josaka

16 ms·

61.
by josaka 9y ago
I think the SEC's position is that, for purposes of securities law, some cryptocurrencies are securities and some are potentially not. Presumably, it'll turn on the Howey test noted in this thread. Whether it counts as a securit
62.
by josaka 9y ago
Maybe a better example would be a concert ticket, beanie babies, or baseball cards.
63.
by josaka 9y ago
This seems like an important distinction, i.e., between an ownership token and a "voucher token," assuming the latter is a token that gives the holder the right to some service. Curious how a groupon isn't a security if a vo
64.
by josaka 9y ago
In theory yes, but it's less effective than filing a patent app, letting it publish, and then abandoning. Patent examiners tend to spend more time searching patent prior art because the prior art disclosures tend to be kitchen-sink ex
65.
by josaka 9y ago
This argument by in the article is silly. One of the founders of Blackbird came from Kirkland. Kirkland's profit per partner is $4m per year in the last year. So the Blackbird lawyer is forgoing the opporunity to participate in this
66.
by josaka 9y ago
According to last year's stats, the tradeoff between Delaware and EDTX is that the patentee has a slightly lower chance of winning in Delaware (40%) than EDTX (54%), but when they do win, they get almost twice as much in damages ($17m
67.
by josaka 9y ago
Came here to say this, and I wish more non-lawyers understood how to read a patent. The scope of coverage is not the title. The scope of coverage is not the drawings. It's the claims. If folks want to explain why this shouldn't
68.
by josaka 9y ago
This phenomenon, where the need to license a patent is driven primarily by the need to comply with standard, rather than the advantages of the invention relative to alternatives, is accounted for in recent changes in the law of patent damag
69.
by josaka 9y ago
>that transformation makes software patentable This isn't true in many cases after the Supreme Court decision Alice v. CLS Bank in 2014. Now we have a rule more like that in Europe, where some software is patent-eligible if it'
70.
by josaka 9y ago
Not necessarily. You could patent an improved engine. 19 years later, I could patent an improved alloy that someone might use in your engine. Your patent expires in year 20, but they still infringe if they make your engine with my alloy
71.
by josaka 9y ago
>it's fundamentally impossible to know that a thing is unencumbered One noteworthy exception, which plays a much bigger role in slower-moving industries, is that an exact copy of something sold over more time than the pendency of an
72.
by josaka 10y ago
It's worth noting that tying agreements are no longer per se illegal in all cases. Courts have recognized procompetitive benefits in some cases. Now it's only under certain conditions. http://www.americanbar.org/
73.
by josaka 10y ago
This is still true under the default filing workflow. But the USPTO has mitigated problem with a new program that lets you pay a few thousand dollars and have your case examined w/in a year. Allowances within six months are not impos
74.
by josaka 10y ago
>>>if you are going to troll Amazon ... Probably consistent with what you said, but just to clarify, I think the AWS license also applies to suits against AWS customers. The license states "...you will not assert... against u
75.
by josaka 10y ago
Yes. But it was killed before Alice.
76.
by josaka 10y ago
Alice didn't invalidate software patents wholesale, but it seems like it killed a lot of the more objectionable ones and collapsed settlement values early in cases.
77.
by josaka 10y ago
To a first approximation, design patents confer the right to stop others from making/using/selling things that look too much like what is in the picture of the patent and not enough like what existed before the patent. How it fun
78.
by josaka 10y ago
Audio from oral arguments provides a nice summary of some of the concerns that drove this decision: https://www.oyez.org/cases/2016/15-777
79.
by josaka 10y ago
This issued as US patent 9,386,790, so it's not just an application. Most can keep fasting intermittently without infringing at least claim 1, typically the broadest claim. If you don't have (and know you have) "pancreatic b
80.
by josaka 10y ago
It's tough to evaluate the usefulness of the 80% claim without a baseline. If a simple heuristic of "plaintiff wins" is correct 85% of the time, the model isn't that impressive. In the long run, such a model would likel
81.
by josaka 10y ago
To some extent, it has happened. Alice vs. CLS Bank killed a lot of software related patents. And post-grant administrative proceedings at the USPTO are killing patents at around an 85% rate for 1/10 the cost of a district court liti
82.
by josaka 10y ago
RPX does something like this: https://www.rpxcorp.com/
83.
by josaka 10y ago
This may change as the plaintiff's bar gets more sophisticated. Many probably remember the Home Depot data breach a few years ago. The card issuers brought a class action against HD and the complaint (under MDL No. 14-02583-TWT) read
84.
by josaka 10y ago
Joint defense groups are great for saving money on these things. Having been in several, I've noticed a few areas to navigate carefully. It's worth making sure that everyone is comfortable with the strategy. Assuming the group tr
85.
by josaka 10y ago
Federal Acquisition Regulations govern the allocation of IP arising from many gov. funded activities. For the DOE, I believe the default is that the rights are assigned to the government, with a right to practice being retained by the reci
86.
by josaka 10y ago
FWIW, looks like the US version is only an application (meaning that a patent might not issue).
87.
by josaka 10y ago
"[P]atents are being used to effectively block progress in certain areas for years (because many researchers can't or won't pay license costs." This is mitigated to some extent by the research exception: https:/&#
88.
by josaka 10y ago
The patent in the video is US 6857067. Claims 1, 20, 22, 30, 31, 67, 107, and 108 were invalidated by the Patent Office in an administrative proceeding, but claims 21 and 22 survived that particular challenge. See IPR2013-00391, Final Dec
89.
by josaka 10y ago
Yep. RPX: https://www.rpxcorp.com/ .
90.
by josaka 11y ago
One practical reality of this rule would be that only wealthy inventors could secure effective IP rights. A patent without the ability to finance a lawsuit (about $2 million, min) is an empty threat, and sophisticated parties know this and

More ›