Australian WiFi Inventors Win US Legal Battle 193
First time accepted submitter Kangburra writes "Australian government science body CSIRO said Sunday it had won a multi-million-dollar legal settlement in the United States to license its patented technology that underpins the WiFi platform worldwide. Scientists from the agency invented the wireless local area network (WLAN) technology that is the basis of the WiFi signal employed by computers, smartphones and other Internet-ready devices around the world."
okay they won (Score:4, Funny)
What's next? Crocodile Dundee doing a commercial for CSIRO saying "That's not a wireless router. THAT'S a wireless router."
Way to promote cultural stereotypes (Score:4, Insightful)
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At least the other posters were sticking to an Australian that might be recognized by a majority of Americans. Of course, if the Aussies want someone else to their national poster child, they'll have to promote someone. Preferably someone memorable with admirable qualities, and either fictional or a living person. Sorry Irwin fans, but he's out of the running now.
Oh, and let's try to avoid marsupials in all forms, even if they have their own animated feature or show.
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That's progress for ya. At least he didn't mention that it's still just a colony of convicts.
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I wish our national anthem was Waltzing Matilda.
Even though the lyrics make no sense, it beats Advance Australia Fair any day.
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Which one? There are at least two.
Re:Way to promote cultural stereotypes (Score:4, Funny)
(An Australian exchange student told me that joke years ago. If any Australians are put out by that joke, they should bloody well stop telling it.)
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No it's not, it's a corruption of a Low German word that meant someone who shared your table/food with you. As slang for a friend it's used by the British, Australians, New Zealanders, and probably others. It's also merchant naval rank (and was a Royal Navy one, briefly).
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Funny you're an expert on German.
That's funny as in hmmm, not funny as in ha-ha.
Um... Yeah. (Score:2)
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it's either that or surfers. or fosters.
if uncle sam had a catch phrase.. well, then it would work out to twist that catch phrase, like "I want your wireless router licensing fees!"
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You have to understand just what Australia looks like overseas. Last time I was in Europe the only three references to Australia I saw on my trip was a showing of Crocodile Dundee 3, a news article about a drunk fisherman who jumped into the water and tried to choke a shark which snatched his catch off his line, and re-runs of Russell Coights All Aussie Adventures [wikipedia.org].
I actually had to tell my cousin in Austria that no we don't keep kangaroo's as house pets. Ultimately this didn't work too well since I now have
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That's not offensive. This is offensive: go chew your bum, you lousy bludging dingo-tinkering mattress-shagging sheep-rustling bogan.
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Break Out The Australian Sparkling White Wine (Score:5, Insightful)
This is a major cause for celebration.
Remember folks, this is a RESEARCH ORGANIZATION, these funds will be mostly plowed back into further research.
Also it makes for a good case-in-point, it doesn't matter WHO did the work or WHERE their funding comes from, a valid patent is a valid patent.
Re:Break Out The Australian Sparkling White Wine (Score:5, Insightful)
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The CSIRO is actually a government funded research institute. They are known as the Commonwealth Scientific and Industrial Research Organisation.
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Most likely this government group has in house representation thus there really is no external law firm to siphon off large amounts of cash.
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A research arm of the Government of Australia has In-House lawyers in the US?
Possible, but not likely. Patent law is a highly specialized field in the US.
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I bet they patent a lot of stuff though.
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Re:Break Out The Australian Sparkling White Wine (Score:5, Informative)
Actually, not too likely. The CSIRO [csiro.au] is one of the few genuine research and development companies out there. The research they do is very useful to many Australians - and they do a considerable amount of work assisting third world countries with farming, food production and water sanitation. While they are taxpayer funded (being a government organisation), a good part of their research dollars come from patents on stuff they come up with. In this case, this is a patent that has been recognised by almost all the companies that make products with it as this snippet from Wikipedia [wikipedia.org] explains:
In late November 2007, CSIRO won a lawsuit against Buffalo Technology, with an injunction that Buffalo must stop supplying AirStation products that infringe on the 802.11 patent.
