Seagate Accuses Cornice of Patent Infringement 153
dncsky1530 writes "Seagate's recently filed a patent infringement lawsuit in the U.S. District Court for the District of Delaware against Cornice of Longmont, Colo. Now it is seeking an order from the U.S. International Trade Commission to exclude Cornice disk drives and any systems or products using or containing Cornice disc drives from entry into the United States. Seagate asserts that Cornice is infringing on seven of its U.S. patents that relate to several areas of disk drive technology."
if you can't innovate then litigate (Score:5, Interesting)
seems to be the American way of doing buisness thesedays, at what point will we all stand around too frightened to develop anything for fear of being sued by a team of lawyers ?
simply developers will end up forgetting about the US market and concentrate on other countries like China or India, perhaps USA's patent/litigate buisness model is just the beginning of its end
cheers
A>S
Patent Ownership (Score:5, Interesting)
Abuse of patent the system is wrong, but if you have received patent approval, you have the right ( obligation as far as im concerned ) to protect your patent.
If the patent system was totally abolished, then few companies would bother to innovate. Without some protection of having your work stolen ( and future income derived from it ) from you, why bother at all?
Re:Patent Ownership (Score:5, Insightful)
Personally, I do not believe that. Companies would still inovate. They have to otherwise they would die. What would probably not happen is that inovations that require a lot of fundemental research (read expense) would not happen. Nor would companies be in a hurry to share information.
Patents were developed to allow an individual time to develop an idea. Now adays, these have been extended to the point that they are the business. I believe that we should go back to what the framers wanted; A means to allow an individual to develop.
Re:Patent Ownership (Score:2)
Patent on product --> okay
software patents -- urrgh!
Liberal economists reject the patent system at large.
Perhaps what the US needs now is an American FFII.US that wipes the lawyers out...
Re:Patent Ownership (Score:5, Insightful)
Abuse of patent the system is wrong, but if you have received patent approval, you have the right ( obligation as far as im concerned ) to protect your patent."
Obtaining a patent for something that was invented before or is obvious to those skilled in the field, and choosing to sue for infringement of that patent, is itself an abuse of the patent system (regardless of the fact that the system allows such abuse by granting low-quality patents).
They should be sued only if they are violating the patents AND the patents are for legitimate non-obvious inventions. Occurrences of the latter are very uncommon these days.
Bull (Score:1, Troll)
BULL. That is what corporate shills would have you think. Are you pleased to have been taken in by them? Ever heard of trade secrets? Hmmmmmmmmmm?
Patents are EVIL and UNNATURAL. They go against the natural right to use the brain God gave you to create things. They are BRUTISH. I thought of that FIRST, NYAH NYAH. It makes no legal difference whether you copy my patented design, or think of it on your own, indep
Re:Patent Ownership (Score:2)
Without some protection of having your work stolen ( and future income derived from it ) from you, why bother at all?
Reverse engineering from the commercial product is not always so easy as you make it. It's not simply a matter of taking the product off the shelf and having factories pop up like mushrooms.
A company might be confident that reverse engineering would be too expensive for its competitors, or that it would take long enough to make it irrelevant...
It might well be that in a market that ev
Re:Patent Ownership (Score:2)
We forget about the blatent abuse the patent system causes? Not only that, but I should think technology is actually slowed down by the patent system, considering nothing stays new and therefore heavily profitable for more than 2 or 3 years.
Yes, they should have the fruits of their labours. However, when your patents are used to exclude competition because they're so general, then you're not good for society or yourself.
Re:Patent Ownership (Score:2)
The problem is that someone making a modern harddisk and knowing something on how to do things will come up with the same idea. Prior art is something you can prove. But "it's easy for someone skilled in the field" is not.
A patent is an invention that is new (i.e. no prior art), and not obvious to someone skilled in the field. At least that's how dutch and european laws formulate things.
Suppose you're a webshop designer. In your logs you n
Re:if you can't innovate then litigate (Score:5, Insightful)
Re:if you can't innovate then litigate (Score:3, Insightful)
Re:if you can't innovate then litigate (Score:1)
It is kind of like cyber-squatting but different, I call it patent-squatting.
Here is my 4 step guide to patent-squatting Try to think of an idea that could be used by any bi
Re:if you can't innovate then litigate (Score:1)
Oh, that's right: you're a troll.
