We’re looking for prior art on 100% of the Blackbird Tech patents. If you are interested in helping, take some time to look into those patents where we don’t have anything yet. We’ll update the chart as we review the submissions with additional information about the number we receive, and their quality, to help focus the search. After the initial review, we’ll start to color code the patents (i.e., red/yellow/green) to demonstrate the number and quality of submissions we’ve received on each patent.
The justices sided 8-0 with beverage flavoring company TC Heartland in its legal battle with food and beverage company Kraft Heinz, ruling that patent infringement suits can be filed only in courts located in the jurisdiction where the targeted company is incorporated. Justice Neil Gorsuch did not participate in the decision.
There’s no social value here. There’s no support for a maligned inventor. There’s no competing business or product. There’s no validation of an incentive structure that supports innovation. This is a shakedown where a patent troll, Blackbird Technologies, creates as much nuisance as it can so its attorney-principals can try to grab some cash.
Cloudflare does not intend to play along. As explained later in this blog post, we plan to (i) contest the patent lawsuit vigorously, (ii) fund an award for a crowdsourced search for prior art that can be used to invalidate Blackbird patents, and (iii) ask the relevant bar associations to investigate what we consider to be violations of the rules of professional conduct by Blackbird and its attorneys.
n the end, this isn’t a debate about facts, say Masnick’s lawyers. Both Ayyadurai and Masnick acknowledge that the MAILBOX program was created at MIT in the 1960s and that Ray Tomlinson created the “@” symbol protocol in 1971. The two draw different conclusions, however. Ayyadurai calls the ARPANET creations “command-line protocols for transferring text messages” or “primitive electronic communication systems.” In Masnick’s view, Ayyadurai doesn’t dispute the historical facts, but instead “attacks Techdirt’
Microsoft quotes a report from Boston consulting group which estimates a 22% rise in IP lawsuits relating to cloud products over the last five years in the U.S. alone. It also observes that non-practicing entities have increased their spending on cloud patents by 35% over the same period of time.
If law firms think they may be forced to pay defendants’ enormous legal bills, it could undermine the entire business model of patent trolls.
Patent trolls directly threaten the industry of ideas. They dilute the value of legitimate patents while making honorable companies suspicious of legitimate patent complaints. This was never what patents were all about. They were designed to protect inventors who came up with truly innovative ways of doing things.
“The FTC recognizes that infringement litigation plays an important role in protecting patent rights, and that a robust judicial system promotes respect for the patent laws. Nuisance infringement litigation, however, can tax judicial resources and divert attention away from productive business behavior,” the report states. With this balance in mind, the FTC proposes reforms to:
- Address the imbalances between the cost of litigation discovery for PAE plaintiffs and defendants;
- provide the courts and defendants with more information about the plaintiffs that have filed infringement lawsuits;
- streamline multiple cases brought against defendants on the same theories of infringement; and
- provide sufficient notice of these infringement theories as courts continue to develop heightened pleading requirements for patent cases.
“We just don’t believe Rosewill’s products and customers infringed on valid patent claims,” said Cheng. “Minero’s case does not have merit, and its patent is not only expired but would suck even if it wasn’t expired. Now that they have started the litigation, it would be irresponsible for Newegg to not finish it.”
In this latest round of Newegg vs. the patent trolls, Newegg went against a company that claimed its patent covered SSL and RC4 encryption, a common encryption system used by many retailers and websites. This particular patent troll has gone against over 100 other companies, and brought in $45 million in settlements before going after Newegg. We won. Winning against these trolls has become a national pastime for us.
The ‘504 patent has a priority date of 1996, but as the EFF showed during its challenge to the patent office, that’s hardly the beginning of “episodic content” on the Internet. The EFF relied on two key examples of earlier technology to beat the patent: one was CNN’s “Internet Newsroom,” which patent office judges found fulfilled the key claims of having “(1) episodes; (2) an updated compilation file; and (3) a ‘predetermined URL’ for the compilation file.”