On 19 September 2008, the Federal Circuit ruled in Buffalo’s favour and remanded the case to the district court ruling that the district court’s Summary Judgement was insufficient on the merits of obviousness of CSIRO’s patent. Therefore, this case was to be tried again before the district court. In this connection Buffalo was hopeful that it would shortly be permitted to, once again, sell IEEE 802.11a and 802.11g compliant products in the United States. On 13 July 2009 Buffalo announced the settlement of the patent infringement action.
As of 23 April 2009, the CSIRO has obtained settlements from most of the other organisations involved, including Dell, Intel, Microsoft, Asus, Fujitsu, Hewlett Packard, Nintendo, Toshiba, Netgear, D-Link, Belkin, SMC, Accton and 3Com.
Furthermore, even this article on WIFI on Wikipedia has very explanatory [wikipedia.org] information:
A large number of patents by many companies are used in 802.11 standard. In 1992 and 1996, Australian organisation the CSIRO obtained patents for a method later used in Wi-Fi to "unsmear" the signal. In April 2009, 14 tech companies agreed to pay CSIRO for infringements on the CSIRO patents. This lead to WiFi being attributed as an Australian invention.
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Re:Break Out The Australian Sparkling White Wine (Score:5, Funny)
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Re:Break Out The Australian Sparkling White Wine (Score:4, Informative)
That might be overstating it a little, CSIRO's income from IP:
2006-7 30.6M
2007-8 81.7M
2008-9 229.6M
2009-10 46.7M
2010-11 29.2M
For 2010-11 income from IP was only ~2% of their total revenue.
2008-9 was a big year, making about 20% of their revenue and includes the $205 million settlement from a previous WiFi case.
Which isn't to say that CSIRO should not bother chasing IP revenue, obviously it can be very rewarding.
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Keep a sharp eye on the patent holders. It would not be below a right wing government to pull a quick shonky deal. Sell the patent off cheap to a private company for an offshore tax have sales commission, so the private company can capitalise on the patent.
The Liberal (big 'L' Liberal as in Libertarian) stated that all CSIRO work must make a profit, effectively banning all research work that bloody 'SAVED MONEY' in favour of research work that could be off loaded to private companies in sweet hard deals
Re:Break Out The Australian Sparkling White Wine (Score:5, Informative)
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As for 802.11 most of that work came from COMTEN through NCR as a productb(quite successful) called WAVELAN
what does that have to do with CSIRO's patent? obviously the CSIRO patent is different from the work done by COMTEN, or else COMTEN would have the patent and CSIRO's case would have been dismissed
Doesn't sound like this research company does much more than read old diet books and NCR manuals
sounds like you have absolutely no fucking idea what you're talking about
Re:Break Out The Australian Sparkling White Wine (Score:5, Insightful)
Yeah well thats the fault of the bloody US companies, not the CSIRO.
Some money is better than none for a research organisation.
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According to news reports here in AU, CSIRO expect to keep about half of the settlement proceeds, the rest will go to the Commonwealth, probably to pay all the lawyers' fees, long lunches and mistress costs...
Good! (Score:5, Insightful)
The CSIRO isn't your typical patent troll. They do serious R&D on all sorts of things: environment, solar, agriculture, minerals, you name it. They're very well respected in Australia for the research they do.
The money from this win will go towards funding more research. These are the good guys; if they have a patent for something, it will be more than your typical "XOR for a visible cursor that doesn't interfere with the display" job.
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Well, they certainly have made major advances in the field of astroturfing.
Re:Good! (Score:5, Informative)
Indeed they have.
"Ozturf grasses have been scientifically tested by the CSIRO for strength and long term ultraviolet stability."
(http://www.ozturf.com.au/products.html)
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The CSIRO isn't your typical patent troll.
I remember being taught at school about the CSIRO back in the 1960s. Even back then they were an icon of Australian scientiic and technical research, in the same way that NASA is in the US.