Re:if you can't innovate then litigate (Score:2)
But did the British inventors hold U.S. patents on the technology? Remember, patents are ntaional in scope -- a U.S. patent can only be used against infringement in the U.S., or by a U.S. company.
"The basic fact of the matter is that innovation happens anyway. It's human nature. Patents just allow it to be controlled and channelled by the establishment. The Big Lie is that patents help or reward the small inventor. Maybe they wou
Western Digital too (Score:5, Informative)
I feel dirty saying that here...
Re: Western Digital too (Score:5, Interesting)
Which happens sometimes here on
I think most of us realize that inane blanket statements like "patents are bad, mmkay?" are useless and silly. In this case, patents are good. Even if some of the patents are teh 3vil "software patents" related to algorithms in the firmware or some such (I don't know, neither the linked info nor Seagate's website give any details.)
Or maybe you were just joking. If so, I apologize for my lack of a sense of humor -- it's early and I was out late
Re: Western Digital too (Score:1)
Maybe he just forgot to take a shower before he posted? *ducks*
MOD DOWN, PLEASE (Score:3, Insightful)
My understanding is Cornice is not infringing. What is going on is that these companies want Cornice to deal with them and give them access to Cornice's Patents (Think SCO vs. IBM. Think MS busy accumulating total BS patents.) These patents make it possible to build inexpensive, low-energy, small disk drives. This post was totally reactionary and does not deserve a 1 let alone a 5.
Re:MOD DOWN, PLEASE (Score:2)
Just curious, where did your understanding come from? All of the news outlets just say Seagate is accusing Cornice of infringing, nothing about other deals.
Maybe this really is a ploy to force Cornice into cross-licensing, maybe not -- but accusing someone of infrigement without having a strong basis for believing there is infringement can be heavily penailzed (and often is) under FRCP Rule 11.
Re:MOD DOWN, PLEASE (Score:2)
Interesting to hear about that penalty.
Re:MOD DOWN, PLEASE (Score:4, Insightful)
Cool, thanks.
"I am guessing that there will be some level of infringment ( 1 line from the patent vs. the whole thing ) and that is allowing their lawyers to take the case to court."
Yeah, that could very well be. You have to have at least a "good faith" belief that there is infringement in order to avoid sanctions.
"Interesting to hear about that penalty."
FYI, here's the relevant section of Rule 11:
"(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.
(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).
(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned."
The scary thing (for attorneys, at least) is that the court can order that the Rule 11 sanctions be paid by the attorney and not allow the company that hired the attorney to indemnify the attorney!
Re:MOD DOWN, PLEASE (Score:2)
We need more laws like that. I am sick and tired of us becoming a country of lawsuits rather than a country that makes things.
Once it becomes expensive to be a lawyer if you try to screw the system, many will opt to be engineers or business ppl again.
Re:MOD DOWN, PLEASE (Score:2)
Actually, this sanction applies to ANY case filed in federal courts -- but it really has only been widely employed in patent litigation cases.
So the law is there, but people aren't using it much...
"Once it becomes expensive to be a lawyer if you try to screw the system, many will opt to be engineers or business ppl again."
Or just be lawyers that DON'T try to screw the system!
You'd probably be suprised at just how many ways there are to get in trouble or lose your license if
Re: Western Digital too (Score:3, Interesting)
Actually, while I suspect I would think suit was justified and proper in this case, I think the patent system as a whole is completely broken and needs a major overhaul and partial replacement.
Given that, it makes me nervous to find myself supporting any litigation involving patents.
Also, they are not thieving, they are violating patents. They aren't taking anything from anyone. They are violating a societal restriction of the natural right to copy ideas that we all have (supposedly) agreed to. That is
Re: Western Digital too (Score:2)
Re: Western Digital too (Score:5, Interesting)
Re: Western Digital too (Score:2, Insightful)
Couldn't this hurt the US? (Score:2, Interesting)
I mean the patent laws are anti-business anyway but when you start blocking products from the country, haven't we moved to an all new level of problems? How will small businesses a
Re:Couldn't this hurt the US? (Score:1)
Re:Couldn't this hurt the US? (Score:5, Informative)
Eh? I guess that's true if your "business" is using the fruits of the research and development of other companies without any permission or compensation. But I'm afraid most business, at least those interested in developing new things, appreciate that they can use patents to help ensure they make some money to pay off that fat R&D bill before everyone else just reverse-engineers a product and puts out a knock-off version for half the price immediately.
