12.26.07

Patents Roundup: Call for Change and Annihilation of Abuse

Posted in America, Courtroom, GNU/Linux, Google, IBM, Law, OIN, Patents at 11:51 pm by Dr. Roy Schestowitz

Only good news throughout the holidays

Robert Weber, a senior vice president for Legal and Regulatory Affairs and general counsel of IBM, has just published the following article about patent reform. It appeared in Forbes earlier today. From the end of this article:

As the largest holder of U.S. patents, we feel it is our responsibility, and the right time, to speak out forcefully in favor of reform. We are trying to do our share by unilaterally publishing a first-ever corporate policy aimed at promoting patent transparency and quality. We also initiated, and with others in the private sector, are working with the U.S. Patent & Trademark Office to ensure that citizens have a voice in the patent review process.

But these voluntary efforts, along with recent wise Supreme Court decisions, are not enough.

Progress, not perfection, is the goal. It was so from Eli Whitney’s time, and is true today. Congress finally has an historic opportunity to address the thorniest of modern challenges, to secure America’s continued role as the leading innovator in the global economy.

There are other observations to be made which are also derived from the news. Our previous coverages of the Vonage rollercoaster saw the case culminating in a settlement, but it’s worth noticing the use of the world “capitalize” in the following latest coverage:

All Vonage wanted to do was to capitalize on the ability to make cheap, voice over Internet phone calls. Unfortunately, in their haste to deliver a working product, the company received complaints that it had trod upon the technology owned by other firms.

Therein lies the overlap, the trap, and the seemingly-endless maze of prior art. Amazon is no exception.

USPTO Reaffirms 1-Click Claims ‘Old And Obvious’

“After USPTO Examiner Mark A. Fadok rejected Amazon CEO Jeff Bezos’ 1-Click Patent claims as ‘old and obvious,’ Amazon canceled and refiled its 1-Click claims in a continuation application as it requested an Oral Appeal, a move that smacked of a good old-fashioned stalling tactic. But the move may have backfired, as Fadok has just completed his review of the continuation app and concluded that all of the refiled 1-Click claims should be rejected, providing explanations of why the Board of Patent Appeals was wrong to reverse his earlier decision after listening to Amazon’s lawyers in September. In October, USPTO Examiner Matthew C. Graham rejected most of the 1-Click claims as part of the reexam requested by LOTR actor Peter Calveley, a decision that attorneys for Amazon are currently trying to work around with some creative wordsmithing. Can’t see how all of this means ‘less work for the overworked Patent and Trademark Office.’”

Apart from the repeated, systematic and well-documented misuse by Amazon, the last sentence is worth special attention. Later on, trigger-happy lawyers whine about an 'overburdened' system — the burden that is self-imposed and a self-inflicted illness. We covered this Amazon issue many times before [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]. It has become a classic case of abusing the system, so Amazon should — by all means — be ashamed of itself. It’s part of the problem, not the solution.

Meanwhile, Google seems to have escaped the wrath of another patent troll.

The appeals court ruled that Google’s immensely profitable AdSense did not infringe on Hyperphrase’s patents. It handed down a split decision on AutoLink, agreeing that Google did not infringe, as claimed, on one of the Hyperphrase patents.

Remember that Google is among those who took the role of 'legal guardian' for GNU/Linux, so it’s unlikely that they’ll ever turn against Free software.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 30/10/2020: WordPress 5.5.2 and NSA Mum on Its Back Doors Policy

    Links for the day



  2. Free Software is Still Under Attack From Software Patents (GNOME Getting Patent Trolls to Settle Isn't the Real Solution)

    We're asked to believe that a sort of "patch" (suggested by companies or monopolies with endless patent portfolios) means that Free software and software patents can co-exist; behind the scenes, however, "community distros" (not developed and controlled by monopolies) are coming under patent attacks which they cannot publicly speak about



  3. Microsoft is Already Bribing the Likely Next US President (Having Also Paid the Trump Campaign) to Ensure Microsoft Can Get Away With Crimes and Receive Bailouts from Taxpayers

    Microsoft is still controlling "both sides" to ensure that it remains in control of the administration; it's already looting the taxpayers while still lying to shareholders ('legalised' embezzlement)



  4. With Microsoft in Charge, OpenSSF Seems More Like It's About Back Doors -- Not Real Security -- Inside the Linux Foundation

