Intel Sued for Patent Infringement 263
mfh writes "All Computers Inc. has filed suit against Intel for infringing on US Patent (5,506,981). Apparently Intel utilized patent-conflicting circuitry to determine the frequency of the input signal to the microprocessor, including Pentium processors. All Computers is asking for the tidy sum of $500 million USD."
Another Lawyer money maker (Score:5, Informative)
Re:Another Lawyer money maker (Score:4, Informative)
From they phrasing, they originally designed this circuit for use in "daughterboards" that let you put a fast CPU onto a slow motherboard, which was common back around the 486 days.
Re:Another Lawyer money maker (Score:3, Interesting)
Intel processors do not use this frequency, they use 33 MHz.
So what is the point of all this?
When Intel are violating this patent, they at most are violating some of the claims but not all of them.
Isn't that required for it to be a patent violation?
Violation of some claims is sufficient... (Score:5, Informative)
4Mhz is mentioned further down as a more specific implemention of this general claim [in (4)].
Re:Violation of some claims is sufficient... (Score:2)
That was my understanding, at least.
Re:Violation of some claims is sufficient... (Score:2)
So *for example* if you invent a method of a frequency multiplier because you need to use one in 4Mhz steps, it is reasonable that your patent would also cover someone using an identical implementation exc
Re:Violation of some claims is sufficient... (Score:4, Interesting)
That does not sound unreasonable. But when that is the case, *why* does the original patent so explicitly specify the frequency to be 4 MHz??
I was amazed when I read that. I would not expect such an implementation detail to be specified in a patent.
It is an interesting invention to have a PLL-driven frequency multiplier as a clock source for a microprocessor (although such a PLL by itself, and its use to multiply a reference frequency by some factor, is of course a pre-existing invention).
The patent does not say anything about the input and output frequency, but it does mention the 4 MHz intermediate.
To me, it seems like an integral part of the claims. Probably one that should not have been included...
Re:Violation of some claims is sufficient... (Score:2)
So presumably, this company actually built a piece of hardware with a 4 Mhz step.
Re:Another Lawyer money maker (Score:2)
Re:Another Lawyer money maker (Score:2)
As for the frequency synthesis/multiplication, this is a well-known technique used by radio engineers probably since 1930-s if not earlier.
I am sure (although too lazy to do the search) that Intel has patents of their own covering frequency multiplicati
Re:Another Lawyer money maker (Score:5, Insightful)
So what you have is alot of "legally aware" a-holes who love to try and push every "business advantage".
They are the other side of capitalism. On one side of capitalism you have inefficient state intervention. On the other you have vested interests who don't want to have to face dynamic markets, they want everything to be wrapped up, safe and secure, for them.
It's funny that the same people outsource, and yet they are afraid to compete on price with other companies. They are the high priests of globalisation, and it's about time they were recognised as anti-capitalist. These people don't believe in the free markets, they are just on whatever bandwagon it takes to make a profit. The minute someone starts doing something more efficiently than they do, they have a huge cry and resort to the law.
That isn't capitalism, that's just greed.
I for one would like to see more economists speaking out against these people as anti-capitalist anti-innovation leeches. We all get to where we are in science because we stand on the shoulders to giants who contributed their work for free to the public domain. Now these leeches make minor alterations and claim they should have a monopoly on the one logical solution to a problem for scores of years. Fuck that.
That's not innnovation and that's not capitalism. That's the logic of daddy's little little lawyer, who got their job through family connections, corruption through fraternities or a degree from one of the "elite" institutions which allows these smacktards to identify each other.
There needs to be a capitalist revolution whereby all these people and their anti-capitalist practices are smashed. Because if you aren't a well meaning socialist and if you aren't a well meaning capitalist, I can only thing of one more catergory: criminal.
Re:Another Lawyer money maker (Score:4, Insightful)
You can view it as greed if you like, but the language of business is money.