How will small businesses and internationals compete against US businesses when all international products are up for review.
The same way they always have -- through innovation, superior products, better service, better prices, etc. You don't have to steal to compete.
Re:Couldn't this hurt the US? (Score:2)
A patent can be used against you if you develop something indepenently. It can be used against you even if there was no real research and development effort to create the invention.
Re:Couldn't this hurt the US? (Score:2)
The word 'steal' is inappropriate in this context. It implies the errnoeous assumption that ideas have owners. Ideas are not property. They do not have owners.
The patent system is a societal restriction on the natural right we all have to copy. We have all (supposedly) agreed to this restriction on our natural freedom in the hopes of achieving certain goals.
Re:Couldn't this hurt the US? (Score:5, Insightful)
Patents exist so whomever bears the R&D cost has some decent chance of profiting before everybody else rushes in and drives down the price. If you allow the patent system to fall, R&D dies with it.
Re:Couldn't this hurt the US? (Score:2, Redundant)
Re:Couldn't this hurt the US? (Score:2)
Re:Couldn't this hurt the US? (Score:2)
Re:Couldn't this hurt the US? (Score:2)
A more interesting question is:
How will US businesses compete when they must adhere to patent laws from which small businesses and internationals are exempt?
Or better yet:
Why would US businesses spend money on research and development to innovate when small businesses and internationals can reverse-engineer the product and sell the same implemetation at a lower cost becaus
Re:Couldn't this hurt the US? (Score:2, Informative)
At least the U.S. has an enforcement mechanism for patents, unlike India or China...
Re:Outsourcing , outBuying (Score:1)
The Patent Cooperation Treaty makes it fairly straightforward (although expensive) to file for a patent on an invention in virtually every country where you might need to enforce it, all at once!
New Business model? (Score:1, Troll)
Re:New Business model? (Score:2)
Seagate's web site lists 1" drives for CF applications.
Western Digital is also suing Cornice for patent infringement. Looks to me like these guys are just corporate pirates.
..and I'll bet these patents... (Score:5, Funny)
Patent One:
1) Method of storage digital data in a round magnetic medium
2) Method of spinning magnetic medium
3) Method of writing to round spinning magnetic medium
4) Method of reading from round spinning magnetic medium
5) Method of using round magnetic medium, reading and writing so that it can be put in a small box with electrical connectors
6) Method of taking small box containing magnetic medium that can be read and written, using electrical connectors to attach to Electronic Data Processing Machine
7) Method of taking small box containing magnetic medium that can be read and written, using electrical connects and drilling 4 holes in it so you can use a screwdrive to attach to said EDP machine.
8) Amen.
7) (Score:2)
Damn Cornice (Score:4, Funny)
LLC (Score:2)
TOKYO - Seagate Technology LLC is expanding its battle...
I hope this isn't irrelevant to discussion, but I was just curious- I thought Limited Liability Companies (LLCs) were only in the US. Do they have them in Japan as well, or was this article implying that the US branch of the company dealing with the U.S. International Trade Commission was registered as an LLC?
Re:LLC (Score:2)
"Seagate Technology, the Scotts Valley-based hard disk drive manufacturer..."
While it doesn't explicitly say that Scotts Valley is in the US, I don't recall there being any town in Japan called Scotts Valley. However, there was reference to a town called Beaver Falls in the brilliant Prince of Space [imdb.com] (thank you, MST3K), so who knows what other Anglocized towns there.
Re:LLC (Score:2)
Re:LLC (Score:1, Informative)
Unusually a port
Re:LLC (Score:2)
Ah, the Tuborg, Carlsburg, Pripps and Ringnes "co-op". I wasn't aware they were the only LLC left in Scandinavia, though they have managed to almost completely take over the lager market there.
Why exclude? (Score:3, Insightful)
If Seagate is truly out to protect their revenue (which is the intention of patents), they should have no problem letting Cornice continue to sell their wares... If Cornice is really infringing on the patents, they will eventually have to pay licensing fees to Seagate, so the more they sell the more Seagate will benefit. And if there is no infringement, then there is no point in stopping their sales.
