Bonum Certa Men Certa

Patents Roundup: Bilski, Sun, Telecom, and Apple

End of Software Patents Near?



A couple of important court decisions may constitute a change of law, but it's too early to tell for sure. Bilski is due very soon and the SSP Web site suggests that immense lobbying is likely to ensue.

The outcome of the Bilski case, which should be published in October, might invalidate software patents in the United States:

Plager said he regretted the unintended consequences of the decisions in State Street Bank and AT&T. Those rulings led to a flood of applications for software and business method patents, he noted. If we “rethink the breadth of patentable subject matter,” he said, we should ask whether these categories should be excluded from patent protection.


If the CAFC are clever enough to follow the Supreme Court and kick software patents out, you might see the desperate large corporations and their patent department rushing to Congress. Especially if tomorrow the banks value their patent portfolio as void, and not useful to get any credit.


This month will be a fascinating one not just because of the many major releases of GNU/Linux (Mandriva 2009 is due any day now).

Sun-NetApp



Here is another potential victory for Sun Microsystems, which battles a software patent lawsuit targeted at an open source project.

Sun is crowing that a judicial ruling in the NetApp_Sun IP lawsuit has effectively invalidated another NetApp patent. The US Patent Office also appears to be rejecting NetApp's key patents in the law suit. NetApp's position looks like it's crumbling.

The dispute began with NetApp claiming that Sun's free distribution of its ZFS technology infringes NetApp's six patents for its WAFL (Write Anywhere File Layout) technology. WAFL is a core component of NetApp's SAN and filer products.


Groklaw has some more pertinent details about this case, which it has followed since the very start.

There's news from the NetApp-Sun patent litigation front, and I think you'll like it. Sun's general counsel, Mike Dillon, posts the news that the US Patent Office has now responded to all six of Sun's reexamination requests, which they filed based on prior art. We've been waiting for the order on the reexamination from the USPTO on the claims of '292. Dillon's the lawyer, not me, and he says the USPTO has now rejected all the '292 claims, but I'd describe it from the Order [PDF] from the USPTO more that it found that the prior art "raises a substantial new questions of patentability" as to the claims. This isn't yet the end of the process, but it's still very good news for Sun, no matter how you describe it.


Telecom



Why have software patents if they won't be used offensively, i.e. for profit? Why have software patents if they are only ever bound to a cross-licensing agreement (or a set of them)? Why even 'defend' a software patent if, as Comcast and Verizon now show, it's better to call off the fight and issue a cease-fire? The following report makes one wonder if there was ever a true need for this type of patents in the first place.

Comcast and Verizon Communications have inked a deal under which the two companies have agreed to not sue each other over patent claims for a period of five years, according to company sources and published reports.


Ensuring fair competition using software patents is like ensuring public safety by distributing pistols for citizens to 'protect' themselves. Some weapons -- whether real, physical, perceived or 'intellectual' -- are just not worth having; having already got them in the US, they are simply worth burying (disarmament). The United States and the Soviet Union learned this the hard way after the Cold War.

Here is another fruitless patent lawsuit in telecom.

Verizon, which was seeking $404 million in damages against Cox, filed the infringement case against Cox early this year after winning a patent infringement case against VoIP provider Vonage Holdings. Verizon's original filing against Cox cited patents it had exerted against Vonage, but it isn't clear from media reports whether the Verizon-Vonage patents figured in the final Verizon-Cox decision.


This is innovation?

Delusions of Innovation



FFII points out that these notorious illusions around patents are likely to be coming from lawyers and it also warns about certain publications that strive to change public perceptions in favour of software patents.

The website LinuxInsider.com, closely associated with Technewsworld.com and Macnewsworld.com, has for a long time been an object of complaints. Writers at Groklaw et al treat it as a "Linux FUD site". Recently it published lots of pro-software-patent commentaries, alongside with "neutral" news reports in which the anti-swpat-arguments are invented by the writer (no sources given) and of poor quality, whereas the pro arguments consist of extensive quotes from lawyers who usually have the last word.


This one particular Web site, LinuxInsider (its siblings new aside), was once an innocent domain, but it then got acquired by ECT only to be filled with Linux haters like pseudonym 'Paul Murphy' and Rob Enderle.

Bad Apple



Regardless of Apple's products -- whether readers of BN like them or not -- its record with respect to software patents is pretty bad if not appalling. It keeps getting worse.

Steve Jobs Patents 'The Dock'



"If you're a PC, you may be unfamiliar with The Dock, the bar of icons that sits at the bottom or side of a Mac and provides easy access to Apple applications. But don't count on it becoming a standard on the PC. On Tuesday, the USPTO awarded Apple — and inventor Steve Jobs — a patent for their User Interface for Providing Consolidation and Access, aka 'The Dock,' after a rather lengthy nine-year wait."


Apple did not invent the concept of "The Dock." It merely extended and enhanced existing ideas. That's how most so-called 'inventions' come about -- through inspiration. But Apple doesn't care. It might as well just ruin Free software projects due to its greed for patents.

Comments

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
 
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day