potential home automation patent war looming?

[CFGuy]

A couple of years ago someone wrote up a fancy description of putting a site into frames and having a narrow frame to the left of the page with the navigation buttons for the site. I remember reading a news story about it, but can't remember if it was granted or not.

Pretty crazy.

 

[rocco]

Not sure if they'll do anything about it, but if I were them I would.

I don't think Crestron or anybody else can do anything until they receive a notice of infringement. I believe that they can't challenge the patent unless the patent holder informs them that they may be infringing. If Core-Access doesn't go after anybody, then nobody would have the right to challenge the patent.

Of course, if you don't actively enforce your patents, you will loose the right to.

One thing interesting: The patent was granted in two years and a month. The only time I have had a patent granted that quickly was when we requested for it to be expedited, due to infringement.

 

[electron]

I noticed that as well, I guess they are already on the hunt.

 

[ver0776]

It is my understanding the goal of a patent is to defend on many levels. Getting the pattent with general claims in it is not that big of a deal, much of it may fall away in litigation. So for my pattent, the lawyer described a 3-tier defence. So if we lose on the general high-level, we defend on more detailed points, if we lose on them we try to hang on to the very minute details that seperate us from other patents.

So the large claims are wishfull thinking, the real value in the patent is in those minor details.

The patent offices let all kinda of crazy stuff through, but don't let it scare you, mostly that is the purpose and it would not hold up to litigation. For example, someone could patent all kinda of stuff, but 3 years later, I make a functional prototype, my claim can overturn theirs. There are many complexities...

Here is another resource (I have not used it much, but it is legit in a world of scammers)

I am no expert, I have only been through it once, but that amounted to 5 years of meetings with lawyers...

Vaughn

 

[Dean Roddey]

I don't think Crestron or anybody else can do anything until they receive a notice of infringement. I believe that they can't challenge the patent unless the patent holder informs them that they may be infringing. If Core-Access doesn't go after anybody, then nobody would have the right to challenge the patent.

That would be a crazy system. Anyone who could possibly be sued would spend all their time having to wonder if it will happen. I find it hard to believe that a cleary bogus claim couldn't be preemptorally challenged.

 

[rocco]

That would be a crazy system. Anyone who could possibly be sued would spend all their time having to wonder if it will happen.

I, myself, never worry about it until I get the letter.

You first find out how crazy when you start to write your first patent, and have to learn to write long, run-on sentences with no verbs. And try to do a drawing that shows how colored lights mix when you are not allowed to use color.

18 months later, when you get your first rejection (every patent is rejected at first) and read what you need to do to make it acceptable, you realize that it is crazier than you originally thought, as you remake drawings to remove the perspective, and add paragraphs to explain why an obviously unrelated patent is truly unrelated.

But when you finally charge someone with infringement, and the infringer tries to show why what he has done is different even though it is the same, and the judge takes a year to decide, you start to wonder if, after two hundred years, it might be time to update the system.

Yes, it is a crazy system. And I'm just one of the crazies (but I'm not the one with the peanut-butter and jelly patent) . . .

 

[Dean Roddey]

Sure, I understand how a complex system can become overly complex. I'm not dis'ing the concept of patents and I'm a strong supporter of them (though I own none myself.) But, the problem with not being able to challenge a patent until the holder takes action against you would be an untenable position. That would allow them to basically just save it until it would suit their business purposes. I.e. they wait until you have a big product announcement that is going to hurt them, then a week before, they file suit. Doesn't matter if it gets thrown out. That'll be a year down the road. It just matters that they'll be able to sow FUD about your company and deflate your announcement and draw attention away. They wouldn't even need to persue it, and just cave in at the first hearing or whatever, since it would have served its purpose by then and no need spending any more money on it.

That's something that shouldn't be allowed to happen, IMO. Disagreeing on patents is one thing, but not being able to challenge a claim made against your product is another altogether.