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

03.11.10

Patents Roundup: Microsoft, Apple, Nokia, Monsanto, Pfizer, and ACTA

Posted in Apple, Microsoft, Patents at 2:52 am by Dr. Roy Schestowitz

Summary: This is a list of news items of interest to Free software supporters

Ex-Sun Chief Dishes Dirt On Gates, Jobs (covered yesterday)

Bill Gates and Steve Jobs wanted to sue Sun

Ex-Sun boss punts Apple-Microsoft-world ‘tried to sue me’ missive

Judge puts Apple-Nokia case on hold (this case was covered in [1, 2, 3, 4, 5, 6, 7, 8, 9])

A JUDGE has put the Apple and Nokia legal battle on hold.

The move is to give the feds a chance to investigate the matter, which involves patent infringement claims from both Nokia and Apple.

US judge Puts Apple-Nokia Legal Battle on Hold

A US federal judge has put the Apple-Nokia legal battle on hold, until the feds get their chance to investigate into the whole matter that seems to have tangled itself to no end. The federal agency will scrutinize the details of the case, which involves patent infringement claims.

Nokia files a mobile device power patent (hardware patent, but Nokia favours software patents too)

Microsoft battles an alleged patent troll (more on VirnetX in [1, 2, 3, 4, 5, 6])

SOFTWARE BULLY Microsoft threw its toys out of the pram in court yesterday at the beginning of the jury trial against Virnetx.

According to the Seatle PI, the Vole said that Virnetx only existed to sue it and would collapse if the court case failed.

In his opening statement, Virnetx attorney Douglas Cawley told the jury that the inventors of an automatic vitual private network (VPN) technology for the CIA, SAIC employees Edmund “Gif” Munger and Bob Short, obtained patents and shopped around, trying to get companies to purchase their technology.

Blu-ray licensing cartel starts operation

AFTER HAVING LAUNCHED exclusively by a few companies, Blu-ray is about to be licensed to the world plus dog but don’t expect prices to drop.

[...]

Interested parties are also free to negotiate separate license agreements, rather than taking a single portfolio license, with each of the four companies, which have committed to provide such licenses for their respective essential patents under fair, reasonable and nondiscriminatory terms and conditions., the outfit said.

‘Soy far, soy good’ for Argentine importers (Glyn Moody adds that “Monsanto [is] slapped down by EU on GM soya”; also see [1, 2, 3, 4, 5, 6, 7, 8])

It’s available in various official European Union languages, including Latvian, but not in English. Still, with the help of his friends, the IPKat has been able to piece together the deeper inner meaning of Advocate General Mengozzi’s Opinion in Case C-428/08 Monsanto Technology LLC v Cefetra BV and others, a reference to the Court of Justice of the European Union for a preliminary ruling from the Dutch Rechtbank ‘s‑Gravenhage.

Right: Monsanto’s latest genetically modified bean?

From the talented Stephanie Bodoni (Bloomberg) the IPKat learns that the Advocate General is advising the Court of Justice to rule that Monsanto, the world’s biggest seed company, can’t rely on a European patent for its Roundup Ready soybeans as it seeks to block imports of soy meal from Argentina. This is because the European patent for the trait that makes soybeans resistant to some herbicides doesn’t extend to soy meal made from the patented seeds.

Argentina, the world’s third-biggest soybean exporter after Brazil and the US, is one of the few countries where Monsanto does not hold a patent on the herbicide-resistant seeds. However, a ruling that Monsanto’s European patent is enforceable would let it block those imports.

The USPTO-Pfizer collaboration to change India’s laws on patents and test data (this is essentially murder with patents)

The United States Patent and Trademark Office has a joint program with Pfizer to fund and manage seminars in India on “misconceptions of evergreening” and “the importance of regulatory data protection and patent linkage.” KEI has submitted a FOIA request to USPTO on this topic, and received a small installment of documents on Friday. Attached to this blog are 4 pages of documents that we received from two meetings held in Mumbai, India on September 9, 2009. Ten journalists and 15 NGOs attended the meetings. The USPTO and Pfizer each paid $3,190 for the days events ($6,380 total).

USTR pressures Taiwan on pricing and reimbursement of pharmaceuticals and medical devices

US Government Working With Pharma Companies To Raise Drug Prices In Other Countries

Then, over in India, it appears that the USPTO is putting on co-branded events with Pfizer about drugs, health care and patents. Along with this, Love points to growing concerns from folks in India about a project between George Washington University and various pharmaceutical companies to “train” Indian politicians and judges on the importance of patents in pharma. Except, of course, that’s very much in dispute. Many studies have shown that patents on pharma do more harm than good — especially in countries with big healthcare issues.

