The one example I've found is, embarrassingly enough, Yahoo, which filed a patent suit against a gaming startup called Xfire in 2005. Xfire doesn't seem to be a very big deal, and it's hard to say why Yahoo felt threatened. Xfire's VP of engineering had worked at Yahoo on similar stuff-- in fact, he was listed as an inventor on the patent Yahoo sued over-- so perhaps there was something personal about it. My guess is that someone at Yahoo goofed. At any rate they didn't pursue the suit very vigorously.
I can't help but wonder if pg thinks the same way about software patents now that there is a very real chance that his own patent could be used against him at the whim of someone at a company he's been publically bad-mouthing for some time.
What makes you think there's a very real chance of that? Microsoft already has patents on practically everything to do with software. What difference has it made?
Forgent v Audiovox, ePlus v Ariba, Immersion v Sony/Microsoft, EMC v HP, USA Video v Movielink, BroadVision v Art Technology, Electronics for Imaging vs everbody .... http://answers.google.com/answers/threadview?id=492018
Well... your own essay suggested that the motivation in Yahoo v Xfire was personal.
If someone comes to YC with an idea you like but is incumbered by a technology and/or business model that you know infringes on specific patents held by a company like Microsoft, do you just fund them anyways and tell them it doesn't matter?
Are you saying it would have made no difference to Yahoo if Microsoft somehow patented the continuation-server idea Viaweb depends on before you did?
Yes, we completely ignore patent questions in funding decisions. So do most software investors.
And yes, it would have made no difference to Yahoo. As far as I know, they didn't do any patent searches prior to acquiring us. In fact, I've never heard of patents torpedoing an acquisition. Acquirers (rightly) have a fatalistic attitude to patents.
Curiously enough, Yahoo did get sued by a patent troll over Viaweb. It was after my time, but it was something to do with shopping carts. A totally bogus claim, but I believe Yahoo settled, because they were able to pay them out of the money they'd held in escrow for us. (We were not that unhappy though, because the money held in escrow had increased something like 15x.)
The one example I've found is, embarrassingly enough, Yahoo, which filed a patent suit against a gaming startup called Xfire in 2005. Xfire doesn't seem to be a very big deal, and it's hard to say why Yahoo felt threatened. Xfire's VP of engineering had worked at Yahoo on similar stuff-- in fact, he was listed as an inventor on the patent Yahoo sued over-- so perhaps there was something personal about it. My guess is that someone at Yahoo goofed. At any rate they didn't pursue the suit very vigorously.
I can't help but wonder if pg thinks the same way about software patents now that there is a very real chance that his own patent could be used against him at the whim of someone at a company he's been publically bad-mouthing for some time.