Comment by joshspankit

6 years ago

Apple set up colocated servers across the world and changed the Facetime protocol significantly to work around a single patent (a patent for direct device to device communication of all things).

I can’t imagine a patent dispute actually stopping them if they were firm on making FT an open standard.

I come from a land where patents don’t really work. I often wonder, are there any examples of patents in the field of software engineering that worked like they supposed to, protecting small collectives from powerful corporations?

  • Many of the troll cases actually do trace back to a small time inventor, very often a failed small startup. They then sell their patents to various intermediaries which winds up in the hands of a ‘troll.’ So the original inventor does get paid, even if it’s an NPE doing the actual litigation against the big companies. The reason these trolls are so abhorrent is that they seek to maximize their economic value in the patent by trying to extend it as far as they can go, which gives them a bad reputation, but they play an important role in the system which can reward small time inventors. Big companies don’t really buy patents from small inventors any more, so the only route to monetization for an invention is through NPEs.

    • I would also not be surprised if they paid the inventors as little as they can get away with and ended up with more “income” than they pass along.

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  • As someone who pays attention but does not proactively search out patent litigation information most of the time, I would say it’s rare. The most benefit I see for smaller collectives is:

    - Patenting an idea that’s core to their business. Doesn’t really prevent immediate attacks from clones, but it does make it much easier for them to get funding from VCs. - Inventors who license the ideas: they patent, then contact manufacturers.

    Note: These are not really software-specific as I’m not aware of any software cases where patents benefit smaller businesses.

  • I think you meant patents, unless your country is strangely unproductive and/or critically in danger of dying out ;)

A lawsuit that they paid out $400 million for, even after rearchitecting how FaceTime worked to avoid the patent?

  • Speculation, but the settlement could be for past damages while the workaround would avoid future damages.