That aside, not all lawyers come from rich families or go to Yale because their Dad's a senator. Some are working class schmoes that had to take out $100,00 loans to go to school and end up working in the county DA's office pulling in only $30k (guess how long those loans will take to pay off) because they want to keep the drug dealers off the streets.
Not all lawyers are bad, not even all IP lawyers are. What are your opinions on Lessig and the EFF's law team?
-truth
A legal section on /. (Score:5, Insightful)
Sadly this is true... (Score:2, Redundant)
Software Patents in Europe (Score:4, Interesting)
Result: today, we're just two votes short of blocking the controversial software patent directive.
We're now at a stage were even the smallest European countries [www.lll.lu] can make a difference! If any small country, who so far has voted yes, changes its vote into no or abstain, we can send back the proposal to COREP, and prevent the worst from happening.
Legal Section on /. (Score:5, Informative)
It's NOT called Groklaw (Score:5, Insightful)
What people want is a section like Apache, Apple, Games, etc. for legal items. That way, if the talk of lawyers, lawsuits, etc. nauseates them, they can block that section.
Patents out of hand (Score:2, Insightful)
Hopefully Intel will now see the light and start to throw their weight behind those of us who have seen this all along.
Re:Patents out of hand (Score:3, Interesting)
This isn't new.
it's your method (Score:2)
Now, there are many implementations to determine clock speed, if intel used one that was patented then it was there bad.
This suit is fantastic news (Score:4, Insightful)
It was a real pity BT didn't succeed with it's hyperlink patent suit - the mega-economies would've reformed their patent laws quick smart if BT had succeeded.
Really the more outrageous the suit & the bigger the defendents, the better off we all are in the long run.
Fact is law reform virtually only occures if the big end of town are victims of bad laws.
Re:Patents out of hand (Score:2)
If patent reform goes through, how many Intel patents would be invalidated?
Re:Patents out of hand (Score:2)
Answer: You can't
From the US Patent Office Website: [uspto.gov]
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
The patent that was filed in 1999 is an approved
Overdrive (Score:5, Informative)
That's just from my preliminary reading though.
Re:Overdrive (Score:3, Interesting)
It looks like what they have REALLY patented is the method used to multiply up clock frequencies within a phase locked loop system. I would imagine there is prior art on this one going back 50 years.
If this patent is up-held, I would imagine 75% of all chip designs violate it! This is the same mechanism you use to take a 32Khz clock in and derive 3.
One day nothing will be able to be done (Score:5, Insightful)
And people will wonder why the US falls behind in tech.
Re:One day nothing will be able to be done (Score:4, Interesting)
And people will wonder why the US falls behind in tech.
I see that as what will break the camel's back.
As soon as areas in Asia keep bounding ahead, further and further, and the US is dragged under by constant patent battles (except for the big 2 or 3 megacorps with patents... patents that don't apply in Asia anyway) then something will have to be done. Things will be changed with legislation, or they'll fall apart.
Either way, it can't be kept up indefinitely
Re:One day nothing will be able to be done (Score:2, Insightful)
Well in this industry it doesn't really matter that much. Since the chip industry is already very capital intensive and research into new technologies is kinda expensive, this is one area where patents might actually work well. It doesn't seem to me they are patenting purely ideas (like one would with software) but rather a technology, which took much more time and money than simply the idea, to develop. It is just this kind of application that patents aim to protect.
In any case, the patent is most likely
Hence the WTO (Score:3, Insightful)
One of the big things that is being pushed by the WTO is global acknowledgement of patents. You can guess who that'll benefit, and who that'll screw over.
Re:One day nothing will be able to be done (Score:2, Funny)
But your lawyers are getting better and better every day.
Re:One day nothing will be able to be done (Score:4, Interesting)
Patents aren't totally useless, but they way in which they're being used nowadays is kind of dangerous.
Personally, I think patents should only be issuable to people (individually, or groups), not companies or corporations (even though they have "person" status), and if licenses are offered, they should have to be same for every licensee.
