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Old 12-02-2015, 09:51 AM   #1
LXer
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LXer: Patent troll claims HTTPS websites infringe crypto patent, sues everybody


Published at LXer:

A Texas company is suing some of the biggest names in tech and retail, claiming their HTTPS websites infringe an encryption patent titled "Auto-Escrowable and Auto-Certifiable Cryptosystems." CryptoPeak Solutions has filed about six dozen cases in all, and they began hitting the patent-troll friendly venue of the Eastern District of Texas in July.

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Old 12-02-2015, 10:34 AM   #2
sundialsvcs
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In other words, http://keys.gnupg.net (which could almost be this patent's "escrow authority") violates this patent, even though it was created many years before this patent was filed.

The obvious problem with our patent system is that literally thousands of new patent applications arrive every day, and they land in the hands of ... patent examiners. (Which is not exactly the highest pay-grade on the US Government's civil servant scale ...)

What do they do? What can they do? They look it over for procedural inconsistencies, such as an "i" you forgot to dot or a "t" you forgot to cross, then they rubber-stamp the sucker and send it out! They're not in any position to determine whether the patent is "new, novel, and not obvious." Nor have they ever been.

The patent laws should be re-constructed so that any patent which is actually asserted by the patent-holder is subject to a well-defined system of challenge ... outside the court ... in order to allow anyone else to register their objections to it. These objections should be decided by a tribunal of people schooled in the particular field, then perhaps certified by a court.

The claim of patent, even though procedurally granted, should not be "presumed valid" until it has been tested in this way, and it should not be tested until the patent-holder first seeks to assert his or her rights. There are simply too many patents, and no barrier-to-entry to filing another patent, to presume that any patent, although granted, is actually worth the paper it is printed on, and therefore deserving of time, attention, consideration, and enforcement by the Honorable Court.

(The "Honorable Court," after all, is a person, too. As is a jury. Neither one of whom may be in a position to judge a patent from a technical basis, at least not without an informed opinion from the aforesaid industry tribunal.)

Last edited by sundialsvcs; 12-02-2015 at 10:36 AM.
 
  


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