Bonum Certa Men Certa

Patents Roundup: OIN Addresses Patent Trolls Issue, Public Patent Foundation Video, and More

Summary: News that matters, about intellectual monopolies

THIS is another quick rundown through the news. Included below are only reports that have some relevance to Free software in a land of monopolies on thought and applied ideas.

Patent Trolls



This year's LinuxTag contains a portion from OIN, which speaks about patent trolls, for a change. [via Digital Majority]

Patent Trolls are an ever-growing threat to global innovation. These IP aggregators purchase low-quality patents and use them as leverage to hijack potential revenue and profits from hardware and software companies, our largest economic driver. This causes entrepreneurs to reconsider launching companies, while CEOs devote more of their time and resources to managing intellectual property. New online and offline tools and services are becoming available to combat Patent Trolls and enable technology companies to focus on their core business.


Also worth a glance are the following new pages, which highlight the impact of patent trolling:

i. Distric Court Warns that 'Patentee's Time For Trolling' Will End Without More Definite Infringement Contention

In June 2008, DSC was given the source code to 8 of the accused software products, along with executable copies and operating manuals for the accused products. Despite having this information, DSC did not elaborate further on the PICs.


ii. Patent Litigation Weekly: PubPat and 'Patent Troll' Make Strange Bedfellows

Ravicher acknowledged that it seems strange for a lawyer affiliated with PubPat—even as a volunteer—to have gone so far as to set up his own patent-holding company and then sued a group of major Internet players.

"Dave, if you were to talk to him, he’d say software patents are good, and they incentivize innovation," says Ravicher. "Some people can’t be friends with people who disagree with them. But I’m friends with lots of people I have strenuous disagreements with."

Asked whether he surprised by his friend's involvement in the business colloquially known as "patent trolling," Ravicher pauses, and then laughs. "Nothing surprises me these days."


Software Patents



Microsoft is to pay damages for software patent infringement and Blackboard has just made another pledge, this time to "follow open standards more closely." Blackboard also made pledges regarding software patents, which it is using to injure its competition.

This week Blackboard’s new head of course-management software, Ray Henderson, sent a letter to customers pledging that the company will do more to follow industry software standards, and to participate more actively in their development.


Backed by Microsoft, Blackboard still threatens Free software using software patents [1, 2, 3, 4, 5, 6, 7, 8], so its behaviour is worth keeping an eye on.

Over in the UK, IPKat is "Wondering if the questions the EU Council of Ministers want to ask the ECJ about the unified patent litigation system have been made public" and in New Zealand it is a matter of urgency.

URGENT: Unlimited Software Patents In New Zealand. Act Now!



[...]

NZ government is about to pass a new Patents Act. In the 8-year review, they seemingly forgot to consider the impacts of patents on computer software! Submissions on the bill are being accepted till 2 July, so we need to move fast.


We wrote about the software patents situation in New Zealand about a week ago.

In the pro-intellectual monopolies Web site known as Law.com there is this rare criticism of software patents, which "hinder innovation," according to Daniel Ravicher.

But meanwhile, as Mullin notes, the former Ropes & Gray partner is also working closely to spearhead a litigation project with an old friend, Daniel Ravicher of the Public Patent Foundation--who has publicly proclaimed that software patents hinder innovation. Garrod is helping Public Patent file suits to block products from carrying false patent markings.


Speaking of the Public Patent Foundation, here is a video about it.



USPTO Madness





Direct link



Patents other than ones pertaining to software are causing unrest. Some lead to unnecessary deaths [1, 2], whereas others obstruct works of art. It turns out that Michael Jackson has a US patent. It's a patent on motion and dance moves. Shame on the USPTO for going this far with intellectual monopolies. Here is a patent site that has just called In Re Bilski (business method patents) "a Mess".

Claim: (Ex Parte Borenstein) A method for providing catalog information for presentation to a user of a store in an electronic commerce system, comprising the steps of . . .

BPAI: while the storage of information in independent claim 1 could arguably be done as a mental process, the recitation of a structured relationship between multiple stores that requires “path information” inherently implies that this information must be stored on a computer or database. This “particular” computer or database is sufficient structure to meet the machine prong of the machine-or-transformation test of In re Bilski. As independent claim 15 recites a computer program product, it is not a method claim that must be analyzed under In re Bilski.


Need anything else be said about ACTA, which takes patents to the extreme [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]?

IPWatch has this new report about the ACTA:

EU, US Consumer Groups Issue Resolution On Enforcement; Demand Role In ACTA



An international coalition of consumer groups has issued a resolution calling into question global enforcement policy and offering core principles for policymakers to consider in setting new enforcement standards.

The Trans Atlantic Consumer Dialogue on 18 June issued the resolution on the enforcement of copyright, trademarks, patents and other intellectual property rights. The TACD is a trade advisory body to the European Union and United States government, and brings together 80 member organisations from those regions, claiming a direct paid-up membership of some 20 million consumers.