Australians are rightly proud of the CSIRO. We don't mind if the rest of the world chips in, every now and then, to support the CSIRO's research - especially when the rest of the world benefits too.
Re:Good! (Score:5, Informative)
Nope, the CSIRO has done everything possible. They've been attempting good-faith licensing terms for years and getting rebuffed with "fuck off back Down Under, Aussie, you're dealing with the big boys now". They developed a technology that we all depend on and have been trying to get recognition of that fact for years.
I'm a nerd and I fucking hate patent trolls, but I'm applauding the CSIRO. They're the good guys in this fight.
Re:Good! (Score:4)
Actually they tried solving this "like gentlemen" many, many years ago.
Then they sued.
It's been ongoing for some time.
Somebody shake that mans hand (Score:5, Informative)
The vast majority of this money will go back into further research, slowly making the world a better place.
For those who care to know (PDF): Their Most Recent Annual Report [csiro.au].
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Re:Somebody shake that mans hand (Score:5, Insightful)
If you look at the list of companies that were sued (and have settled), you will notice that none of them is an Australian company. It was Australian tax payer dollars that funded this research (and the patenting process), so just how does the Australian government tax all those non-Australain companies??? The ONLY way to do it is with patents so that the companies making money from the technology in many countries around the world pay a part of their profits back to the inventors.
As has been said, the CSIRO will use this money to fund further research - such as the "pure" radio astronomy work which resulted in this spin off piece of technology in the first place!
RobHart
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You mean the lawyers which shouldn't have been necessary in the first place, if the CSIRO was paid royalties on their valid patent?
Re:Somebody shake that mans hand (Score:4, Insightful)
While the global population is so much larger than the Australian population it is a no-brainer.
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It seems difficult to make the case that the best thing for the Australian Government to do would be to enter the patent into the public domain. As far as return on investment (ie Australian taxpayers money) goes licencing the product to the world seems a far better idea than giving it away and hoping for some tangential return in Australian tax revenue.
CSIRO != the government.
The Australian government has no hand in what CSIRO does. The money from this patent will go to fund further research at CSIRO's discretion, which is what CSIRO has done with many other patents.
Maybe in the USA? (Score:2)
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Re:Somebody shake that mans hand (Score:4, Informative)
Australia != US.
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we patent our own stuff just the same as the Australians .
I sort of thought that bit was implied.
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Australia != US.
Also, CISRO != Government. CISRO is a self governing public entity. That means it's not government controlled. NASA would be like CISRO if you removed the political interference.
Re:Somebody shake that mans hand (Score:4, Insightful)
So us Australians should put all our [taxpayers] research that we funded into the public domain for other countries to use for free?
How about copyrights? if the US designs the next advanced fighter, should get the designs, blueprints and source code go into the public domain?
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the USA is smart, the next advanced fighter is build by a private company, so the public pays lots, buts sees nothing... oooops
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So us Australians should put all our [taxpayers] research that we funded into the public domain for other countries to use for free?
That's how it (theoretically) works in the US. Technically, for example, all the parts of SELinux that aren't a direct-derivative of Linux are in the public domain. Of course, companies that work for the government have all sorts of tricks to get around this. The government doesn't design planes--Boeing does.
Also, information can be classified and in the public domain. Public domain just means that nobody owns the copyright. FBI and CIA files are all technically in the public domain, but you generally
That's not a Lawsuit..... (Score:3, Interesting)
Wifi? That's nothing!. For REAL world-changing Aussie IT, look no further than Product Activation! [wikipedia.org],
which won a massive $388 million payout (Mostly from from Microsoft). And then lost. And then won again, and then lost again, and then a sorta 25% win or something..
I mean, come on!. Imagine life WITHOUT product activation. Microsoft products just wouldn't "feel" the same. It's the core technology of their whole solution!
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The Bottom Line (Score:2, Insightful)
The bottom line in all of this is that you're WiFi devices are now a bit more expensive than before. Would be nicer to have worldwide standards that aren't patent encumbered.
