Project Jengo: Explaining Challenges to Patent Validity (and a looming threat)

We’ve written a couple times about the problem of patent trolls, and what we are doing in response to the first case a troll filed against Cloudflare. We set a goal to find prior art on all 38 Blackbird Tech patents and applications and then obtain a legal determination that Blackbird Tech’s patents are invalid. Such a determination will end Blackbird’s ability to file or threaten to file abusive patent claims, against us or anyone else.
The patent system exists to reward inventors, so it is no surprise that a patent has to claim something new — an “invention.” Sometimes the United States Patent and Trademark Office (USPTO) — the agency that administers the patent system — mistakenly issues patents that do not claim anything particularly new. The patent examiner may not be aware that the proposed “invention” was already in use in the industry, and the patent applicant (the only party in the process) doesn’t have an incentive to share that information. Often, the USPTO issues patents that are too vague and can later be broadly interpreted by patent owners to cover different and subsequent technologies that could not otherwise Continue reading










Nuage uses the same SDN controller for both data center and WAN sites.