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USPTO Orders Reexam of Trend Micro's AntiVirus Patent Based on Prior Art |
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Thursday, September 23 2010 @ 05:10 PM EDT
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Once again, your prior art searching on Groklaw proved useful.
The USPTO on September 16 issued an order granting Fortinet's petition to reexamine the validity of the Trend Micro patent on antivirus functionality, the 5,623,600 patent, on the grounds that a "substantial new question of patentability" exists based on prior art now being considered. Fortinet
publicly acknowledges the help of the open source community, specifically mentioning the prior art searching you guys did here on Groklaw in June. The ultimate outcome is yet to be determined, of course, and that's in the hands of the lawyers now, but you guys did your part. It's a great partnership, techies and lawyers, and I thank you for working hard on this, and I hope it leads to a just resolution.
A relevant snip from Fortinet: As a follow-up to my earlier blog post on the subject of Trend Micro’s history of patent aggression, there are a couple recent developments worth noting:
First, on September 16, the United States Patent and Trademark Office (US PTO) issued a formal order [PDF] granting Fortinet’s petition to re-examine the validity of Trend Micro’s patent on antivirus functionality, the 5,623,600 patent, stating that a “substantial new question of patentability” exists with respect to the patent based on prior art currently being considered by the US PTO.
Second, and most notably, a member of the open source community has recently filed a separate petition (control number 90/011,022) with the US PTO to re-examine the same Trend Micro patent presenting even more evidence of the patent’s invalidity. This is significant because it validates Fortinet’s position and it shows the resolve and resourcefulness of the open source community to challenge invalid patents that are a menace to the community. Indeed, the open source community at large provided valuable assistance to Fortinet in researching its challenge to Trend Micro’s aggressive patent approach. That last link about "valuable assistance" is to Groklaw's prior art work on this patent, and I knew you'd want to know.
Next? The community will definitely help locate prior art, if it exists, with regard to any patent it perceives as threatening the community's interests. And I'm really excited that it is working out, because it was my dream for Groklaw from the beginning, to have the FOSS community help lawyers get the tech right. I believed you could do it, and now that I see that you can indeed do this, frankly it's a dream come true for me, and it feels mighty fine.
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Authored by: Anonymous on Thursday, September 23 2010 @ 05:23 PM EDT |
Get your corrections here. Freshly caught this morning. Nice fresh corrections! [ Reply to This | # ]
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Authored by: Ed L. on Thursday, September 23 2010 @ 05:32 PM EDT |
Non-alcoholic, non-anonymous. Please note the erroneous text in the title of
your comment. Thanks!
--- Real Programmers mangle their own memory. [ Reply to This | # ]
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Authored by: Ed L. on Thursday, September 23 2010 @ 05:34 PM EDT |
Topical comments upon that which the noose editor deigns to post to your right
===>
--- Real Programmers mangle their own memory. [ Reply to This | # ]
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Authored by: Ed L. on Thursday, September 23 2010 @ 05:37 PM EDT |
Please use HTML mode for your links... Thanks!
--- Real Programmers
mangle their own memory. [ Reply to This | # ]
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- sigh... - Authored by: sumzero on Thursday, September 23 2010 @ 11:36 PM EDT
- That was a waste - Authored by: tqft on Friday, September 24 2010 @ 02:28 AM EDT
- sigh... clicky fixed - Authored by: Anonymous on Friday, September 24 2010 @ 06:22 AM EDT
- sigh... - Authored by: Anonymous on Friday, September 24 2010 @ 06:08 PM EDT
- Do we need "no call" list for cookies? - Authored by: Anonymous on Friday, September 24 2010 @ 11:35 AM EDT
- Open Source for me, not for thee - Authored by: Anonymous on Friday, September 24 2010 @ 02:08 PM EDT
- AngelGate - Authored by: Anonymous on Friday, September 24 2010 @ 03:44 PM EDT
- Where's Boies? - Authored by: red floyd on Friday, September 24 2010 @ 03:56 PM EDT
- Leaving .net - Authored by: DannyB on Friday, September 24 2010 @ 04:32 PM EDT
- Magnet Makers Turn to Copyright - Authored by: Anonymous on Friday, September 24 2010 @ 04:36 PM EDT
- Judge Quashes Hurt Locker P2P Subpoena - Authored by: Anonymous on Friday, September 24 2010 @ 06:31 PM EDT
- US ISP Disconnects *Alleged* Pirates for 6 Months - Authored by: SpaceLifeForm on Friday, September 24 2010 @ 08:34 PM EDT
- Due Process - Authored by: Anonymous on Saturday, September 25 2010 @ 08:16 AM EDT
- Wine Devs Have Mixed Feelings Over Direct3D In Gallium3D - Authored by: Ed L. on Friday, September 24 2010 @ 09:07 PM EDT
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Authored by: designerfx on Thursday, September 23 2010 @ 06:04 PM EDT |
here's a new idea, let's keep on topic discussion here
makes it easier to sort[ Reply to This | # ]
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Authored by: SilverWave on Thursday, September 23 2010 @ 06:52 PM EDT |
.