This would still offer the protection and encouragment to independant inventors, which is why the patent system was designed. In fact, it would offer active discouragement to companies to seek patents on their research, as licensing would have to made available on equal terms.
Competition would be increased, as larger companies don't have to worry about lawyers or defensive patents, and would have the legal go ahead to emulate or improve their competitors.
This would also cut down on bogus patents, because, suddenly, all companies who wish to use a tech would have incentive to root out prior art for original ideas. In addition, patent submarining (like the whole JEDEC-RAMBUS fiasco), should be decreased, because the actual submission process for use would constitute prior art!
Re:One day nothing will be able to be done (Score:2)
And how, then, do you propose that expensive research gets funded? Higher taxes I suppose?
Re:One day nothing will be able to be done (Score:2)
Re:One day nothing will be able to be done (Score:3, Informative)
Large companies REQUIRE ownership. (Score:2)
Re:Large companies REQUIRE ownership. (Score:2)
All the large companies I have worked with over the last 30 years require that individuals transfer patent rights to the company as a condition of employment. Even the university here is considering the same. What they don't realize is that the requirement stifles patent applications.
Some corporations give their employees a bonus for each patent issued in their name. IIRC Philips gives their employees $100. Though possibly an additional silver dollar might be involved. Yay.
to continue (Score:2)
Is it really worth it to them? (Score:3, Interesting)
I have always had a problem with patents (not industry specific protections like for pharmaceuticals) because I don't believe ideas and methods should be property. As a Christian I find the idea that humans invent knowledge to be ludicrous and offensive. Copyrights can encourage creativity, patents just encourage people to make a product then rape and pillage their industry.
Re:Is it really worth it to them? (Score:5, Interesting)
Patents are one of the few ways new, little companies and inventors can get into the market. Without them the only entities that would ever make money are the established players. Patent abuse and a broken patent system, by themselves, don't make patents in general a bad thing.
As a Christian I find the idea that humans invent knowledge to be ludicrous and offensive.
People finding things ludicrous without non-religous justification, or offensive for non-sexual reasons don't typically change policy.
Patents are design a pro-big business measure (Score:2)
Does it benefit society to allow people to restrict who can build on their ideas? This patent is most likely based on an idea that was the base of one In
Re:Patents are design a pro-big business measure (Score:4, Insightful)
If you add "for a limited time" to your question, then yes, it does. It gives a reason for people to create and, more importantly, to publish. If there is a fear the effort put into creation will come to nothing but the financial enrichment of somebody else better able to exploit an idea, the idea may never be published, but kept secret. Don't forget that patents contain (or are supposed to anyway) full documentation of how to reproduce an invention, and that document becomes public domain at the end of the term. Would people publish their ideas as frequently if it weren't for patents?
Please don't take my comments as a defence of the current US patent system, but of the patent concept in general. It's a good idea, but a flawed implementation. If I were to change it, along with improving the review process I'd try to work in compulsory licenses and shorter terms...
Re:Is it really worth it to them? (Score:4, Insightful)
First, as I read in a comment a few days ago, if the little guy has a patent on something, then most probably the big guy has several patents on things which the little guy uses. Cross licensing comes into effect, so the big guy is the winner here.
Second, this little guy vs. big guy is only happening because the entry to the market is not free. And it is not free because patents and other IP laws restrict entry to the market. Without them entry to the market would be much easier, so there would be much more firms on the market competing with each other than now.
Third, patents create a kind of slavery. You have an idea, you patent it, then tell about it to somebody. However, that somebody cannot use your idea because it is patented. It can be said that person thoughts is owned by you. We can call this situation 'Metal Slavery'.
