A CALL TO PATENTS
A look at the current state of patents held by social media and technological companies
                                  By Ross Hornish
HISTORY OF PATENTS

 Litterae Pantentes

 Sybaris, Greece – 500 B.C.

 John of Utynam – England – 1449

 1790 – Article I, Section VIII U.S. Constituion
     “Congress shall have power . . . To promote the progress of science and useful
     arts, by securing for limited times to authors and inventors the exclusive right to their
     respective writings and discoveries.”
HISTORY OF PATENTS

“That is because the purpose of patents is twofold: to
protect the inventor and to speed technological
progress.”


Does flourishing technology go hand in hand with
uninhibited technological progress?
ONLINE PRESENCE

 John Abrams – Nightclub owner (former CEO Friendster)
“A method and apparatus for calculating, displaying and acting upon
relationships in a social network.” (US Patent - 7,069,308)
 Amazon.com’s patent
“A networked computer system [that] provides various services for
assisting users in locating, and establishing contact relationships
with, other users."
ONLINE PRESENCE

 Trolling
     • What is it and who does it?



 Billion-dollar Lawyer
     • James Desmarais
CASES

                  Yahoo vs. Facebook
 Legality vs. Industry Norms


 CEO Scott Thompson


 Interesting timing of suit
YAHOO VS. FACEBOOK

“Pathetic and heartbreaking last stand for Yahoo.”
Eric Hippeau,
former chairman, Yahoo
YAHOO VS. FACEBOOK

Ammunition

 Yahoo – 3,330 Patents

 Facebook – 160 Patents
     Reported they purchased 780 patents from IBM
     (22nd of March 2012)
CASES

Twitter
 Total patents as of 2010 – 0
 Total patent applications as of 2012 – 1
“It's like a race: look back and you lose speed
and, eventually, the contest.”
TWITTER

VS Technologies vs. Twitter Inc.



“were not „new ideas‟,

but were established”
MICROSOFT




$1.1 Billion for 800 Patents
TWITTER’S ARESENAL

 Anyone?



 Pull-to-refresh



 Possible sights

at Apple Inc.?
PINTREST – TREAD SOFTLY

                      “if they were
                      to profit off
Jonathan Klein,       of these
CEO of Getty
Images
                      images, there
                      would be a
                      lawsuit filed
                      for the monies
                      owed”
INTERVIEW
Lauren Seiter

• Business and Commercial Litigation
• New York State Bar
CONCLUSION

    “It‟s better to have
    a patent and not
    need one, than to
    need a patent and
    not have one”
QUESTIONS?

A Call to Patents

  • 1.
    A CALL TOPATENTS A look at the current state of patents held by social media and technological companies By Ross Hornish
  • 2.
    HISTORY OF PATENTS Litterae Pantentes  Sybaris, Greece – 500 B.C.  John of Utynam – England – 1449  1790 – Article I, Section VIII U.S. Constituion “Congress shall have power . . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
  • 3.
    HISTORY OF PATENTS “Thatis because the purpose of patents is twofold: to protect the inventor and to speed technological progress.” Does flourishing technology go hand in hand with uninhibited technological progress?
  • 4.
    ONLINE PRESENCE  JohnAbrams – Nightclub owner (former CEO Friendster) “A method and apparatus for calculating, displaying and acting upon relationships in a social network.” (US Patent - 7,069,308)  Amazon.com’s patent “A networked computer system [that] provides various services for assisting users in locating, and establishing contact relationships with, other users."
  • 5.
    ONLINE PRESENCE  Trolling • What is it and who does it?  Billion-dollar Lawyer • James Desmarais
  • 6.
    CASES Yahoo vs. Facebook  Legality vs. Industry Norms  CEO Scott Thompson  Interesting timing of suit
  • 7.
    YAHOO VS. FACEBOOK “Patheticand heartbreaking last stand for Yahoo.” Eric Hippeau, former chairman, Yahoo
  • 8.
    YAHOO VS. FACEBOOK Ammunition Yahoo – 3,330 Patents  Facebook – 160 Patents Reported they purchased 780 patents from IBM (22nd of March 2012)
  • 9.
    CASES Twitter  Total patentsas of 2010 – 0  Total patent applications as of 2012 – 1 “It's like a race: look back and you lose speed and, eventually, the contest.”
  • 10.
    TWITTER VS Technologies vs.Twitter Inc. “were not „new ideas‟, but were established”
  • 11.
  • 12.
    TWITTER’S ARESENAL  Anyone? Pull-to-refresh  Possible sights at Apple Inc.?
  • 13.
    PINTREST – TREADSOFTLY “if they were to profit off Jonathan Klein, of these CEO of Getty Images images, there would be a lawsuit filed for the monies owed”
  • 14.
    INTERVIEW Lauren Seiter • Businessand Commercial Litigation • New York State Bar
  • 15.
    CONCLUSION “It‟s better to have a patent and not need one, than to need a patent and not have one”
  • 17.