By show of hands, who actually thought this wouldn’t happen? Anyone? Bueller? I figured as much.
Over at Groklaw where you can read threaded comments like a 1990’s boss because there definitely isn’t better forum commenting software out there, there’s some serious gold to be found. This is always the case it seems. In fact, were I a professor at a business school I would make certain blogs and 100% of the comments on each entry required reading. Anyway, after recently writing about
12 yr olds Mr. Detkin, I found this particularly hoot-worthy:
Mr. Detkin is a lawyer who IV sent to represent it, and it’s his deposition extracts that are sealed. What we do know is that he has claimed that the email sent from Dr. Myhrvold’s account was actually drafted by him and another attorney, and he testified at length at his deposition about the email.
Oh, this is rich. Are we to believe that Mr. Detkin, he who doesn’t understand basic grammar, is being completely transparent here? Really? Okay…
The whole issue can be summed up in one or seven paragraphs, a la an anonymous commenter:
So while we would like IV to get scrutinized by a proctologist, in this situation it seems that Lodsys is desperate bc [sic] their cases aren’t going so well?
Lodsys wants the deposition that might or might not help their case. Specifically, Lodsys wants to know more about MS contracts with IV, to know if the MS/IV licenses support Apples claims or not, hoping that they won’t.
So as much as I/We dislike IV, the deposition could hurt the iOS and Android developers.
My non factual estimation of events:
IV got MS, Apple, and all the big players to sign up for licenses. IV knew they themselves couldn’t try to sue their licensees’ developers bc it might not be legal and would ruin their relationships with the big players. IV didn’t want to try to double dip.
IV sold the patents to others, hinting that the new patent owners “might” have a chance to sue the developers.
Lodsys wants to question IV about these licenses, bc the patents may now be worthless if all the developers for the big players are covered by the IV license.
How can you not love an industry that elicits such comments? I mean, “as much as we would like IV to get scrutinized by a proctologist”? I’d like to point out that we’ve already gotten them down to their underwear so it is, after all, a logical next step.
It looks like what happened here, to paraphrase the above, is that IV was using Lodsys (via a middleman named Webvention) to eek out even more money from their patent. Only oopsies…things are not going so well in troll-land for Lodsys. Looks like they were sold a bill of goods when our pal Nathan (indirectly) said “We already sold the Big Daddies the rights but you can totally go after all the kids if you want. Also? You can pay us a percentage off the top of whatever you get. Because we’re nice that way.”
It’s a proxy fight, and if Lodsys is successful in getting Mhyrvold to testify, something to that effect will surely come out. No wonder he’s fighting it so hard, he’s trying to avoid exposure. Trolls? This is what happens when you garner FTC attention.