[DMCA-Activists] Re: Godado SW Patent on Search Engines

[Seth Johnson]

(Forwarded from Free Software Law list; text pasted below.  -- Seth)


-------- Original Message --------
Subject: Re: [fsl-discuss] Godado SW Patent on Search Engines
Date: Tue, 06 Jul 2004 10:24:02 -0600
From: address@hidden (Jonathan Corbet)
To: address@hidden
CC: address@hidden

Seth Johnson <address@hidden> wrote:

> Seem that godado (www.godado.it) claim to have a patent on search
> engines and is trying to stop other site from offering search
> capabilities in their own sites.
> 
> Here the JPG of the letter sent:
> http://www.portalino.it/contenzioso/materiale/godado1.jpg

Should anybody be curious, I went ahead and translated the shakedown
letter into English; it's at:

        http://lwn.net/Articles/92535/

The patent itself seems to apply to web sites tied in with a thesaurus; I'm
not sure it applies to a straight search - not that it's really any better
that way...

jon

Jonathan Corbet
Executive editor, LWN.net
address@hidden

---


> http://lwn.net/Articles/92535/


Godado's shakedown letter 


The following is LWN's translation of this letter sent by Godado Italia Srl
to Netzapping, the operator of the Portalino financial web site. Note that
Italian legalese is not your editor's specialty, so the possibility of
mistakes should be taken into account.


GODADO ITALIA SRL 
Via della Valle 46/B 
20048 Carate Brianza (MI) ITALY) 
T +39 0362 80 50 53 
F +39 0362 80 39 96 
E address@hidden 
I www.godado.it 
 Spett.le 
Netzapping 
Miran Pecenik 
Via Giulia, 15 
34126 - Trieste  


The company Godado Italia Srl, with headquarters in Via Della Valle 46b -
Carate Brianza - 20048 - (MI - Italy), in the form of its legal
representation 

Whereas: 

a) Godado Italia Srl is a Web operating company and the owner of the Godado
search engine; 

b) Godado Italia Srl is the owner of a patent titled "A METHOD OF SEARCHING
THE INTERNET AND AN INTERNET SEARCH ENGINE" 

   Date filed: 30-May-2000 - application number 0013119.3 - Country: UK -
London; 
   Date of publication: 5 December 2001, Number: GB2362971 - Country: UK -
London; 
   Date of assignment: 20 February 2004 - Number: GB2362971 - Country: UK -
London; 
   Published in "Patents and Design Journal" 24 March 2004; 

c) Godado Italia Srl has filed request (Number 01112245.4) on 18 May 2001
with the European Patent Office (EPO) with a priority declaration for an
effective date of 20 May 2000 in relation to the preceding patent
application already filed in London with number 0013119.3; 

d) Godado Italia Srl filed the Italian translation of the patent claim with
the Italian Office of Marks and Patents on 18 June 2004 with protocol number
19061 DE/2004; 

e) The patent consists of visualization, in the space of a web page,
correlated searches based on textual matching and/or searches semantically
correlated with a parent/child formula and/or recommended searches with the
principal query every time that a user effects a search, offering in this
way key words which can refine the user's search. 

f) With this letter we notify you of the patent application in the sense of
article 4 of the law on patents for inventions and by so doing we present
the objective elements established by article 83 bis to carry out the
provisions established by articles 81, 82, and 83 of the aforementioned law. 

Therefore: 

a) The site(s) of which you/the company Netzapping are the owner displays
searches correlated based on textual matching and/or semantically correlated
and/or recommended searches every time the user, making use of the
procedures intentionally offered, effects a search; 

b) Godado Italia Srl has never consented in any way or form this use of its
patent; 

c) The aforementioned acts can be denoted as the extreme of infringement, in
other words, unauthorized use of the patent; 

d) This infringement heralds significant economic damage to Godado Italia
Srl. 

Notice: 

Netzapping and Signora Miran Pecenik must eliminate immediately the display
of correlated searches as specified in the preamble. The right to move for
damages derived from the infraction is reserved. 

Attachments: Copies of the translation of the claim and the certificate of
filing. 

Carate Brianza, Friday, 25 June 2004 

(signed) 

Godado Italia Srl
President

Doctor Diego Ratti