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Would be nicer, yes. But until then, at least this time the scientists who did the work will get paid for it.
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Prices depend on what people will pay. The prices won't change.
However, corporations will make a tiny bit less profit to pay their multi-million dollar CEOs until the market shakes out and everything goes back to normal.
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it cuts on competition somewhat, it's now a tiny bit more hassle to produce those wifi chips - and sourcing them is a bit more complex as well.
we would have wifi and even -n wifi without their research.. that is a fact. fraunhafer sucked with their mp3 encoder patents and these guys could just suck it too.
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If the grammar checker were not patented we might be spared your extremely basic error, too.
This is what happens when you take someone's patented technology and use it without paying for it. So, if WiFi access points become more expensive, it's not the original patent holder's fault.
110 yards? (Score:2)
What is there something different about Australian Wi-Fi? Why doesn't the headline say, "WiFi inventors win US legal battle"?
Maybe it's like Canadian football vs American football, where it's almost exactly the same except for some subtle differences that you wouldn't notice unless you were really paying attention.
So what is it? Are these the guys that invented WiFi or did they invent Australian WiFi? Please don't make me read the article. I'm already past d
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All the information you require is contained within the first three words you quote. I guess you learned to read in the USA.
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What is that, some kind of crack?
Be careful, we've managed to read the instructions on those Chinese-made Predator drones just fine thank you very much, and we don't take kindly to wisecracks about our a-readin' and a-writin' and a-cipherin'.
M!t! (Score:2)
In Australian WiFi the the radio waves go clockwise.
DARPA (Score:2)
annother source (Score:2, Informative)
Catalyst did a story on this just recently. http://www.abc.net.au/catalyst/stories/2708730.htm. This would be an interesting watch for anyone that has an interest in wireless technologies. It explains what the patent is, how it was conceived and the effort it took for them to gain credit for their work.
Re:I have no knowledge of what is patented by this (Score:5, Informative)
This lawsuit began years ago. They began suing people in 2005.
Re:I have no knowledge of what is patented by this (Score:5, Informative)
After, I believe, substantial attempts to get people to negotiate licences without involving a court.
Re:I have no knowledge of what is patented by this (Score:5, Informative)
Re:I have no knowledge of what is patented by this (Score:4, Informative)
They didn't wait for it to be adapted as such. A large majority of manufacturers rightfully accept the patents involved. See this comment I posted above [slashdot.org] for a more detailed explanation.
Re:I have no knowledge of what is patented by this (Score:5, Informative)
It also demonstrates some of the benefits of a cross-specialisation science organisation like the CSIRO. IIRC the original idea was come up with (and used) by someone at CSIRO working in radio astronomy. More commercial uses were identified and they sought to commercialise it by licencing it to anyone who could make use of it.
This is not the case of a patent troll buying some patent and belatedly wielding it as a weapon in an established market nor a company leveraging a patent to hurt competitors. It's a genuine invention that they tried to licence but ultimately had to go to court over because the Wifi companies (perhaps not used to dealing with entities outside their patent clique) refused to licence.
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They claim their patents cover the older 802.11a, too.
Re:Who picks these "standards" anyway? (Score:5, Informative)
It's nothing to do with "standards" at all. It's solely about technology which makes wifi work indoors without signal echo. They came up with the solution to the issue, patented it, then everyone else adapted it without licensing the technology. This is actually a perfect usage of patent and exactly what it's for.
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Except, nobody else got it to work. If I make a combustion engine which runs on phlegm, I'm not exempt from a patent because both engines and phlegm already exist. They didn't merely describe it, they created the technology, and got it to work where nobody else did. If it was that "obvious", why had no other manufacturer previously solved the issues? Fact is, most manufacturers have accepted this patent. Some fought it in court, and all eventually settled or lost. It's legitimate.
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Lots of others got it to work. CSIRO claims cover their work as well.
After fighting it tooth and nail for many years.