If You’re Going To Sue For Patent Infringement, It Helps To Say What Actually Infringes

Last year, we wrote about a guy, Greg Bender, who holds a patent (5,103,188) on a “buffered transconductance amplifier,” that he’s decided is infringed upon by pretty much any electronics device.

Vaguely Identified Devices in Patent Complaint Fails Twombly

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” If a complaint fails to satisfy Rule 8, it “must be dismissed” under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). To survive a motion to dismiss, the plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.”

KEI looks at USTR letter to Wyden, and conflicts between ACTA and patent reform (thus the great relevance of ACTA to Free software)

On January 6, 2010, Senator Ron Wyden sent a letter to the USTR asking a number of questions about the U.S. negotiating objectives in ACTA. On February 28, 2010, USTR responded. The USTR response focused mostly on the official U.S. “asks,” rather than the state of the negotiating text, which also reflects also the views of other parties. For this reason, the USTR letter to Wyden only tells part of the story about what ACTA may do.

On March 1, 2010, a European Union document leaked discloses several key sections of the ACTA text, including those relating to damages, injunctions, provisional measures and the Internet. This note highlights a few issues in the USTR letter to Wyden, in the context of what is known so far about the ACTA negotiating text.
Patents included in ACTA

USTR is now acknowledging, for the first time, that the U.S. has asked that patents be included in ACTA. In briefings in 2009, USTR said the US only wanted ACTA to cover trademarks and copyrights, and that it was the position of the European Union to include patents and other types of intellectual property. The leaked EU analysis reported the US had supported including “all intellectual property” in the civil enforcement sections of ACTA, and this is now finally acknowledged by USTR. It is unclear why the USTR had said the opposite in several briefings to Congress and the NGOs in 2009.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. Summer of Code or Nuclear Winter?

    2 'seasons' or 2 'flavours' of PR charades; can we seriously trust companies that fight against freedom to somehow guard Free software and 'manage' communities that are stewards of key Free software projects?



  2. International Business Machines and the 1941 Watson Letter Which Refutes IBM Denials

    The letter revealed by Mr. Black (researcher and investigative author of these long-suppressed matters) shows that the co-founder of IBM knew what was going on and what he was profiting from (until it became a potential PR disaster for IBM as the Unites States entered the war)



  3. The Real 'Pee-gate' Was on External (Portable) Media of Bill Gates' Engineer, Arrested Over Pedophilia at the Gates Mansion

    We let readers use their imagination (we don’t have access to the files, just the filenames from the police report/FOIA) to figure out what was in “D:\Alexey&Garik_Pissing_004.jpg, D:\Ivan_Pissing_003.jpg, D:\Ivan_Pissing_006.jpg, D:\Raul_Pissing_003.jpg, D:\Raul_Pissing_005.jpg, D:\Yaroslav_Pissing_001.jpg” among other such files on other machines and drives (Case Reference: 14-22121 Item 6_CD label 2 in Seattle Police Department; this could be copied to any machine, anywhere, because it is external, portable media without journaling.)



  4. Links 14/8/2020: GNUnet 0.13.2, Mesa 20.2 RC2

    Links for the day



  5. OK, Melinda...

    Teaching children about sex at the age of seven may seem controversial to most people, but not the Gates family



  6. High-Level Criminals Associate Privacy With Crime Because They Want Privacy Only for Themselves (Control But No Accountability)

    Tyrannical tendencies from the non-scientist who tries to paint himself as Mr. “science” (Jeffrey Epstein tried to do exactly the same thing, which is why he and Gates paid universities) are bare naked for everybody to see



  7. It Was Mozilla -- Not Google (or Chrome) -- That Liberated the World Wide Web From MSIE Monoculture and O/S Vendor Lock-in, But Firefox is Likely Dying

    Mozilla's attitude towards software freedom, privacy, and the most widely used free/libre operating system (O/S) isn't helping the "protected media" (DRM) Fox because its biggest selling point is becoming outdated/irrelevant/neglected



  8. Ars Technica, ZDNet and Bleeping Nonsense Still Misreporting to Blame 'Linux' for Malware One Can Merely Add to Linux (Distracting From Systems With Back Doors, Such as Windows)

    A revised (spun) 'report' that we alluded to last night is spreading to more sites today or overnight; but it's totally distorting the situation to make "Linux" seem a lot more dangerous than it really is



  9. DistroTube Does a Richard Stallman

    A video published yesterday in various sites



  10. Reporting Facts is Never a Crime (It Must Not Become That Way)

    The two-party political system in the United States is racing towards bipartisan (transcending perceived 'wings') rejection of free press, which won't be on the ballot box except for "third" parties; it's a real problem because it's designed to weaken if not obliterate accountability



  11. IRC Proceedings: Thursday, August 13, 2020

    IRC logs for Thursday, August 13, 2020



  12. [Meme] Linux Foundation and ZDNet Openwashing Proprietary Mass Surveillance (for a Fee!)