This is where the US patent system is fucked up. Any patent-holder should be forced to allow others to use the technology by paying a reasonable licensing fee. Entities should never be able to use patents as a way of stopping competitors from making sales. Yet the latter has become the US way of doing business. Sad.
-hadohk
Re:Why exclude? (Score:2, Interesting)
Re:Why exclude? (Score:2)
Re:Why exclude? (Score:3, Insightful)
And how do you determine whether Cornice is "really infringing?"
You got to go to court.
Cornice isn't going to pay licensing fees to Seagate because they realize they are "really infringing" or because Seagate "feels" they are infringing -- they will pay licensing fees when they either get dragged into a lawsuit and decide that it's not worth a f
Re:Why exclude? (Score:2)
Re:Why exclude? (Score:2)
No cites. Look it up yourself. Look up the concepts of laches and equitable estoppel.
"If the court decides that Cornice is infringing, they will be made to pay licensing fees for all sales before and after the filing of the suit."
Not if it can be shown that the patent owner "sat on their rights" in order to allow damages to accrue.
Re:Why exclude? (Score:2)
Maybe I misread your earlier post, but I got the impression that you were implying that licensing fees were "automatic." Didn't mean to argue a point you never made.
Re:Why exclude? (Score:2)
As I understand the article Cornice makes 1" drives only (small enough to fit into MP3 player) and Seagate does not produce such drives at all.
If Cornice infringes Seagate patents and Seagate wins they would squashing a manufacturer with a completely different niche.
Re:Why exclude? (Score:2)
Re:Why exclude? (Score:2)
Ahh... Just thinking of the days when you couldn't patent an idea or a formula.
I guess the patent office of today is not the patent office of the 1930s, eh?
Re:Why exclude? (Score:2)
Seagate does not produce such drives at all.
Seagate's web site lists 1" drives for CF applications.
Re:Why exclude? (Score:1)
Stalin would be proud.
Re:Why exclude? (Score:2, Informative)
No surprise.. (Score:3, Interesting)
Is that the future that awaits programmers with those software patents?
Re:No surprise.. (Score:4, Insightful)
-- John Ashcroft
Re:No surprise.. (Score:2, Insightful)
Although I truely despise Ashcroft, I cannot believe he is so monumentally stupid to say something like that.
Or did you intend to paraphrase?
Re:No surprise.. (Score:2)
The seven infringed patents (Score:2)
more information. (Score:2, Insightful)
Unlike software patents, which should be treated differently, hardware patents have quite a bit much more riding on the line for the company that chooses to undertake the endeavor of actually designing and manufacturing a piece of hardware.
Couldn't they... (Score:1)
An ageing 15G maxtor is up and perfect, while the last three seagates I've bought 2 o' em are already in a garbage bin somewhere, and this one is soon to follow, plus another I've to return 'cos it was defective from the start, damned POS.
If cornice is stealing seagate's tech, then I'll put 'em in my 'do not ever buy list' along with seagate.
Re:Couldn't they... (Score:1)
Re:Couldn't they... (Score:2)
I think it's the same with Motherboard... some people have more affinity with some specific brand, but overall, they are all mostly equal.
What I like about Seagate i
Wait and See (Score:5, Informative)
very few parts? I think that's an overstatement. (Score:1, Interesting)
This isn't all that new an idea, it's sort of like a return to a ST-506 interface.
The company I talked to talked to Cornice a while back. They were clueless. They removed all kinds of functionality, and suggested the users of their technology supply it in software. But did they supply the software? No.
It might go somewhere, it might not. I don't think the company is much to crow
Re:very few parts? I think that's an overstatement (Score:2)
BTW, you are correct about the interface. This is a return to simpler times. It is quite probable that we will repeat the tech cycle of this interface leading to a new and cheaper app
Re:Wait and See (Score:2)
Re:Wait and See (Score:2)
Re:Wait and See (Score:2)
That line of reasoning is wrong. Always assuming guilt encourages companies to make baseless accusations because people like you will simply assume that the defending party must be guilty.
