasonable amount of time and become public domain.
	www.boycott-riaa.com /article/11637 (462 words)

	TVTechnology - Net Soup
		There's a trend, the group found, of patent holders threatening and filing lawsuits against small businesses, individuals and nonprofits over claimed patent violations in their use of the Internet.
		Nintendo has a patent (No. 6,672,963) for emulating its old video games, something the EFF said used to be allowable under the fair-use doctrine.
		Phil Mann, a Seattle patent attorney with 21 years of experience, told "Wired News" that the re-examination process is designed to give the public a method to oppose patents.
	www.tvtechnology.com /features/Net-soup/f_EFF_launches_Patent.shtml (1025 words)

	Planet GameCube News Article: EFF Challenging Nintendo Emulation Patent (Site not responding. Last check: 2007-09-10)
		The Electronic Frontier Foundation is launching what it calls the Patent Busting Project, a campaign to recall patents awarded to large companies that are detrimental to the well-being of public domain.
		The EFF is claiming that the Nintendo patent is making it unfair for smaller companies to take advantage of something that was supposedly allowable under the fair-use doctrine, which in this case is technology used to emulate game hardware.
		The EFF is trying to round up evidence to bring to court in order to invalidate Nintendo's patent, as well as the nine other patents in their list.
	www.planetgamecube.com /news.cfm?action=item&id=5409 (391 words)

	Wired News: EFF Publishes Patent Hit List (Site not responding. Last check: 2007-09-10)
		The EFF said all 10 patents are in some way illegitimate and are being used to limit free expression.
		As part of its Patent Busting Project, the EFF in mid-June began soliciting the public for submissions of patents that were both potentially invalid and used to stifle online innovation.
		Acacia Technologies' digital media transmission patent, which the company defines as covering "the transmission and receipt of digital content via the Internet, cable, satellite and other means." The EFF is worried that Acacia, which has already sued several large communications companies, is unfairly targeting small audio- and video-streaming websites.
	www.wired.com /news/politics/0,1283,64038,00.html (742 words)

	LawMeme - EU Thinking About Software Patents (Site not responding. Last check: 2007-09-10)
		Though the EU once explicitly excluded software patents, current regulations are more ambiguous and many patents have already been issued.
		On Thursday, the EU is considering changes to a more American style patenting system.
		In the US, software methods have been patented broadly; for more abusive examples see the EFF Patent Busting Project.
	research.yale.edu /lawmeme/modules.php?name=News&file=article&sid=1506 (141 words)

	CorpWatch : US: EFF Challenges Clear Channel Recording Patent
		The patent - for a system and method of creating digital recordings of live performances - locks musical acts into using Clear Channel technology and blocks innovations by others.
		The EFF, in conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm and with the help of students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law, wants the patent office to revoke the patent based on this and other extensive evidence.
		Illegitimate patents currently in effect could prevent you from building a hobbyist website or even streaming a wedding video to your friends.
	www.corpwatch.org /article.php?id=13273 (496 words)

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