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

06.17.09

Patents Roundup: Where Microsoft Stands

Posted in Courtroom, Law, Microsoft, Patents at 12:15 pm by Dr. Roy Schestowitz

Driving licence

Summary: Microsoft’s future to revolve around licensing and litigation based on the latest observations

THIS is a quick report on the lesser-explored side of Microsoft — the one which FOSS-oriented Web sites tend to neglect or ignore, which is not a smart thing to do.

Microsoft on the Defence

Today’s report starts with this regret from Microsoft over the decision that costs them hundreds of millions (for a single lawsuit).

TO Microsoft, a $US368 million jury loss in California over its Outlook software provides an opportunity to argue in a federal appeals court that there should be greater limits on patent trial damage awards.

Microsoft is still hoping to reverse this decision.

Microsoft Corp. argued before an appeals court yesterday that its Outlook calendar date-picker tool did not infringe an Alcatel-Lucent patent and asked for a US$358-million jury verdict to be overturned.

Well, meanwhile, Microsoft got sued again. The nature of the infringement? Dynamic Web page generation.

A case started in a Texas district court at the end of May 2009, with Microsoft being sued for allegedly breaching two patents.

Here is more:

Parallel Networks filed suit late last week in the U.S. District Court for the Eastern District of Texas over two patents, United States Patent Nos. 5,894,554 and 6,415,335 B1. The company was granted the patents in 1999 and 2002, respectively, according to the court filing.

Being situated in the Eastern District of Texas is quite indicative of patent trolling. Here is another new case against Microsoft in the Eastern District of Texas. From the press release:

VirnetX Holding Corporation (NYSE Amex: VHC), a secure real-time communications and collaboration technology company, today announced that it has hired the law firm of McKool Smith to lead its ongoing litigation efforts in its patent infringement suit against Microsoft Corporation.

The suit against Microsoft was filed in the United States District Court for the Eastern District of Texas, Tyler Division on February 15, 2007. In the suit VirnetX claims Microsoft infringes on three of its patents and seeks both damages and injunctive relief. In June 2008, Microsoft’s Motion to Dismiss was denied while VirnetX’s subsequent motion to amend infringement contentions was granted. On February 17, 2009, a “Markman” hearing on claim construction was conducted and the Company is currently awaiting the Court’s order.

Microsoft on the Offense

Slashdot’s theodp is catching a lot of bad patents. He has just caught “Microsoft Trying to Patent Parallel Processing.”

theodp writes “Microsoft may have been a Johnny-come-lately when it comes to parallel programming, but that’s not stopping the software giant from trying to patent it. This week, the USPTO revealed that Microsoft has three additional parallel-processing patents pending — 1. Partitioning and Repartitioning for Data Parallel Operations, 2. Data Parallel Searching, and 3. Data Parallel Production and Consumption. Informing the USPTO that ‘Software programs have been written to run sequentially since the beginning days of software development,’ Microsoft adds there’s been a ‘[recent] shift away from sequential execution toward parallel execution.’ Before they grant the patents, let’s hope the USPTO gets a second opinion on the novelty of Microsoft’s parallel-processing patent claims.”

Glyn Moody seems rather appalled by this Microsoft patent:

Architecture for providing feedback to a viewer and/or contributor on fashion and other personal appearance decisions that the contributor desires. The contributor uploads self images for viewing and rating (or voting) by viewers who choose provide an opinion on different fashion and/or cosmetic looks of the contributor. The contributor takes images show the contributor presented with a number (e.g., two) of different fashion choices. The snapshots can then be processed for upload to a website or other accessible location by one or more viewers. The viewers can cast a vote for one of the images by selecting the desired image, in response to which the viewer and/or contributor will be presented with overall statistics for that set of images as to how other viewers voted, as well as a next set of photos depicting the user in a different fashion and/or cosmetic choice. This process can continue until terminated.

Microsoft bloggers are still questioning Microsoft’s prospects as a patent licensing company. The latest example:

Could Microsoft’s ability to produce intellectual property be the company’s future salvation? A few weeks ago I complained that Microsoft wasn’t innovating. Yet the book Burning the Ships talks of Microsoft’s burgeoning intellectual property treasure chest. How can both be true?

Some days ago we wrote about Microsoft's "IP Ventures". Here is the press release and more coverage of this:

Microsoft’s future seems to be very much hinged and reliant on intellectual monopolies that already cause unrest. Microsoft thinks of a business transition, but alas, this is unlikely to prove successful.

“Dear Commissioner: Along with many other computer scientists, I would like to ask you to reconsider the current policy of giving patents for computational processes.

“There are far better ways to protect the intellectual property rights of software developers than to take away their right to use fundamental building blocks.

“I find a considerable anxiety throughout the community of practicing computer scientists that decisions by the patent courts and the Patent and Trademark Office are making life much more difficult for programmers. ”

Donald Knuth

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. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  2. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  3. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  4. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  5. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  6. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  7. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  8. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  9. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  10. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  11. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  12. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  13. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  14. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  15. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  16. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  17. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  18. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  19. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  20. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  21. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  22. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  23. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  24. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  25. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  26. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  27. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  28. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong



  29. How Microsoft Handles Disasters: Grace Hopper Conference Has Been Infiltrated by "Microsoft Disaster Response"

    Free/Open Source software (FOSS) must be a disaster to Microsoft's bottom line because Microsoft is sending "Microsoft Disaster Response" to infiltrate and disrupt a conference about women in FOSS



  30. Links 8/10/2014: Gummersbach Moves to GNU/Linux, Docker Acquires Koality, KDE Frameworks 5.3

    Links for the day


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