510. User selects an image of a merchandise > 520. Perform image analysis > 530. Perform similarity operation to identify merchandise that is similar > 540. Return result with images of merchandise deemed similar
From Fortune column, a description of what Modista could do:
It could take a particular handbag and match it to other similarly shaped and colored items.
According to Kumar, "Modista’s technology was better". Then, Kumar "contends that the patent should not have been given in the first place" and "Modista should’ve been given the chance to compete on its own merits."
I don't know about the validity of the Like.com patent or how different Modista's processes are from those described in the claims of the Like.com patent. But, looking at the patent issue from another perspective: How would Kumar feel if one of K9's other portfolio companies -- such as twilio, whose cofounders have filed for several patents -- learned about an upstart with a very similar technology? Would he be willing to let the company compete with twilio on its own merits? Or would he want twilio to play hardball, too?
Image similarity search has been around since eternity (read early 90's), and a patent claim that Perform similarity operation to identify merchandise that is similar (510 -- 540) should not have been awarded in the first place.
It's patenting a math theorem by replacing the generic variables with more concrete objects. This too could be patented: "a technique for calculating the number of facade bricks of a stone pyramidal structure"
learned about an upstart with a very similar technology?
But the patent wasn't on technology at all. If it was, it would have covered, for example, a method of image analysis. A competitor could then use their own, different method of image analysis.
510. User selects an image of a merchandise > 520. Perform image analysis > 530. Perform similarity operation to identify merchandise that is similar > 540. Return result with images of merchandise deemed similar
From Fortune column, a description of what Modista could do:
It could take a particular handbag and match it to other similarly shaped and colored items.
According to Kumar, "Modista’s technology was better". Then, Kumar "contends that the patent should not have been given in the first place" and "Modista should’ve been given the chance to compete on its own merits."
I don't know about the validity of the Like.com patent or how different Modista's processes are from those described in the claims of the Like.com patent. But, looking at the patent issue from another perspective: How would Kumar feel if one of K9's other portfolio companies -- such as twilio, whose cofounders have filed for several patents -- learned about an upstart with a very similar technology? Would he be willing to let the company compete with twilio on its own merits? Or would he want twilio to play hardball, too?