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

05.17.10

Microsoft Settles With VirnetX After Patent Violations, is i4i Next?

Posted in Courtroom, GNU/Linux, Google, Microsoft, Patents at 3:28 pm by Dr. Roy Schestowitz

Eyes

Summary: TiVo loses and Microsoft is losing in a major way after violations that it sometimes willfully commits; Microsoft’s patent attack on Android revisited

SEVERAL months ago Microsoft sued TiVo for patent infringement (TiVo is known for its use of Linux) after TiVo had resorted to patent aggression. According to Reuters, TiVo has just suffered a setback which TechDirt explains by saying that “Appeals Court Vacates TiVo’s Big Patent Win Over Echostar”:

Shares of TiVo fell as much as 42 percent on Friday after an appeals court set aside the company’s win in a patent battle over digital video recorders with rivals Dish and EchoStar.

 

TiVo’s lawsuit against EchoStar for patent infringement has been a mostly one-sided affair. TiVo appeared to win at every turn, to the point that there were stories suggesting EchoStar would have to start blocking the use of its own DVR. TiVo had celebrated these victories by suing others as well, and demanding ridiculous sums of money from EchoStar. Of course, it seemed odd to us that, while all of this was happening, the US Patent Office was admitting the patents might not be valid. Oops.

The more relevant news (to us) is probably about Microsoft though. Microsoft has just agreed to pay $200 million to settle its case with/against VirnetX.

“There’s a quote in Comes about MS don’t license other people’s patents,” told us a reader who mailed us with the latest news about VirnetX [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].

Microsoft Corp will pay $200 million to VirnetX Holding Corp and obtain a patent license to settle litigation accusing it of infringing two patents for communicating over the Internet.

As we mentioned the other day, there are important developments in another patent case. Here is the press release about I4i vs Microsoft and a lot of coverage from Microsoft sites, the ‘Microsoft press’, and a variety of other sources with a lesser or greater degree of interest in Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. The Register summarises it as follows:

Microsoft’s request to have the patent claim it brought against Canadian software maker i4i examined has been thrown out by the US Patent and Trademark Office (USPTO).

i4i said it was pleased that all the claims of US patent number 5,787,449 that belong to the company came out unscathed following a re-examination called for by Microsoft.

i4i has already told the British press that it would not settle with Microsoft. Will it change its mind? Was it playing hard to get? Microsoft sure does settle.

Again we emphasise that Microsoft is not the victim because it probably suffocates rivals to make billions of dollars using software patents (or the SCO case), which should not exist in the first place. Microsoft’s latest Linux-using victim is HTC (it was reported as a settlement, as opposed to an agreement). “HTC Will Pay Royalty To Microsoft For Using Android,” says this newer article.

The operating system of Microsoft is Windows. The license to use Windows on their cell phones many mobile manufacturers are being given the licence by Microsoft. Microsoft did not reveal what would be the amount of royalties that HTC is going to pay.

One prominent blogger asks, “Does Android Have a Target on its Back?”

Android is the hot smartphone platform currently, and that means the competition has it squarely in its sights. Apple fired the first salvo with its patent infringement claims against HTC. HTC is the largest maker of Android phones, so the suit is a shot across the bow of Android. Then we had HTC sign a deal with Microsoft that gives the handset maker protection over potential infringement of Redmond’s intellectual property (IP) for all Android handsets sold. No matter what you think about Apple’s claims, the HTC deal with Microsoft may have the biggest long-term impact on Android.

We will write about Apple’s case again HTC a little later. Basically, Linux/Android is doing very well, so all that Microsoft and Apple have left is litigation and intimidation (to settle without litigation).

Just how well is the Linux-based Android doing? We wrote about it in the morning (twice even [1, 2]). Watch how the 'Microsoft press' belittles it somewhat using NPD figures (there is a Microsoft connection). The following numbers are US-only, but the Microsoft sources do not state this. Moreover, they quote former Microsoft employee and current shill Michael Gartenberg without disclosure [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12].

The open source Android smartphhone market just hit a milestone of sorts: it surpassed the iPhone in popularity, moving into the second overall spot behind industry leader RIM OS (BlackBerry).

NPD numbers are worthless. The numbers worth paying attetion to are based on whole numbers as opposed to US-only extrapolation from friends of Microsoft, reported poorly with quotes from Microsoft boosters who receive money from Microsoft. That’s the sort of media corruption that we mentioned earlier today.

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. Links 20/7/2019: Weston 7.0 Alpha, Nageru 1.9.0

    Links for the day



  2. Companies That Collapse Because the European Patent Office (EPO) Gave Them Fake Patents in a Hurry

    False hopes and false promises won’t do any favours to European Patents, whose legal certainty suffers because Campinos and Battistelli measure nothing but ‘production’ (quantity) rather than quality of patents



  3. Slack Committed a Very Major Crime That Can Cost Many Billions If Not Trillions in Damages for Years to Come

    The inevitable has happened to Slack, which no longer deserves to exist as a company; moreover, the people who ran the company must be held criminally accountable



  4. Demand for European Patents Will Continue to Decrease If a Lot of European Patents Turn Out to be Invalid, Worthless

    The EPO's abandonment of patent justice and quality (in pursuit of so-called 'production' targets) is likely to doom the Office as the whole or render it vastly less relevant to the rest of the world



  5. 35 U.S.C. § 101 Still in Tact in the United States and Software Patents Rot Away

    The United States, where the number of granted patents decreased last year, becomes more productive; there are more signs that patent maximalism (patent litigation, patent scope etc.) has receded



  6. Links 19/7/2019: Deepin 15.11 and GNU/Linux Back on GPD MicroPC

    Links for the day



  7. Violence is Not Free Speech and Laws Exist Against Violence

    Free speech is certainly under attack and the debate is being framed within the context of Nazism; but this overlooks the fact that there are actual death threats and calls for genocide in the mix



  8. Links 19/7/2019: Oracle Linux 8.0, Latte Dock 0.9 Beta and PCLinuxOS KDE Darkstar 2019.07

    Links for the day



  9. Why Does Jim Zemlin Publicly Congratulate Microsoft?

    The signs aren't particularly encouraging when one considers that the leadership of the Linux Foundation is a fan of Microsoft and sometimes connected to Microsoft



  10. 2 Days Later (Case in Progress) and Still Media Silence About G 2/19

    The very legitimacy of years' worth of rulings and the EPO's abusive attacks on judges are under the microscope; but the media isn't paying any attention, perhaps deliberately



  11. The 'Linux' Foundation is Acting Like a Microsoft ISV Now, Commitment to Linux and FOSS Deteriorates Even Further

    The Linux Foundation has just announced a new Microsoft-funded initiative that's pushing GitHub and CLAs (passing copyrights on code to corporations)



  12. Links 18/7/2019: OPNsense 19.7, Krita 4.2.3 and KDevelop 5.3.3 Released

    Links for the day



  13. Index: G 2/19 (Enlarged Board of Appeal, EPO)

    G 2/19 (Enlarged Board of Appeal, EPO)



  14. EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

    "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."



  15. Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

    The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout



  16. Librethreat Database Updated

    Database which keeps track of variants of attack vectors on Free/libre software now includes two more forms of threat



  17. A Look Back (and Forward) at Friendly Programming

    Historical perspective on computer languages and how to do better



  18. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  19. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  20. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  21. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  22. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  23. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  24. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  25. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  26. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  27. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  28. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  29. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  30. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day


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