---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions
[ Reply to This | # ]
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Authored by: celtic_hackr on Friday, September 24 2010 @ 03:11 AM EDT |
Nice to get recognition, but I don't see how we helped them much. They don't
seem to have changed much, if any, from what they had built before we started
searching. Of course using the TIS Firewall is brilliant. Nothing better than
defeating patents with Open Source Software. :)
I remember throwing out a few recommendations.
Maybe Google will ask us for some help. Wink, Wink, Nudge, Nudge.[ Reply to This | # ]
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Authored by: Anonymous on Friday, September 24 2010 @ 09:35 AM EDT |
"A system for detecting and eliminating viruses on a
computer network
includes a File Transfer Protocol (FTP)
proxy server, for controlling the
transfer of files and a
Simple Mail Transfer Protocol (SMTP) proxy server for
controlling the transfer of mail messages through the
system. The FTP
proxy..." lin
k
Antivirus softare, just a highly customized pattern
recognition
tool. Where's the `innovation', they just tacked
on a SMTP and an FTP server ..[ Reply to This | # ]
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- what Antivirus software does - Authored by: Anonymous on Friday, September 24 2010 @ 10:56 AM EDT
- all software is simulation... what Antivirus software does - Authored by: tce on Friday, September 24 2010 @ 11:32 AM EDT
- Yup - Authored by: Anonymous on Friday, September 24 2010 @ 12:51 PM EDT
- Yup - Authored by: Wol on Friday, September 24 2010 @ 01:45 PM EDT
- Yup - Authored by: celtic_hackr on Friday, September 24 2010 @ 02:28 PM EDT
- Yup - Authored by: Anonymous on Friday, September 24 2010 @ 03:48 PM EDT
- Yup - Authored by: celtic_hackr on Friday, September 24 2010 @ 04:47 PM EDT
- Yup - Authored by: Anonymous on Friday, September 24 2010 @ 06:30 PM EDT
- Yup - Authored by: Barbie on Friday, September 24 2010 @ 09:00 PM EDT
- Yup - Authored by: Anonymous on Friday, September 24 2010 @ 09:09 PM EDT
- Yup - Authored by: Wol on Sunday, September 26 2010 @ 03:31 PM EDT
- Yup - Authored by: celtic_hackr on Friday, September 24 2010 @ 11:49 PM EDT
- Yup - Analogue Computers too - Authored by: Anonymous on Friday, September 24 2010 @ 05:14 PM EDT
- Yup - Authored by: Wol on Saturday, September 25 2010 @ 06:30 AM EDT
- Yup - Authored by: Anonymous on Saturday, September 25 2010 @ 10:50 AM EDT
- A thought in response - Authored by: RPN on Friday, September 24 2010 @ 01:27 PM EDT
- all software is simulation... what Antivirus software does - Authored by: Barbie on Friday, September 24 2010 @ 01:29 PM EDT
- what Antivirus software does - Authored by: jonathon on Saturday, September 25 2010 @ 01:25 AM EDT
- Oh they patented piping / regex - Authored by: Anonymous on Friday, September 24 2010 @ 02:18 PM EDT
- what Antivirus software does - Authored by: celtic_hackr on Friday, September 24 2010 @ 02:32 PM EDT
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Authored by: Anonymous on Friday, September 24 2010 @ 06:26 PM EDT |
In order to recognize viruses, antivirus manufacturers build, maintain, and sell
a database of virus "signatures" as part of the product. This
database contains many unique fragments from many viruses.
Is this not copyright infringement? Could a virus writer sue the antivirus
company to keep his code out of their database?
[ Reply to This | # ]
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Authored by: iraskygazer on Thursday, September 30 2010 @ 08:48 AM EDT |
PJ,
Can see by your comment that another of your many goals for Groklaw is being
fulfilled. ;-)[ Reply to This | # ]
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