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. Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

    A mishmash of news about patents, mostly regarding the United States, and what can be deduced at the moment



  2. Links 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  3. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  4. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  5. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  6. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  7. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  8. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  9. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  10. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  11. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  12. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  13. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  14. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  15. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  16. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  17. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  18. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  19. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  20. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents



  21. EPO Self-Censorship by IP Kat or Just Censorship of Opinions That IP Kat Does Not Share/Accept (Updated)

    ree speech when it's needed the most (EPO scandals) needs to be respected; or why IP Kat shoots itself in the foot and helps the EPO's management by 'sanitising' comments



  22. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



  23. Links 21/6/2016: GNU/Linux in China's HPC, Linux 4.7 RC4

    Links for the day



  24. Under Battistelli's Regime the EPO is a Lawless, Dark Place

    How the EPO's Investigative Unit (IU) and Control Risks Group (CRG), which is connected to the Stasi through Desa, made the EPO virtually indistinguishable from East Germany (coat of arms/emblem above)



  25. New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

    Dr. Ingve Björn Stjerna's latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives



  26. Money Flying to Private Companies Without Tenders at Battistelli's EPO (by the Tens of Millions!)

    Extravagant and cushy contracts to the tune of tens of millions of Euros are being issued without public scrutiny and without opportunities to competition (few corporations easily score cushy EPO contracts while illusion of tendering persists -- for small jobs only)



  27. Patent Examiners and Insiders Acknowledge Profound Demise in Patent Quality Under Battistelli

    By lowering the quality of patents granted by the European Patent Office Battistelli hopes to create an illusion of success, where success is not measured properly and is assessed by biased firms which he finances



  28. Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

    A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US



  29. How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

    A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it



  30. Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

    A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers


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