    Another Linux Foundation (LF) group seems to have been taken over by the company that’s attacking Linux and attacking real security (as opposed to fake security or back doors in the name of “national security” — the Trojan horse for imperialistic coercion, worldwide)



  5. IRC Proceedings: Thursday, October 29, 2020

    IRC logs for Thursday, October 29, 2020



  6. Living in a State of Constant and Never-Ending Fear Will Harm Software Freedom

    "Freedom" or "liberty" may seem to have been co-opted by extreme right-wing and COVID-denying (or COVID-minimising) elements, but at the moment we do stand to lose many "tech rights" (in the name of "protecting" us)



  7. [Meme] Mozilla's 2020 Vision

    Mozilla does not seem to understand that proprietary Azure and proprietary GitHub won't offer Mozilla a way/path out of the mess it's in



  8. Techrights Done With Maintenance For Now, Will Resume Posting at a Higher Publication Pace

    With a few new features added to the site we can finally resume normal operations (more articles per day)



  9. Moving to Phones Won't Liberate Users

    A so-called 'phone' (or 'smart' phone) with Linux under the bonnet isn't freedom; it's a branding war being won, but principles are being abandoned



  10. Links 29/10/2020: LibreOffice 7.0.3, Linux 5.9.2, NVIDIA 455.38 Linux Driver

    Links for the day



  11. Links 29/10/2020: Istio 1.6.13, Krita 4.4.1 and PyPI Key-Signing Ceremony

    Links for the day



  12. IRC Proceedings: Wednesday, October 28, 2020

    IRC logs for Wednesday, October 28, 2020



  13. Links 28/10/2020: Linux Dropping WiMAX Support, Istio 1.7.4, Ubuntu is “Hirsute Hippo”

    Links for the day



  14. Linux Foundation (Men for Monopolies) Once Again Hijacking Women's (and Minorities') Voices for Public Relations

    Diversity and tolerance are absolutely essential, but those who preach or lecture us about it most loudly (their financial means or privilege enable media reach) set a bad example and are mostly opportunistic hypocrites who perpetuate the status quo



  15. In a State of Flux Due to Maintenance and Improvements

    For the first time since summer of 2019 we're investing time and effort improving the site in a number of ways



  16. Links 28/10/2020: Torvalds on Succession, PyTorch 1.7.0

    Links for the day



  17. [Meme] Stealing the Competition

    After the fall (and fail) of CodePlex Microsoft decided to grab the Linux Foundation and most Git-based projects (through GitHub) — a strategy even Microsoft can learn to love



  18. IRC Proceedings: Tuesday, October 27, 2020

    IRC logs for Tuesday, October 27, 2020



  19. Links 28/10/2020: FreeBSD 12.2, NixOS 20.09 and WordPress 5.6 Beta 2

    Links for the day



  20. Taking Our Efforts to the Next Level in an Increasingly Proprietary and Hostile Web

    Web users are being repressed by mechanisms of mass manipulation, control and restrictions; the Web may not be going away any time soon, but architectural and topological issues need to be overcome (the sooner, the better)



  21. Read Techrights Without a Web Browser

    Any text editor can now be used to read Techrights, owing to a daily bulletin we've set up and will maintain every day



  22. [Meme] Torvalds Assimilated

    People belatedly realise that Microsoft’s plan for Git (and for Linux) isn't for the betterment of those projects but for Microsoft monopoly



  23. Links 27/10/2020: FuguIta 6.8, Fedora 33, Red Hat Satellite 6.8, KDE Plasma 5.20.2 and GStreamer 1.18.1

    Links for the day



  24. Site Changes Ahead of Anniversary

    We’re making some changes to the presentation and function of the site — changes that will become more prominent over the coming days



  25. IRC Proceedings: Monday, October 26, 2020

    IRC logs for Monday, October 26, 2020



  26. Links 26/10/2020: rpminspect 1.2, Open Source Hardware Certification and LibreOffice Conference

    Links for the day



  27. Links 26/10/2020: Debian "Bullseye" Artwork, Fwupd 1.5 Released

    Links for the day



  28. [Meme] Satya Na-DL

    Microsoft has shown its real priorities (just before the weekend when many people might not notice)



  29. Jonathan Wiltshire and Debian, Falsified Harassment Claims, Tiger Computing and GCHQ

    Reprinted with permission from Debian Community News



  30. Links 26/10/2020: Linux 5.10 RC1 and Loongsoon Laptops

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts