Microsoft Getting Sued by a Doctor over the Zune.

Robert_Whited

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That is right. Microsoft is now in a patent battle with a doctor from Rockford, Ill. It all stems around the "Buy from FM" option. Will Microsoft fight of flight on this one.

"THIS IS ALL POSSIBLE AND PATENTED ... SO IPOD and Google CAN'T DO IT, but Microsoft can, if you take the time to talk to me," Yavitz's letter said, according to the filing
 
From what I can tell, he just patents vague ideas (he has 36 patents) that don't have a product or service to back them up. This will probably be in Microsofts favor.
 
I would give it to the guy if he actually had developed a piece of software that could listen to a song and identify it but if he just patented an idea with no actual technology behind it then he should be denied anything.
 
450 and Djoye, you took the words right outta my mouth. I'm really getting tired of all these patents of ideas that are conceptually obvious, but require a lot of R&D to implement.

I always go back to the company that owns the patent on "buy it now." I don't know if they won that battle with eBay, but the idea that pushing a button to buy an item may have been innovative when the first vending machine was put out, but it hasn't been in my lifetime....and neither is the idea that an auction can end early if one is willing to pay a preset price.
 
i thought you can't patent ideas, how would he have gotten the patents at all if they were just ideas that he threw to the patent office?

he has to have implemented it somehow.
 
rockford has over a 20% unemployment rate right now. i know because i live there. while yavitz (if its the eyedoctor guy) is probably doing fine on cash, pretty much everyone in this town is a miserable greedy thug. not that ed is one, he may or may not be... im just sayin.
 
This is both a tiresome and troublesome epidemic. One more person looking to make a fast buck off of the backs of the engineers that actually implement ideas. How can simply having an idea without working towards a viable product be grounds for a patent and therefore litigious? Having a great idea and making a great idea work are two very different things.
 
I would give it to the guy if he actually had developed a piece of software that could listen to a song and identify it but if he just patented an idea with no actual technology behind it then he should be denied anything.

You just described probably have the IP in new patents. I suppose I agree with you however.
 
I have a new patent idea. Whenever you watch a TV advertisement of something you want to buy, you just scan your credit card in the TV's scanner and it will ship the product to your home's front door. No hassle. Even works in public places!

And for a bonus patent, there will be tubes to your house that will shoot the product to your home through air propulsion (like the banks).

Then I can sue anyone who uses the technology.



Actually, probably already troll patents on a tube delivery system. Silly people.
 
rockford has over a 20% unemployment rate right now. i know because i live there. while yavitz (if its the eyedoctor guy) is probably doing fine on cash, pretty much everyone in this town is a miserable greedy thug. not that ed is one, he may or may not be... im just sayin.

Rockford == butt crack of America.
 
LOL you can't patent an action. You can only patent the process used to accomplish this action. Since this doctor never had a process because he never actual built anything, he can piss up a rope.

He has a patent on one process. He doesn't have a patent on the act. Since he has no idea how MS is doing it, How can he even sue? Because he hopes MS will shoot out a payment instead of going to court. Honestly, if I where MS, I would pay as much as it takes for this guy to hear a judge say he is a moron.

Someone needs to cleverly word a patent app for the process of patent approval. One that describes the process of patent approval. Then, you can sue the crap out of the patent office for infringement.

I will patent the process of human waste removal while standing. In this process you may use either the right or left hand, but you must never shake more than three times.:D I call it Baller Blasting. You can see a demonstration of this process behind most bars around 12:45 A.M.
 
The guy basically did a patent that says - "Wouldn't it be cool if you heard a song on the radio and could buy it without even knowing what it is? If anybody figures out a way to do that remember it was my idea."

I should go patent - 'A vehicle that is also capable of flight.' then just sit back and wait it out for flying cars. Then BAM the whole auto industry would be infringing on my patent - you know, whenever they figure out how to actually do it.
 
The guy basically did a patent that says - "Wouldn't it be cool if you heard a song on the radio and could buy it without even knowing what it is? If anybody figures out a way to do that remember it was my idea."

I should go patent - 'A vehicle that is also capable of flight.' then just sit back and wait it out for flying cars. Then BAM the whole auto industry would be infringing on my patent - you know, whenever they figure out how to actually do it.

already been done to some point. so your too late.
 
you don't have to invest in R/D to prove the idea is yours. if this guy patented before MS started working on this, it's his idea. deal with it. in all likelyhood, this guy's idea is probably similar, but not the same, so it will be thrown out

for all of you who think you don't deserve the rights to an innovative idea because you don't have the financial funding to actually build it... thats foolish
 
you don't have to invest in R/D to prove the idea is yours. if this guy patented before MS started working on this, it's his idea. deal with it. in all likelyhood, this guy's idea is probably similar, but not the same, so it will be thrown out

for all of you who think you don't deserve the rights to an innovative idea because you don't have the financial funding to actually build it... thats foolish


Well, he has the money and the idea, but not the know how of how to do it; ie, not a programmer. I too can come up with all sorts of new ideas for software, but I am not a programmer so I would not even know where to start on getting my idea to work.
 
It kind of looks like this guy just patents his obvious ideas (obvious ones like tagging songs played on FM radio to buy - this patent should never have been awarded. it is obvious, to anyone whom works "in the art," would think of somthing like that) so he can get rich when he sues other companies when they finally commercialize it.

This goes against the whole premise of the patent system. If you create and own a patent, you should make some effort to make good of it. Don't sit on and wait until you see a lawsuit possiblity. Develop a product or at least activly assit to help another company to integrate it into their product and they can liscence it from you.

And shooting off a couple emails to Microsoft telling them about your patent 4 years ago so they can liscense it from you IS NOT ENOUGH. You need to put more then 10 minutes effort into it.

I admit i'm making this judgement without reading much into it, but that's my intuition. Just want to share my opinions on the patent system. I am bothered some comments on "it's his patent, deal with it." that's totally not moral at all and not what the patent system is about.
 
Well, he has the money and the idea, but not the know how of how to do it; ie, not a programmer. I too can come up with all sorts of new ideas for software, but I am not a programmer so I would not even know where to start on getting my idea to work.

You don't need to be a programmer, hardware developer or any of these things. If you had the know how, the time to create such a patent, then you SHOULD have some sort of connection with the industry. Even if not, then all it takes is a brain and the ability to make phone calls, manage other people, share your idea.

That is, unless you created the patent with the sole purpose to sit on it and "if I can't have it, noone can." Or to sue as soon as someone else does the work you didn't do.
 
This is both a tiresome and troublesome epidemic. One more person looking to make a fast buck off of the backs of the engineers that actually implement ideas. How can simply having an idea without working towards a viable product be grounds for a patent and therefore litigious? Having a great idea and making a great idea work are two very different things.

I agree. What can we do about this flawed sytem? Punish those who abuse it? How to deter? Change the system all together? Just some thoughts.
 
...

I should go patent - 'A vehicle that is also capable of flight.' then just sit back and wait it out for flying cars. Then BAM the whole auto industry would be infringing on my patent - you know, whenever they figure out how to actually do it.

lol if you could sell that to the patent office, once you got it turn around and sue the airplane industry... A vehicle that is also capable of flight aka a airframe.
 
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