EFF has awarded its coveted Stupid Patent of the Month prize to Microsoft for D554,140, a design patent on a slider widget for a UI.
Microsoft filed the patent for the slider in 2006, and is currently using it to sue Corel, arguing that Corel owes it all profits earned on Corel Home Office, under a doctrine set out in the bizarre Apple v Samsung patent dispute.
Samsung has now asked the Supreme Court to weigh in. In its petition for certiorari, Samsung points out the absurd results of this rule. For example, Samsung explains that under the Federal Circuit’s ruling, “profits on an entire car—or even an eighteen-wheel tractor trailer—must be awarded based on an undetachable infringing cup-holder.” In addition, given that many products will include multiple ornamental features that could be covered by design patents, this raises the possibility that a company could get hit for multiple judgments for all its profits.
That sounds pretty crazy to us. But that’s exactly what might happen if Microsoft prevails against Corel. Putting aside whether Microsoft’s design was actually new and not obvious in 2006 (when Microsoft filed its application), whether Microsoft needed the patent incentive in order to come up with this design, and whether it is even desirable to grant a company a government-backed monopoly on a graphical slider (we don't think so, that's why this is a stupid patent), the scope of damages for design patent infringement has the potential to become a powerful tool to shut down legitimate competition based on the mere threat of a lawsuit.
Stupid Patent of the Month: Microsoft’s Design Patent on a Slider
The only thing worse than driving a car with defective brakes is unknowingly driving a car with defective brakes -- and learning about them the hard way.
After the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, students at MDI High School in Bar Harbor, Maine were scheduled to have a routine lock-down drill, in which students practice how to behave if their school is the site of a similar mass shooting; these drills teach children to sacrifice themselves […]
Labour leader and PM-in-waiting Jeremy Corbyn has promised that when he is Prime Minister, his government will introduce regulations that ban the finance-driven, asset-stripping hostile takeovers of UK companies, in a bid to make finance the "servants of industry not the masters of us all."
Many of us enjoy the aesthetic of vintage electronics, but trying to use most hardware from the 1950’s isn’t necessarily practical. This is especially true where speakers are concerned. While most of us can appreciate the old-school feel of retro speakers, they have a hard time matching the convenience and power delivered by today’s Bluetooth speakers. […]
Python is one of the most popular and versatile programming languages used by developers today, making it an ideal first choice for those looking to kickstart a career in programming. While you could go back to school or sign up for a pricey coding bootcamp, you can learn the essentials of coding with Python at […]
Going back to school isn’t necessarily an option for everyone. Between the time commitments and steep tuition rates, there are obstacles aplenty as far as furthering education is concerned. However, that’s not to say it’s impossible to learn new skills. Excel with Business lets users access thousands of hours of online learning in Microsoft, business, technology, […]