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RE: Another Microsoft XML patent

• To: 'Alan Gutierrez' <alan-xml-dev@e...>
• Subject: RE: Another Microsoft XML patent
• From: "Bullard, Claude L (Len)" <len.bullard@i...>
• Date: Tue, 7 Jun 2005 11:30:57 -0500
• Cc: xml-dev@l...

It seals a perimeter.  You can't get rid of lawsuits; you 
have to starve the lawyers out of the bush and make them 
go hunt elsewhere.  Think of it as smart land management.

There is no instant cure for this mess.  The best thing 
that can happen is for Gates, Schwartz, Ellison, and the 
rest of the top guys to realize they are screwing their 
own futures away and put down the guns.

Valuable patents based on real innovation do us a service. 
Frivolous patents that exploit the overworked, underfunded 
and slow to learn patent examiners are a form of fraud.

Reform the patent system globally and the USPTO will 
follow naturally.

len


From: 'Alan Gutierrez' [mailto:alan-xml-dev@e...]

* Bullard, Claude L (Len) <len.bullard@i...> [2005-06-07 09:46]:

> You (Fuller, etc.) don't have to form a union.

> That is what a standards keiretsu is.  It mutually indemnifies
> members who contribute technology.  Contractually, it is the best
> defense because it both protects against predation and it creates
> standards.   Check the membership or participation agreements
> closely. 

    How does a stanards body protect against predation? It merely
    protects against the predation as it relates to the use of that
    particular standard.
    
    How does one file a counter-claim? That's the only way out of a
    patent takedown.

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