5 Comments

Summary:

Big data has become the latest front for the patent troll epidemic as a shell company is suing firms for using a common software framework known as the Hadoop Distributed File System (HDFS).

Troll
photo: DM7

Big data has become the latest front for the patent troll epidemic as a shell company is suing firms for using a common open-source storage framework known as the Hadoop Distributed File System (HDFS).

In complaints filed this week, a Delaware-based shell called Parallel Iron claims Facebook and LinkedIn violated its patents by using HDFS. Parallel Iron has already filed suits against Amazon, Oracle and other firms for using the HDFS technology that lets users store huge quantities of data on clusters of commodity servers.

Hadoop has been built by a large network of contributors, including individual developers and large companies like Yahoo and is an Apache Software Foundation project. HDFS, its storage component, was based on Google’s Google File System. Parallel Iron’s patent complaints, however, say the whole system was made possible by four men:

In this technological age, we take for granted the ability to access tremendous amounts of data through our computers and the Internet, a process that seems effortless and unremarkable. But this apparent effortlessness is an illusion, made possible only by technological wizardry. …  It was made possible by the innovations of technological pioneers like Melvin James Bullen, Steven Louis Dodd, William Thomas Lynch, and David James Herbison.

The four men obtained three patents for “methods and systems for a storage system” in 2007, 2009 and 2011 (click the dates to see them). They assigned the patents to an LLC called Ring Technology Enterprises which appears to have been a predecessor shell company to Parallel Iron that filed lawsuits in the Eastern District of Texas.

Such companies, known as patent trolls, have come under fire as critics accuse of them gaming the patent system in order to extort money from companies that create real products and services. Recently, trolls have begun stalking promising start-ups (like travel site Hipmunk and handcraft marketplace Etsy) and suing them as soon they receive funding.

The toll of patent trolls on innovation has received special attention this month as two academics released a study concluding that trolls cost the economy $29 billion in direct costs every year. Meanwhile, a famous judge called the patent system “dysfunctional” and threw out a long-awaited smartphone trial between Google and Apple. This week, the same judge wrote an editorial in the Atlantic saying many industries don’t need patents in the first place and suggesting that trolls should have to actually use the patents that are the basis of their lawsuits.

As Congress has been slow in fixing the patent troll problem, some companies like Twitter are exploring their own solutions like pledging not to use their patents in an offensive manner.

Parallel Iron’s attorney, Richard Kirk, did not immediately return a request for comment.

Here’s a copy of the complaint against Facebook:

Parallel Iron v Facebook

  1. Edouard Tabet Friday, July 13, 2012

    This reminds me of the cold war. Big powerful countries growing their arsenal of WOMD to dissuade each other from attacking. Using them against the other side would mean self destruction, so instead they agree they won’t let any other country get them : non proliferation treaties… . But this only works when you have something to loose that’s why we are so afraid of fanatics getting their hands on WOMDs, they can’t be dissuaded and these treaties have no effect on them. Today big tech companies amass patents of mass destruction (POMD) to dissuade each other from suing. Unfortunately this doesn’t work against patent trolls because they have nothing to lose. Do we need a patriot act against these “technology terrorists” or should we start a war against patent trolling! :)

    Edouard at ZeTrip.com

    Share
  2. sometimes i think patent laws should be a bit more strict. like execute patent trolls and their families just to keep human genome a bit cleaner..

    Share
  3. How bout this: if a patent troll loses a case, his patent is revoked, nullified, and any IP within is converted to public domain.

    Share
  4. I read an article on cnet that had a good solution. Put a use it or lose it provision in the patent law. You have x amount of years to make or license your patent or you loose it.. Seems simple enough..

    Share
  5. Reblogged this on The Joseph Ratliff Letter and commented:
    This is a BIG reason why patent trolling shouldn’t be allowed… if you secure a patent, there should be a REAL business supporting the reason you got that patent…period.

    Share

Comments have been disabled for this post