Malfunction



As more signs of a system in state of distress (the EPO is already in a limbo [1, 2]), consider the renaissance of patent reexaminations, which are indicative of the granting of patents that should never have been granted in the first place.

Given this, it is certainly no surprise the patent infringement defendants have been using the reexam strategy more and more. The semiconductor field is no different. Two well known patent enforcers in the industry, Tessera and Rambus have seen their patents thrown into reexam by various parties that are the targets of their licensing programs. Furthermore, I have also seen evidence that courts are willing to stay litigation if a quick reexam request is filed in the Patent Office, though obviously this is very judge and district specific.


It speaks about hardware patents, where an ambush harmed the consumer. Nobody wins in this case and the same goes for patent-caused embargoes, such as this latest example:

The U.S. International Trade Commission issued a decision Wednesday that blocks the U.S. import of LCD panels and LCD televisions made by Sharp, ruling that the company violated a patent held by rival Samsung Electronics.


Here is another new example where patents stifle fair competition.

The IEEE is ready to jump into the patent pool game, and it is starting with a call for patents on power over Ethernet.

Via Licensing Corp. will act as administer of the pool. Via announced Monday it will work with the Open Patent Alliance to set up a separate patent pool for WiMax.


Patent pools are a farce and the notion of "call for patents" is ludicrous. What about small companies that have no patents? Can they not participate in the market?

Comments

Recent Techrights' Posts

Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
 
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day
Links 02/07/2025: Deep Microsoft Cuts, Macron Speaks to Putin
Links for the day
Confirmed: Microsoft Shutdowns Today, Not Only Mass Layoffs
"The Initiative is the only studio closure planned today, although some other teams have seen cuts of varying degrees."
Microsoft Windows Nosedives in Switzerland While GNU/Linux Leaps Above 6%
sooner or later they might have to make the move anyway
Anxiety at Microsoft: Many Workers (Maybe Over 10,000) Still Don't Know They're Being Laid Off Just Before US Independence Day
"Has anyone gotten the notification yet?"
Microsoft "Declined to Say How Many People Would be Laid Off," According to Associated Press
Some other prominent publications said they reached out for comment from Microsoft and received none
The X War is Over and the "Wayland People" Lost
People will gravitate towards what works for them
20 Years Since My Thesis
It's still online
GNU/Linux is Replacing Windows in Laptops/Desktops
The world will move on while Windows and Microsoft shrink
Now Comes the Expected Webspam, Framing Microsoft Layoffs as "Hey Hi" Success Story (False Marketing That's Piggybacking the Layoffs)
falsely marketed as "intelligence"
Hungary: Microsoft Windows Sinks to 17% "Market Share"
In many nations in Europe it seems like the era of Windows is coming to an end
Microsoft Media Operatives and Bill Epsteingate-Funded Sites Said Microsoft Lays Off 9,000, But Other Sites Say More (Including 2,300 in Redmond Alone)
We might never know the real number/s (Microsoft will keep the cards close to its chest) until there are leakers or unless there are whistleblowers with hard proof
Microsoft Layoffs in Spain, Portugal Record for GNU/Linux
in Portugal we see GNU/Linux at record levels
GNU/Linux Reaches All-Time High in the United States of America
Windows is trending down
Yes, Microsoft is Again Using Its Favourite Liars (Stenographers) to Seed Fake Layoff Numbers, Much Lower Than What's Really Happening
It is Jordan Novet again, just as we predicted
Will Microsoft Once Again Choose Its Favourite Liar to Spread Lies About Today's Layoffs, Quickly to be Replicated and Spread by Slopfarms?
What lies is Microsoft briefing its media moles to tell today?
"OSS Fetishism" Wins After Ferenc Zsolt Szabó Ousted (Microsoft Mole From Capgemini)
Many people said 2025 would be the "year of Linux on the desktop"
There is Nothing That LLMs Can Offer Honest People
LLMs are a passing fad; they're expensive and offer poor "value" for energy; they usually offer no value at all unless you are a cheater, spammer, and liar
What statCounter Shows Today Helps Explain Microsoft's Helplessness, Mass Layoffs
Since many US journalists are already away on holiday almost nobody will dare ask the difficult questions or give a voice to whistleblowers
Microsoft Gets the Chop in South America
The notion of digital sovereignty gained a lot of popularity
Europe Has an 'Exit'
Let's see what happens the rest of this year
El Presidente Talks, Canada Walks (Away From Windows)
GNU/Linux rising
Cities in France and Germany Move to GNU/Linux and statCounter Detects Big Differences
Will governments lead by example?
Microsoft Lost Its Foothold in Africa
How many of these are "old" Windows machines converted to GNU/Linux? Probably a lot.
Led by Europe, GNU/Linux Makes Big Gains This Month
statCounter started showing new/fresh stats
Links 02/07/2025: Massive Microsoft Layoffs About to Commence, "Tesla's Robotaxi Program Is Failing"
Links for the day
Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day