Re:Is it really worth it to them? (Score:2)
Yes, we need some level of protection. The problem is patents, at least as they are now, are not the solution at all. Especially if you look at how lo
Re:Is it really worth it to them? (Score:2)
I agree (Score:4, Insightful)
I agree with both of these sentiments. The universe has existed far longer than humanity, and therefore it is totally impossible for us to invent anything beyond method, and all methods are available to us since the dawn of time. While I may be Christian, I am a science-based one; ie: the Bible is a good reference for parable and theories for understanding, and I believe that is the purpose of the tome.
That said, the patents seem to go against the scientific flow of time, by blocking inventions that build on the history of human science and discovery.
Why we have to reinvent the wheel every time we want to build a useful product or service is why we are evolving slower than we could. Darwin said that impediments in evolution, or road blocks, must be removed for a species to adapt and overcome. Are we going to adapt? To me, patents infringe on life and our chances of survival as a species.
Nah (Score:2)
Why should you have to pay for a wheel? Imagine if everyone alive contributed to the decendants of the guy who first invented the wheel! Every car on the road would cost that much more, for example. That cost is prohibitive to our progress.
Information and design methods should be free from patent restrictions. Supply and demand always sort themselves out. For example, if you took all the patents away, customer service would
Re:Nah (Score:2)
You seem to be forgetting the part where patents are secured "for a limited time". I suspect that the wheel has been around long enough for the patent to have expired.
I think that the real problme with patents is not that they are granted for inane things (although that is a problem), but that govern independent discoveries that just happen to be similar. It's on ething
Re:Is it really worth it to them? (Score:2)
One of the big problems is that patents l
Re:Is it really worth it to them? (Score:2)
You are welcome to your opinion.
If you want to change the global state of society to concur with your opinions:
(a) have a majority elected to parliament;
(b) go off and find/form your own state;
Good luck.
By the way, under the correct system: ideas are not patentable per se, but certainly methods are.
Re:Is it really worth it to them? (Score:2)
This [winnetmag.com] Eolas victory? Looks like it is still very much a live issue.
Holy extortion, batperson! (Score:5, Interesting)
So either these guys are gonna be the SCO of the semi-conductor world, or their crack is pretty good.
Re:Holy extortion, batperson! (Score:2)
I don't see how you find this to be an either/or situation. Doesn't being the SCO of anything by definition mean your crack is good and your smoking lots of it?
You have to ask the questions: (Score:2, Interesting)
This is a case of either:
Re:You have to ask the questions: (Score:2)
This might be good (Score:5, Interesting)
If it Was (Score:2)
Enough's enough already (Score:2, Insightful)
Re:Enough's enough already (Score:2, Interesting)
But now that so many patents are granted where the major expense is the patent application itself, the whole point of the exercise is to assemble a huge portfolio so that no one in the world can do anything without infringing on one of them. Then none of your comp
Anti-Counterfeiting Tech or Power Management? (Score:2, Interesting)
What's Intel using the allegedly patented tech for?
In Related News...... (Score:4, Interesting)
Re:In Related News...... (Score:5, Informative)
Re:In Related News...... (Score:2)
Europe (Score:5, Funny)
UK MEP voting records (Score:2)
It's on the FFII UK web site:
http://www.ffii.org.uk/analysis_uk.html
With the European elections coming up. It's a good time to have a word with your MEP. It might also be worth asking them why they exist at all if the council of ministers can ride roughshod over the will of the parliament.
You never know, it might sting them into action on the upcoming vote or replace them with MEPs who *will* vote the w
Coming on the heels of Integraph (Score:5, Informative)
I imagine that the success that Integraph has obtained, which was after a very long, drawn out battle that took years, has given this company the idea that they can indeed win a suit against Intel, and given the precedent of the Integraph case, far quicker than Integraph.
The American Dream (TM) (Score:5, Funny)
Step 2: Wait a few years for people to adopt it
Step 3: ???
Step 4: Profit!!
I'm waiting to sue for my patent "eating food whilst surfing the internet". I'm gonna be rich beyond my wildest dreams!
Re:The American Dream (TM) (Score:2, Funny)
Step 2: Wait a few years for people to adopt it
Step 3: ???
