Evan on Engineering Software

Autodesk and Microsoft just lost a patent suit filed by z4 Technologies, related to their anti-piracy software.  Microsoft is on the hook for the biggest chunk, but the judgement against Autodesk is for $18 million.

A few salient issues: Autodesk (and Microsoft) developed their technologies before z4 filed for its patents.  The case was heard in East Texas, in a court where the judge has never seen a patent he didn't love.  It was tried by a jury, and z4 asked the judge to instruct Microsoft and Autodesk's attorneys not to tell that jury it is a "patent troll" (even though it is.)

Yes, the case will certainly be appealled, and yes, this is but another example of why software patents are being misused - but I'd like to point out the obvious: Microsoft and Autodesk are holders of significant portfolios of patents, and though they may not use those patents against each other (I believe they actually cross-license), they happily use those patents to shut down smaller competitors that don't have defensive patent porfolios.

I'm not suggesting that Microsoft or Autodesk are wrong in doing this - they're just working with the tools that the USPTO gives them.  I am saying, however, that the outrage heaped upon patent trolls ought to be equally spread to all parties involved.

Everyone seems to agree that the patent system is broken, but until the pain large companies feel from the trolls exceeds the benefits they get from shutting out competition, things are not likely to change.

I think Autodesk was in the right in this case - but I'm slowly and painfully learning that right and wrong don't really mean too much in issues of intellectual property law.