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After fighting it tooth and nail for many years.
If the patent has so much prior art, and nothing is original, why weren't the combined efforts of intel, microsoft, and a bunch of hardware vendors lawyers able to get the patent rejected?
Either you think the legal teams of all said large companies are incompetent, or the item in question had unique properties.
Considering not only were they first to patent, but also the first to have working silicon... I think I know which I'd go with.
Re:Who picks these "standards" anyway? (Score:5, Interesting)
PS. CSIRO isn't a "troll". It's the research organization which actually invented this tech, and have been trying to license it for the last decade. They've reached agreements with over 30 major manufacturers for prior licensing. This is about as far from "patent troll" as you can get. Real patent trolls - compaines who acquire patents and sit on them for years waiting for tech to be adopted so they can then sue everyone, deserve your disdain. CSIRO doesn't.
The only reason it's taken so long to get success for its patents is because it's in Australia - many US companies simply ignore patents from international companies because the cost of suing someone in the US is generally too high if you're overseas. US companies willfully ignore thousands of original invention patents originating internationally. Another great example is Franmara's "Champagne Xpress". It's a champagne bottle opener which was invented by a New Zealander, Bryce Stewart. It was patented in the US in 2003. Franmara CEO Frank Chiorazzi asked for a sample of the invention, then offered Bryce $2500 to license it. The offer was flatly refused - nevertheless, Franmara began manufacturing and selling them in the US. They're now popularly used in restaurants nationwide. The original inventor doesn't get see a cent of the procedes from his invention or patent, and it's very difficult for a NZer to procede with a lawsuit against a major US company, despite obvious patent theft.
Realise, patent theft does occur, and trolls are not always the victims. In both cases above, the original inventors are, still holders of their original patents.
Re:Who picks these "standards" anyway? (Score:4, Interesting)
heya,
Well, in a bit of luck for the "little guy", it seems there may be good news for the champagne cork opener guy:
http://www.stuff.co.nz/business/industries/6667488/Kiwi-inventor-wins-champagne-patent-battle [stuff.co.nz]
http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10795728 [nzherald.co.nz]
If what's written in those articles is true, it sounds like the American companies were real dicks - asking for a sample to "evaluate", offering him a paltry $2500 for unlimited use, then when they got turned down going to find his Chinese manufacturer, and attempting to steal his product.
Cheers,
Victor
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Yeah, he's won the court action in New Zealand - which unfortunately has no effect on sales of the product in the US at all. It's just an example to illustrate the point though. OP was making out that inventors actually standing up for their rights makes them "patent trolls". While patent trolls do exist, that doesn't mean that every time an inventor sues someone, they're "trolling". :)
International treaties? (Score:2)
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From what I understand, nothing binding. Neither in civil nor criminal cases. For example, in a criminal case a warrant in either country is grounds for arrest in the other, however the prosecuting nation has to then win an extradition trial and the plaintiff be extradited for trial there. For civil cases it's pretty much a one-way street, due to the nature of the US Free Trade agreements. The US can push but doesn't have to "take" anything. This is part of the cost of doing business in the US, and everyone
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Wow, you really are clueless, aren't you?
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Their only income from their inventions comes from suing other people or licensing fees extorted by threatening to sue.
No, they aren't trolls. I'll concur that what you've described is one of the characteristics. Another is that patent trolling companies don't do much, if any, research of their own: they buy patents from other companies, and use them to extort payments.
The CSIRO is a research organisation. They've done some incredibly valuable work in a great many fields; their attitude is one of licensing their R&D to commercial companies for commercialisation, rather than doing it themselves. It's a system that has worked very well for over eighty years. The fact that they don't manufacture things themselves does not, in and of itself, make them a patent troll.
In addition, it is worth noting (from the Annual Report) that only ~2% of CSIRO funding comes from intellectual property licensing. Roughly 60% is from the Federal Government and 34% from public, private and foreign co-investments and joint research projects.
