Will 2014 bring the death of the patent troll?

Will 2014 bring the death of the patent troll?(projects.aljazeera.com)

14 points by perfectcents 12 years ago | 6 comments

Hah, M-CAM. Anytime an article quotes these guys, I know it's going to have some low quality reporting about patents. (And, yes, this includes the "When Patents Attack" episode [1] on "This American Life", where the very same M-CAM dude claimed there was a "patent on toast".)

I looked through every patent on online backups that M-CAM said "covered the exact same thing" in that episode [1], and found each one to claim something entirely different. Whatever their method of analysis is, it was completely useless then.

I also looked through the first few of the "just 70" out of the 5160 matches M-CAM found in this article, and found nothing really similar to Bobo's patent (or indeed, each other). Sure, there may be some really damaging prior art out there. I just highly doubt M-CAM found it.

But don't take my word for it, others have called these out as well [2, 3].

That said, if Huster can show that she indeed was an inventor, this patent is trivially invalid because she is not named on it. This is the same thing that killed the IV patent in "When Patents Attack Part 2" [4].

1. http://www.thisamericanlife.org/radio-archives/episode/441/t... 2. http://gametimeip.com/2012/04/13/q-why-was-mdb-capital-right... 3. http://www.iam-magazine.com/blog/Detail.aspx?g=c5c2c5b5-ecf9... 4. http://www.thisamericanlife.org/radio-archives/episode/496/t...

qohen 12 years ago | |

where the very same M-CAM dude claimed there was a "patent on toast".

This comes pretty close no? "Bread refreshing method" (US 6080436 A).

http://www.google.com/patents/US6080436

Abstract

A method of refreshening a bread product by heating the bread product to a temperature between 2500 are maintained at this temperature range for a period of 3 to 90 seconds.

throwawaykf03 12 years ago | | |

No, because as the claims state, the bread is heated at a temperature between 2500 F. and 4500 F. Toasters generally operate at much, much lower temperatures -- around 300 F. In case this seems like a minor distinction, consider that toasting bread at 2500 - 4500 F does not give you toast :-)

"A toaster works by applying radiant heat directly to a bread slice. When the bread's surface temperature reaches about 310 degrees Farenheit, a chemical change known as the Maillard reaction begins. Sugars and starches start to caramelize - turn brown - and to take on intense flavors.

"That's toast.

"With more heating, the sugars and underlying grain fibers start turning into carbon.

"That's burnt toast."

- Quote from a Consumer Reports test on toasters, June 1990 (found at http://www.toaster.org/works.html)

I'm not sure what this patent gives you -- heck, maybe it does refresh stale bread -- but it certainly won't give you toast.

moocowduckquack 12 years ago |

In deference to Betteridge, I'd say no.

RexRollman 12 years ago |

No, I don't think so. Like copyright, there is too much money invested in the patent system to allow for any real, meaningful change.

josh_fyi 12 years ago |

Wishful thinking. But we can wish, can't we?