Step 4: Profit!!
You do realise that I patented this "Step 1... Step x: Profit!" formula years ago, don't you?
Any day now I'm going to announce my patent licensing scheme to the world and Slashdot, crippled by the potential fees, is going to capitulate and become my biatch.
So, say goodbye to the reign of Taco and hello to the reign of WIAK! The King is dead: long live the King!
Re:The American Dream (TM) (Score:2)
I've patented "A method for extracting money from others for perceived civil wrongdoing" (colloquially known as 'sueing'). So I'll see you in court.
Good with that, because I've patented "Defending yourself from a method for extracting money from others for perceived civil wrongdoing" as well.
lawsuits, the new IT business model. (Score:2)
After a quick read (Score:5, Interesting)
This vaugly could be anything including having a clock multiplier on the CPU (Look out AMD, Cyrix, Transmeta, VIA, HP, IBM, Apple, anyone else!) however as it was only filed in '93 I think intel can claim prior art with this, given the 80486 DX2/4 used frequency multipliers
That aside, its now friday afternoon and its time to clock watch to 5pm!
Re:After a quick read (Score:2)
Ratboy.
Bell Labs (Score:5, Interesting)
He said that Bell labs actully had to wait several years for a patent on the idea of an Field Effect Transistor (FET) to expire before trying to create their own. However, it was while they were trying to create the FET that the BJT was mistakenly invented.
Just through it was an interesting story about the effects that pattents have on society.. Can you imagine where the computer world might be if we'd gotten the transistor 5 years earlier or even more? It's an exciting thing to think about, and raises questions about patents.. Perhaps we could have cured cancer with that extra computing power.. Maybe we could have cured AIDs.. Or maybe our video games would be that much cooler
Re:Bell Labs (Score:3, Insightful)
Uh... Bell had to wait for the patent on one kind of transistor (the FET) to expire before they could (inadvertently) invent another kind of transistor (the BJT). Given that the transistor apparently already existed (since it was patented) there was no "5 year wait for the transistor" before we could have a computer. Perhaps there was a "5 year wait for the royalty-free transistor", but that would
Re:Bell Labs (Score:2)
And Bell labs were quite free to play with that idea, and then to pay royalties on any products that they developed based on that idea. Who knows, maybe the patent would have expired by the time they actually managed to develop a real product. Then we would have had the transistor 5 years eailer than we did and would have achieved Nirvana by now.
What I meant to imply, is that researchers use *gasp* computers to aid them. Perhaps having dev
Re:Bell Labs (Score:2, Informative)
Patent text (Score:3)
Patent Pending (Score:3, Interesting)
Not Even Close!! (Score:5, Insightful)
From reading the patent, It appears to Me that this patent was on a method of installing CPU upgrades to a computer. For example those cards that took a 386 to a 486 or allowed you to exchange the CPU for a faster one and increase the clock speed. These types of cards are about useless anymore! Besides, this patent was applied for in 1993 - I am VERY sure there is prior art. I can remember these types of upgrades as early as 1986. Hell, NEC was offering upgrades as early as 1981, albeit not this type, but it DID upgrade the CPU and increase the clock speed. It was that old V20 CPU and a clock crystal to upgrade your 8088 PC and increase the clock from 4.77mhz to 8mhz. (Hmm.... I* wonder who else on here actually used one of those besides Me?)
It'll be interesting to see how this playes out, but seems to me that this is a poor attempt by a company that has no market anymore to get a few quick bucks. --- Hey, I wonder if any SCO people are thier relatives ?!?
Where do these guys buy pants? (Score:3, Funny)
I just cant wait (Score:2, Funny)
"Welcome to Earth"
"Nice one. Thanks, really." [Whispers to adjacent green blob, "OK, stand down the megadeath lasers"].