    The Linux Foundation and ZDNet tell us that Facebook is “open” (because it pays for that openwashing); the Foundation’s love of mass surveillance and spin regarding such surveillance is reaching new heights for the Foundation, clearly misusing the “Linux” brand, is rapidly becoming a leading voice for malicious surveillance companies that need openwashing to merely seem or feel “ethical”



  13. [Meme] IBM and Its Shakeups (Shaking up of the Earth)

    The Linux Foundation helps IBM seed shallow press coverage [1-6] about how IBM supposedly ‘saves the world from earthquakes’ 75 years after atomic bombs were dropped on Japan (after IBM had helped develop these), causing earthquakes-like effects and deaths of hundreds of thousands of people



  14. Backup: KIRO Report About Arrest of Rick Allen Jones

    We're making a mirror of this report as the media never touches the topic anymore



  15. Promoting False Perspectives and Narratives About GNU/Linux to Let Microsoft Dominate/Control Everything (Sometimes Quite Cynically in the Name of 'Security' or 'Responsibility')

    Microsoft's "perception management" games are progressing and are finding their way into official blogs of supposed 'competitors' like Canonical and SUSE



  16. Links 13/8/2020: New LibreOffice 6.4.x, Linspire 9.0, Endless OS 3.8.5

    Links for the day



  17. The National Center for Missing and Exploited Children (NCMEC) Identified Some of the Children in the Pornographic 'Stash' of Bill Gates' Engineer

    Today we carefully and responsibly disclose just 9 pages (out of about 2700 pages) with slightly redacted samples and a handful of exemptions to show what Bill Gates' engineer was amassing, including identified kids (known to NCMEC)



  18. A Red Hat Response to Factual Information About Red Hat

    So far we've seen only Red Hat employees blasting our articles about Red Hat/IBM and the responses lack any substance, just name-calling (so we must be on the right track; there's no refutation so far)



  19. Always Look for Stories the Media is Suppressing and Hiding

    Based upon closer scrutiny of the Jones case (engineer of Bill Gates arrested for pedophilia at the Gates mansion), the sentence he received is incredibly negligible or close to nothing (for possession and sharing/dissemination of massive troves of child pornography, typically leading to many years in prison), so we’re closely examining if he’s still working and whether he still works for Bill and Melinda (more FOIA requests may be necessary)



  20. On Web Servers, Microsoft's Collapse Continues More Rapidly Under COVID (a Million Domains Lost in the Past Month)

    Even though the Microsoft-sponsored media repeatedly refuses (or strangely enough just 'fails') to report on it, the days of Microsoft's IIS are likely numbered; it won't be long before less than a million computers run it



  21. Canonical is Boosting Microsoft's Proprietary Software With Extensive Surveillance

    Canonical’s commitment to Free software barely exists; with so-called “Apps” and “Snaps” and “Stores” we’re seeing a gradual transition to — and acceptance of — blobs and DRM, including Microsoft lock-in inside Ubuntu



  22. IRC Proceedings: Wednesday, August 12, 2020

    IRC logs for Wednesday, August 12, 2020



  23. Harfbuzz Joins LibFFI, Zlib1g in Dragging GNOME, All Free Software Towards Microsoft

    "...I don’t want to help them help Microsoft control my computing by proxy — by controlling the development platform itself"



  24. Links 12/8/2020: Go 1.15, LibreOffice 7.0 Downloaded About Half a Million Times, LibreELEC (Leia) 9.2.4

    Links for the day



  25. Mega Setup, Mini Budget

    For a sum total of under £800 (eight hundred British pounds are about USD/$1043) one can piece together a versatile working environment (my latest additions, as of 5 days ago, are the 4 plastic plants)



  26. Twitter Appears to Have Taken Vendor/Platform Lock-in up Another Notch, Having Become Almost as Malicious as Facebook

    Twitter jumped the shark



  27. IRC Proceedings: Tuesday, August 11, 2020

    IRC logs for Tuesday, August 11, 2020



  28. Infographic by Marcia Wilbur: Where's My Refund?!

    Tweet by Marcia Wilbur:



  29. Links 12/8/2020: New GNU Emacs, GXml-0.20, WordPress 5.5, and Mozilla is Laying off 250 Staff

    Links for the day



  30. You Just Know Somebody is in a State of Retreat When the Strategy Becomes to Discredit One's Critics (or Collectively Paint Them All as Wrong/Crazy)

    A goulash of bullcrap from Bill Gates doesn't add up; it seems like his media strategy has warped (or fallen back) onto discrediting his critics as though they don't exist, don't know anything, or are simply jealous


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

Recent Posts