Quote from mhashe:
I can understand patenting an algorithm based on a proprietary OS, but this is a bullshit patent. Just like Amazons "one click" nonsense. I was surprised Ebay never attempted to patent their "online flea market" concept after the Amazon patent was approved. It's like some idiot with deep pockets patenting the concept of a bicycle and then going out and suing every bike shop.
With all respect you don't know what you're talking about.
First of all the bicycle was patented in 1866 to Pierre Lallement.
Second, the bicycle spawned so many technological innovations that the USPTO had to create a special office just for bicycle patents.
Third, for your comparison to make sense - all of the bicycles would have to be chinese knockoffs of bicycles invented manufactured and sold by the patent holder.
Harris independently invented the price ladder concept and it was not an obvious solution. I was an independent software developer at the time and witnessed this first hand.
If you were trading in 1997 and looked high and low you would have been unable to find a price ladder with a static center price line
despite the fact that electronic trading had existed for at least a decade at this point.
Shortly after the MD trader interface was introduced traders began demanding it and it was widely copied. So widely that only now does it seem obvious. Just like turn signals on cars or traffic lights (both patented). Everyone is used to seeing it everywhere and relying on it.
The fact that this invention is constructed out of graphical screen elements as opposed to metal and rubber doesn't invalidate it.
a patent must be
1)
new - it did not exist before 1998
2)
useful - everybody copied it
3)
non-obvious - it took electronic trading gui's at least a decade to evolve to this interface. It is counter-intuitive in design because prices can run off the screen. In fact, one company when they copied it, actually copied it wrong the first time.
The invention was evolved through Harris' trading of hundreds of thousands of contracts a day. He had to come up with a way to process volume as an electronic market maker and MD Trader was the final result.
This is not the typical patent abuse scenario. for a couple of reasons.
1) The original inventor is the beneficiary of the patent. (He does have deep pockets but i assure you is not an idiot)
2) The patent owner is legitimately in the business of trying to sell the idea. (in other words this isn't SCO linux - TT is in the business of selling trading software)
Everything about this case is pretty much textbook to how our patent system was designed to work.
And if you have a suggestion for how Harris could stop people from copying his invention other than suing them I'm sure he'd be glad to hear it.
Everybody ridiculed Harris' original suggestion which was that the exchanges license it on behalf of all the vendors/traders (along with the zillion other TT patents) for the good of their own industry.
I notice the CME raised prices by a couple cents across the board recently, I wonder what value we traders got for that price hike?