Re:Wait and See (Score:2)
Re:Wait and See (Score:1)
by fast-talking lawyers.
The SCO lawsuit against IBM is founded on very thin "evidence" and many of their accusations have been ripped to shreds publicly yet they're forging ahead with the suit.
Anyone know what the actual patent numbers are? (Score:4, Interesting)
Anyone know what the actual patent numbers are?
-- not a
Patents? (Score:1)
Two things. (Score:5, Interesting)
Re:Two things. (Score:1)
*smirk*
Some people innovate for other reasons- like they have a genuine interest in their field.
I want communism in America.
Re:Two things. (Score:3, Insightful)
Re:Two things. (Score:2)
Question. Is Seagate making all they money from spam that they could? If not, why not?
You can't operate a business without money. True.
So if people can just come along and steal your ideas, you're
Re:Two things. (Score:2)
It's not the "brilliant idea" that needs patent protection. It's the 999 wrong ideas that one tries before finding the one brilliant idea. This is why patents are necessary for pharmaceutical research. Pharmaceutical research is basically a brute force search (start with compound; check how it interacts with other substances until you find a useful result; test side effects in live subjects). Reverse engineering is relatively easy in comparison.
Re:Two things. (Score:1, Interesting)
Surely the first patents on hdd tech have runout by now?
Re:Two things. (Score:1, Informative)
Cornice make tiny HD which are cheaper per meg compared to flash memory, which means multimedia, pda, phone, camera makers will be buying from the likes of Cornice and not Seagate.
These are the very markets which are exploding right now but are limited by poor storage capacity.
Re:Two things. (Score:2, Insightful)
Re:Two things. (Score:2)
I know how /.ers feel about software patents, but it is right to extend that attitude to the hardware sector? These aren't ones and zeroes, these are platters and heads. The materials cost actual money, and thousands of actual people depend on those materials to make their living. If it was open season on everything, we would have nothing, we would still be in mud huts using two cups and a string to communicate.
You've missed the point of most people's opposition to software patents. It's not that softwa
Re:Two things. (Score:3, Insightful)
If it was open season on everything, we would have nothing, we would still be in mud huts using two cups and a string to communicate. If there is no incentive for profit, most companies won't bother to make something.
There is absolutely no evidence to support the idea that patents are necessary to innovation, and there never has been. Check the literature, and you will find that inventors usually begin as people interested in solving a particular problem, not capitalists interested in filling their p
Follow the Employees, Follow the IP (Score:1)
It would be highly interesting how the courts will sort our all the IP obtained through aquisition of employees, technology, etc.
Colorado used to be a hot bed of storage technology but somewhere along the lines the 90s saw a consolidation and only the big guys seem to have a chance to play in the field. Surprisingly many of these companies got much
Something smells about all this (Score:1)
Since the 2 companies are patent holders, what could they possibly be afraid of by giving details? I smell a pre-emptive strike - Seagate will not have a 1-inch product for release until late this year and Western Digital isn't yet in this market.
Let's all reserve judgment until the details are revealed.
Re:Patents... (Score:1)
It's actually a social malady (Score:1, Insightful)
A jury of my "peers?" Buddy, that's the last thing I ever want. I've seen who the courts think are someone's peers.
Technology becomes ever more complex and subtle, but the population doesn't know the difference between 'we
Re:Patents... (Score:1, Offtopic)
Re:Patents... (Score:2)
Yeah, and I'm going to patent the butthole so everyone has to pay me if they a) want to take a crap, or b) pull out another lame joke to post for the nth time on slashdot.
Please, can we let the stupid joke die already? It wasn't particularly funny the first time, and it doesn't get any funnier with repetition.
Re:Patents... (Score:1)
I had chili for dinner. Patent this.
BRRRRRMMMMMMMMMMMMRRRRAAAAAAAAAAAAAAAP!
Re:I hope those infringed patents don't include... (Score:4, Informative)
Descriptions and abstracts of 5 of the patents (Score:3, Informative)
5,452,159: Magnetic parking device for disk drive
( Sep, '95)
A magnetic parking device for a disk drive includes a magnet and a member for containing the magnetic field produced by the magnet. The magnetic field containing member has an air gap which is substantially parallel to the magnet flux lines of the magnetic field so that there is no fringing of the magnetic field outside of