It is satisfying to see this finally come to an end; I was recently trying to find what had come of this court case without much luck. I was still a teenager back in the early 2000s when I heard of the CSIRO starting to seek licensing of their radio pa
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One of the biggest patent trolls in the world is acknowledged to be Intellectual Ventures. And they do original research of their own too.
http://www.intellectualventures.com/Home.aspx [intellectualventures.com]
Doing original research isn't sufficient to escape being considered a patent troll.
As far as income, IV gets a lot from the companies that have bought a stake in their operations. They aren't solely funded by patent income either.
Now CSIRO may be a research organization. But this business model of turning government funding int
Re:Who picks these "standards" anyway? (Score:4, Insightful)
Now CSIRO may be a research organization. But this business model of turning government funding into lawsuits around the world is patent trolling. Sorry if you don't like it, but that's the way it is.
OK, so let's turn the question around. You're in charge of the CSIRO, an Australian government-funded research and development arm. What would you have done differently?
The central problem here is that the term "patent troll" doesn't have a universally agreed-upon definition.
Wikipedia lists these qualities that a patent troll generally has:
Purchases a patent, often from a bankrupt firm, and then sues another company by claiming that one of its products infringes on the purchased patent;
Enforces patents against purported infringers without itself intending to manufacture the patented product or supply the patented service;
Enforces patents but has no manufacturing or research base;
Focuses its efforts solely on enforcing patent rights; or
Asserts patent infringement claims against non-copiers or against a large industry that is composed of non-copiers.
Of these, the CSIRO can be legitimately accused of at most one, and even that one isn't clear.
Doing original research isn't sufficient to escape being considered a patent troll.
Not every non-practicing entity who sues over patent infringement is automatically a patent troll, either.
Re:Who picks these "standards" anyway? (Score:4, Insightful)
One of the biggest patent trolls in the world is acknowledged to be Intellectual Ventures. And they do original research of their own too.
Agreed.
Doing original research isn't sufficient to escape being considered a patent troll.
Also true.
As far as income, IV gets a lot from the companies that have bought a stake in their operations. They aren't solely funded by patent income either.
Also true.
Now CSIRO may be a research organization. But this business model of turning government funding into lawsuits around the world is patent trolling. Sorry if you don't like it, but that's the way it is.
Here you go astray. You pointed out many similaries between IV and CSIRO, but failed to note the major differences.
This quote from Wikipedia shows the major difference (emphasis added):
I argue that a company is a patent troll if they are suing others using patents for technology they neither invented nor use. Basically patent trolling is the use of patents purchased from third parties for the sole purpose of suing other companies. Either invention or real use of the patent in question is enough to keep you from being categorized as a patent troll.
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One of the biggest patent trolls in the world is acknowledged to be Intellectual Ventures. And they do original research of their own too.
But Intellectual Ventures buy patents too. That is the part that makes people call them a patent troll.
The CSIRO did invent this patent to solve a very real problem, and the technology was then used in the WiFi standards. They didn't just sit back and wait for other people to have the same idea so they could sue them (like patent trolls do). They actively promoted it to various companies/organisations.
As far as I am concerned, this is the patent system working as it was designed. The only problem that I hav
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As I'm not a kiwi, not sure how I'd test that. It was fresh on my mind as I'd read it recently, however I'm certain a quick Googling could find you some others, as I likewise have read hundreds of such cases throughout the years. Even as a singular example, while you describe it as "high tech as a buggy whip", you'd have to admit that if Franmara actually had to get a physical example of it in order to rip it off, the method isn't as obvious as you'd first believe.
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The real triumph is that a US court actually recognized any patent from outside the US as binding US companies.
Anything else has already been done.
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Re:where's the details on the patents (Score:4, Informative)
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The same goes for you Ipad people. These guys took radio signal processing that they used to study stars and applied it to data communications.
I remember the early 1990's and mobile data communications meant dial up speeds and that was only IF you were the only person sending data to the mobile phone tower in your area its the one of the reason's why sms t