EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.11.08

Patents and Dirty Tricks Roundup: Qualcomm and Microsoft

Posted in Formats, Intellectual Monopoly, Law, Microsoft, Patents, Videos at 12:34 am by Dr. Roy Schestowitz

You might find the following stories interesting because they relate to some of the tricks that are used with (or against) Novell.

Qualcomm Again

There are some new interesting developments inside Qualcomm [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19]. Here is one of the latest developments that are related to Qualcomm patent cases, which we frequently cite here.

Day Casebeer Madrid & Batchelder attorneys James Batchelder, Adam Bier, Kevin Leung, Christian Mammen and Lee Patch, and Heller Ehrman’s Stanley Young were sanctioned and harshly criticized by U.S. Magistrate Judge Barbara Major in a 42-page order. The ruling follows a patent infringement trial Qualcomm had brought against Broadcom Corp.

The attorneys “assisted Qualcomm in committing this incredible discovery violation by intentionally hiding or recklessly ignoring relevant documents, ignoring or rejecting numerous warning signs that Qualcomm’s document search was inadequate, and blindly accepting Qualcomm’s unsupported assurances that its document search was adequate,” Major wrote. The judge also sanctioned Qualcomm for intentionally withholding “tens of thousands of e-mails.” Qualcomm will have to pay Broadcom’s $8.5 million attorney fees — though that award mirrors a sanction already imposed by another judge.

Here it is put more bluntly by The Inquirer: Qualcomm lawyers accused of ‘exceptional misconduct’

The judge exonerated 13 other attorneys who had represented Qualcomm and ordered the company to review its discovery practices and report back to her later this month.

Prior Art Must Not be Buried and Forgotten

Groklaw requests some assistance as it reaches out for examples of prior art. The site has been doing this a lot recently.

This time it comes from a company called InterSystems, which is a software company located in Cambridge, Massachusetts. They’ve been targeted by a patent infringement lawsuit, along with the world and its dog. In Texas, naturally, despite the plaintiff, JuxtaComm, being located in Canada.

This video explains why such lawsuits typically take place in Texas. Here is damning proof that too many patents are filed and accepted, which probably shows that prior art gets ignored.

There Are Patents in Your Format

Remember Blu-ray and the format siege it went under? It was allegedly fueled by Microsoft for its own selfish interests. And well, DRM aside, have you ever considered the role and impact of patents, as revealed in the following press release?

MPEG LA Expands Call for HD DVD Patents

[...]

In its continued response to marketplace interest in the creation
of a joint HD DVD patent license including as much essential
intellectual property as possible, MPEG LA, LLC today expanded its
call for patents essential to the implementation of the HD DVD
Standard to include the following specifications:

1) DVD Specifications for High Density Read-Only Disc (HD DVD-ROM)
Part 1 Optional Specifications: Triple Layer Twin Format Disc; and

2) DVD Specifications for High Density Read-Only Disc (HD DVD-ROM)
Part 1 Physical Specifications (51 Gbytes).

Mind the use of so-called ‘propaganda terms’ (see Richard Stallman's take on terminology like "intellectual property"). An important lesson to learn here is about the burden imposed by inclusion of patents in standards. For what it’s worth, this battle for Toshiba’s (and Microsoft’s) HD DVD seems to be approaching a loss, despite well-documented dumping (a la Intel) and manipulation.

HD DVD, which is backed by Microsoft and Toshiba, now has support from only Universal and Paramount among the big film studios.

More curious articles from the beginning of the week show us why the director of Transformers was apparently right. Microsoft has a lot to earn from the destruction of both formats, so it intervenes and invests in market confusion. Watch this:

USA Today points out that the the movie download market could be another killer. That industry is expected to double from $689 million in 2006 to $1.6 billion in 2008.

And who is the potential gainer? The same company which is said to be destructing the market of physical media. From CES 2008:

Microsoft to bypass High Def disc war with Mediaroom on Xbox 360

This is why Microsoft is not overly worried about Warner Bros jumping ship from the HD DVD that they back, to Blu-Ray high definition disc format. They know that in the long run, the physical media will be bypassed.

This is a bit off topic, but it is hopefully it is considered interesting nonetheless.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  2. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  3. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  4. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  5. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  6. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  7. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  8. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  9. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  10. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  11. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  12. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  13. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  14. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  15. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  16. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  17. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  18. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  19. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  20. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  21. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  22. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  23. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  24. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  25. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  26. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  27. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  28. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  29. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  30. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up


CoPilotCo

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

CoPilotCo

Recent Posts