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Cygnus files first challenge to Bilski patent standard

By | December 28, 2008, 11:52am PST

Summary: Just two months after a court, in re Bilski, demanded strict scrutiny of software patent claims, a small Michigan outfit has issued a direct challenge to the new standard.

Britney Spears with shaved headJust two months after a court, in re Bilski, demanded strict scrutiny of software patent claims, a small Michigan outfit has issued a direct challenge to the new standard.

Cygnus Systems, a 20-year old Midwest networking outfit, claims a March patent approval gives it control over all thumbnails used as icons on networks, and has filed suit against everyone.

Well, not everyone. Just the three biggest someones — Google, Microsoft and Apple.

At first glance this appears to be a Britney Spears claim — a desperate cry for attention. But let’s do some research anyway.

Wookiepedia (not Wikipedia) says the Cygnus B system contained a planet with giant sapient algae beds, and possibly the offices of Cygnus Spaceworks, which made shuttles and starfighters for the Galactic Empire.

Sounds like a dead end. What else is out there?

Pamela Jones of Groklaw is taking some time off, and Patent Law blog has not yet addressed the issue either. (They do wish us all a Merry Christmas.)

Revenews notes that even before Bilski patents such as this were dodgy, citing the fate of the Amazon One-Click patent.

If the Cygnus name rings a bell, an outfit called Cygnus Telecommunications LLC acquired a patent on callbacks in 1999. Their enforcement attempt against AT&T eventually failed earlier this year.

The inventor in that case was James Aleman, a researcher at Colorado University in Boulder, so this is as relevant to the present situation as Wookiepedia.  

Cygnus lawyer Matt MacAndrews told The Inquirer that Cygnus owner Gregory Swartz created the technology in his spare time back in 1998, filing for a patent three years later. Of course that paper also said Cygnus is based in Indiana. Not so.

Amit Chowdhry of The Pulse pulled a flow chart of the patented technology from Google Patents. It seems to cover how such thumbnails are created (by taking screen shots) not the thumbnails themselves.

The most telling comment, however, may be from MacAndrews, who works for a Chicago firm and admitted the defendants were chosen mainly for their deep pockets as “a logical starting place.”

Hence the picture at the top of this blog post. I hear this look is all the rage in the Cygnus B system. But the Wookie would know for sure.  

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Topics

Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

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On subject of stupid
zdnet@... 29th Dec 2008
Well that was supposed to be a reply to Ole Man but apparently I selected wrong.
0 Votes
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Stupid?
giannaccari 29th Dec 2008
I have to say that actually surprised me.
Cygnus' claim is one of the most stupid things I have ever seen, if you read through the comments on the patent request itself you'll see why.

http://www.patentstorm.us/patents/7346850/claims.html

I have seen what they 'invented' at LEAST 4 years before that patent request. Just look for Corel or AutoCAD dating back to Windows 3.1 and you'll see the same functionality.
0 Votes
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It's not just the functionality...
DanaBlankenhorn 29th Dec 2008
Even if you could prove the invention, you would only
be able to protect the way you did it, in re Bilski. I
don't think Apple or Microsoft or Google create
thumbnails the way Cygnus does. Thus even if the
patent is valid the action fails.

They didn't do any serious research before filing the
press release, uh, lawsuit.
0 Votes
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This is in the same category as Microsoft patent applications, such as, but not limited to:
http://yro.slashdot.org/article.pl?sid=08/06/12/0310200

a patent for a technology which would attempt to enforce manners

http://yro.slashdot.org/article.pl?sid=08/08/21/140218

two patents for a private browsing mode in their next version of Internet Explorer

http://www.bluej.org/mrt/?p=21

Microsoft patents BlueJ

http://arstechnica.com/news.ars/post/20061225-8491.html

Microsoft applies for "RSS patent"

http://www.eweek.com/c/a/Windows/Microsoft-Applies-for-Language-Technology-Patent/

Microsoft Applies for Language Technology Patent

http://www.intomobile.com/2007/10/18/microsoft-applies-for-mobile-interface-patent.html

Microsoft applies for mobile interface patent

http://www.webpronews.com/topnews/2007/02/19/microsoft-applies-for-anti-phishing-patent


Microsoft Applies For Anti-Phishing Patent

This is only a small example.... the list goes on and on and on....

Think they don't want to OWN you, and YOURS? Think again! If you CAN think.
0 Votes
+ -
The Bilski decision will be seen over time as just as
important as the State Street decision that enabled
software patents. This limits them in a serious way.

All those inventions you cited would be logical to
patent under State Street. And if you got the patent
you could seek enforcement against anyone doing the
same.

But under Bilski you have to show an invention to get
the patent, and you only get a patent on the
invention, not the idea behind it.
0 Votes
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Oh please
zdnet@... 29th Dec 2008
"Think they don't want to OWN you, and YOURS? Think again! If you CAN think."

I can, apparently you can think only one way. Stupid, so I guess you're trying to outstupid them yourself. They're playing the game. How about you look up NON-Microsoft examples? They're all over the place and it's why the patent standards are just ridiculous for software.
0 Votes
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On subject of stupid
zdnet@... 29th Dec 2008
Well that was supposed to be a reply to Ole Man but apparently I selected wrong.

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