Patent of a process

[michael_b]

CALIFORNIA

I have been threatened to stop using a search engine on my website because someone said they have a patent on the process of searching for a name or identifying number in sports event photos.

Several large companies have been threatened and all have given in, either paying a fee to the patent holder or removing the search option. Unfortunately, all of these have been done using a non-disclosure agreement. (My feeling is the patent holder thinks he may lose in a court case and has dropped the suit against these dozen companies).

My feeling is: The patent office approved this patent (#7,047,214) not understanding it was a process available to everyone using the web. I know programmers, including myself, that were using search technology to locate people on web-sites before his patent was granted, or even submitted.

Thoughts?

[divgradcurl]

Originally Posted by michael_b

CALIFORNIA

I have been threatened to stop using a search engine on my website because someone said they have a patent on the process of searching for a name or identifying number in sports event photos.

Several large companies have been threatened and all have given in, either paying a fee to the patent holder or removing the search option. Unfortunately, all of these have been done using a non-disclosure agreement. (My feeling is the patent holder thinks he may lose in a court case and has dropped the suit against these dozen companies).

My feeling is: The patent office approved this patent (#7,047,214) not understanding it was a process available to everyone using the web. I know programmers, including myself, that were using search technology to locate people on web-sites before his patent was granted, or even submitted.

Thoughts?

If this guy has an issued patent that he is claiming you infringe, you really only have a couple of options:

1. Ignore him, and hope he will leave you alone.
2. Try and come to some sort of settlement agreement.
3. Try and invalidate his patent via the reexamination process.
4. Try and invalidate his patent in court, or prove in court that you are not infringing his patent.

Your best bet, of course, is to contact a local patent attorney, who can review the patent and your website and advise you accordingly.

Is this a money-making venture for you, or is this just a hobby site?

[michael_b]

Thanks for the reply..

It is a money making venture - though the amount that he claims involves his patent is very, very little. I received word from other he threatened that his tactic is: "Why do you want to spend tens of thousands of dollars fighting this - that is money you earned and will spend on lawyers. Why don't we just come to an agreement and get if over with".

Of course everybody says OK. Not me! Several companies have told him they wanted to go to court.. those have all been 'settled' - though nobody knows the outcome due to the non-disclosure agreement. I do know that those who give in have the 'licensed under patent #### listed on their web sites - the big companies do not.

I think the patent holder dropped it knowing he may not win. I do plan on fighting him and not doing a non-disclosure or coming to an agreement. I want him to stop harassing photographers for a patent that should not have been issued.

I am going to reply to his attorney's (or him) this week. My first process will be to have the patent re-examined... after that... have to see.

Mike

Originally Posted by divgradcurl

If this guy has an issued patent that he is claiming you infringe, you really only have a couple of options:

1. Ignore him, and hope he will leave you alone.
2. Try and come to some sort of settlement agreement.
3. Try and invalidate his patent via the reexamination process.
4. Try and invalidate his patent in court, or prove in court that you are not infringing his patent.

Your best bet, of course, is to contact a local patent attorney, who can review the patent and your website and advise you accordingly.

Is this a money-making venture for you, or is this just a hobby site?