From: rpw3@rigden.wpd.sgi.com (Rob Warnock)
Newsgroups: comp.patents
Subject: Re: Roger E Billings and File Server Patent
Date: 15 Apr 92 10:41:56 GMT

Carl Oppedahl <0001811496@mcimail.com> writes:
+---------------
| Rob Warnock (rpw3@rigden.wpd.sgi.com) writes:
| >Unless there is something specifically unique to his *implementation*,
| >his patent is worthless.
|
| have read the patent to see what it *claims*.  There have been numerous posts
+---------------

Nope! (...but thanks for the info you included.)

Look, when carrying on discussions on the net, I use the information presented
on the net, plus what I know from my own experience (plus rumor, etc.).

Ernest Hua included only the general description, "Billings claims that he
invented the File Server concept and patented it...(applied for in February
1982)", and asked, "How can the concept of a file server be patented?".

I was attempting to answer the latter question based on the former information.
Based on that sketchy description, I said:

+---------------
| >Unless there is something specifically unique to his *implementation*,
| >his patent is worthless.
+---------------

Excuse me. I should have said, "something specifically unique to his claims".

Having now read claims 1, 6, and 9 as provided by you [thanks!], though *not*
having read the specification [which you did not provide and which I don't
feel is worth my while to go research, since the language of the claims seems
reasonably self-descriptive here], I now am in a position to refine my opinion
of the patent, still within the basic limits of my knowledge which is that of
a well-read computer person and *not* a patent lawyer:

Revised Opinion: His patent is worthless. (If the Court doesn't screw up.)

Claims 1, 6, and 9 contain nothing novel that was not *published* [and yes,
I mean published] by Xerox in the open literature prior to the date of the
initial filing. See particular the mountains of work published by Butler
Lampson, not only on Xerox "WFS" but also on "Replicated, Distributed,
Voting File Servers" (as I believe the title was).

In addition, see Oracle Corporations's commercial dirstibuted version of
their "Oracle" data base, shown at COMDEX Fall 1981 (Las Vegas).

In addition, see the "Ingres" database, from Relational Technologies.

Carl, I'm getting sick of the whole software patent thing. It seems more
oriented to those who can find some *existing* well-known piece of technique
that no-one has bothered (for reasons of prior publication or obviousness)
to *patent*, and patenting same, relying on the (observed) facts that:
(1) The PTO doesn't seem to ever look beyond their own noses for prior art,
and (2) most companies threatened with a patent infringement suit just pay
up, to avoid the *devastating* costs of a trial. This is "legal extortion",
and can continue only so long as the vampires don't kill the sheep. (When
sheep -- small innovative companies -- start dying in large numbers, the
farmers [voters] will pick up their guns. Of course, it may be too late then.)


-Rob

-----
Rob Warnock, MS-9U/510          rpw3@sgi.com
Silicon Graphics, Inc.          (415)335-1673
2011 N. Shoreline Blvd.
Mountain View, CA  94039-7311