"So, what can we people of America.. whoops, 'Earth' do for you?" [90% of the human race watching the historical event squirms with disgust]
"Well, it appears that you chaps have been exploiting the process known to you as 'respiration'. I'm afraid we patented this approximately 7 billion years ago. Yo
Wow! (Score:4, Insightful)
The USPTO basically allowed someone to patent the synchronous computer. Read the text of the patent, it reads like a 7th graders description of how a PC works.
Re:Wow! (Score:2)
Kinda pointless now (Score:2)
These guys are sure taking their sweet time calling Intel on it......
In other news, Commodore has been making accelerator boards for the Amigas way before PC's - you were able to override the stock 68000 processor with a 68020 or 68030, or if you're l33t, a 68040 *gasp*.. The upgrade always came on a circuit board the size of a large video card.
RTF Patent! (Score:2)
Re:RTF Patent! (Score:2)
If I weer Intel,
Prior Art (Score:2)
Can anyone els
New Technology and Prior Art (Score:2, Interesting)
Does the Patent Office have a process for filing an invention as Prior Art, so that a company that invents something and wishes it to be public domain can prevent it from being taken and patented by someone else? It seems to me that if a company wished to create things so it could allow them to benefit society as a whole, there would have to be some way to protect that item from patent without having to patent it yourself.
Re:New Technology and Prior Art (Score:2)
In fact the US system is very wrong, as has been said on /. before, because someo
This method is older than computers. (Score:2)
Patents vs profit? (Score:2)
Sure, if a company X uses my technology I should be able to put forth an initial lawsuit to either block the usage or seek royalties. What I should not be able to do, is hold my patent cards close to my hand whilst waiting for anothers' product to make a big profit, then try to capitalize on their profit by suein
The solution to the current patent nightmare (Score:2)
Keep in mind that patents are government-sanctioned monopolies given in return for the advancement of the arts and sciences.
1) Any idea which is implemented by anyone else before
A) You implement it, or
B) It is published/awarded a patent
is not patentable. Obviously, it is not novel and/or you are not the one advancing the arts and sciences. You don't deserve a patent.
2) In order to enforce a pat
Where is the inventive step? (Score:2)
They have worded the patent very badly, so that it clearly applies only to a plug-in accelerator. Intel don't make these! Also, it looks to me as if it is easily worked around by soldering the processor in, instea
Re:FUCK YOU AMERICA (Score:3, Funny)
are you sick of irony too?
Re:FUCK YOU AMERICA (Score:5, Funny)
IN SOVIET RUSSIA, America fucks YOU!
Yakov Smirnov is a genius. I love this country! Thank you.
Re:And where were you when this all happened? (Score:2, Funny)
Re:FUCK YOU AMERICA (Score:2, Interesting)
anyway, while I doubt anyone has tried to correlate IQ with political affiliation, the FACT of the matter is that Republicans are more educated [uark.edu] than Democrats (as a group). Of course one can argue that education != intelligence, but lacking any IQ data, this is what
Re:Lets add this up (Score:3, Interesting)
I've got a bunch of patents (through the company I work for) in the semi-conductor industry and had to defend one once. The violation was caught early, a licensing off
Re:Lets add this up (Score:2)
Re:Lets add this up (Score:2)
If they had used intel years ago, that would mean $1 loss per proc to intel.
Now however, it means having to pull $500 mil out of their pocket.
To Intel, i'm sure the finance guys would have wanted the $1 loss per chip rather than $500 mil.
They probably just figured this out and that is why they are suing.
-Grump.
Re:So where exactly IS All Computer's?? (Score:2)
Mers Kutt
Taught Computer Science *before* there was such a thing -- Math professor at Queens.
Created the first "personal computer" -- the MCM/70 in 1971. Ran APL, so not very popular among the home set.
Created the first circuit to add memory management and virtual memory for 8086 based PCs.
Won "Upgrade Product of the Year" from Ziff-Davis for the ALL/Chargecard.
Made CPU upgrades for older PCs (286, 386 to 486).
Pretty well done now (I don't think Mers will actually "retire" though).