Bonum Certa Men Certa

Mobile Patent Wars Merely a Symptom of a Broken Patent System

Broken home



Summary: An accumulation of the latest articles about the USPTO, its so-called 'reform', and the reality of patent aggression and trolls

JUST when the SCO case was coming to its very end, we were seeing a rise in patent attacks on Linux, not just copyright attacks. It was also when Linux became a leader in mobile platforms that the attacks truly soared, just as the attack from SCO started when GNU/Linux had gained rapidly on servers. The timing made sense because if someone claims 'damages' and demands royalties, it is reasonable to make sure the return is greater than litigation expenses.



Currently, Apple becomes a bit like SCO, as did Microsoft a few years ago. Apple is not invincible at all as it recently lost its main brand, Steve Jobs. Jay from the 451 Group speaks of lessons of SCO in his latest fine article which the editor summarised as follows:

SCO showed that convoluted contract, IP and other courtroom claims make for long, convoluted courtroom processes. Considering the SCO case in its totality, it seems the more the company relied on legal means to compete or limit other competitors, the further it strayed from users, consumers and its core business.


Yes, that sounds just like Apple and Microsoft. Apple is too busy trying to block the competition, so people can lose sight of Apple's future products; as for Microsoft, just watch what happened in the mobile arena. Microsoft was too busy filing patents; not much real work got done. Linux leapt ahead in the mean time and it is reported that Android does to Apple in tablets what it already did to it in phones. Fantastic! But we must not lose sight of the constant attacks on mobile Linux.

"But we must not lose sight of the constant attacks on mobile Linux."Red Hat's Open Source site features an article by Keith Bergelt and it focuses on the mobile patent wars that affect Linux. There are several platforms affected by this and they include MeeGo and WebOS, both of which were weakened recently. Patents had a little to do with it, based on numerous reports. "RIM Patents Rotating Keyboard Keys" we learn from a new article, so there is clearly quite a maze of patents being created not just by Microsoft's and Apple's cartel. It affects not only the United States because some of the patents are design related, not purely software (which is controversial too). The FSFE writes about software patents in Europe this week, deciphering the situation in Germany where Apple has most prominently been attacking Android.

There is an analysis from patent maximalists regarding the ruling that may weaken or eliminate a lot of software patents rather than one at a time (reexamination). To quote the part freely accessible to the public:

August 16, 2011, the Court of Appeals for the Federal Circuit (CAFC) issued its decision in CyberSource Corp. v. Retail Decisions, Inc., affirming patent-ineligibility of a reexamined software patent. The patent-in-dispute, U.S. Patent 6,029,154, is directed to detecting credit card fraud on the Internet and claims 2 and 3 were at issue. The court's reasoning recognized that software is still patent-eligible after Bilski, but held that the bar has been raised – which has important implications for the software industry.


Well, based on further analysis in the Oracle vs. Google case, even Google has started working towards the weakening of software patents. It's very important. Quoting Pogson:

Google has moved for summary judgment that using Java APIs is not copyright violation. Oracle has replied. Oracle is trying to persuade the court that APIs are protectable despite much legal precedent as far back as 1879:” the Supreme Court made clear that publication of a book that explains a particular accounting system gives the author no rights under the copyright laws to prevent others from using the system, as long as no protectable expression from the book is copied. Baker v. Selden, 101 U.S. 99 (1879); see also 17 U.S.C. €§ 102(b) (“In no case does copyright protection . . . extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.”). Oracle’s Java language books and API specifications give Oracle no greater rights to prevent implementation by others of the APIs using original code.”


Google is now in a position where the low cost advantage of its main operating system (RHEL, Chrome OS and Goobuntu aside) is in jeopardy. Even CNN has a new article on the subject, stating initially that:

If you feel like you've been seeing more news about patents than ever before, you have. In July, a consortium that included Apple, RIM and Microsoft made a move on Nortel's patent portfolio, outflanking Google. In August, Google hit back by proposing to acquire Motorola Mobility in a $12.5 billion deal, largely for its massive cache of patents. HTC and Apple continue to spar in court over patent infringements. And now, Kodak and InterDigital are being eyed for their intellectual assets. Patent lawsuits in the U.S. rose to 2,833 in 2010, up nearly 25% from a decade earlier, according to IP litigation research firm Lex Machina. The 2011 total will almost certainly be higher.

What exactly is going on? How did a seemingly sleepy subject like patents suddenly become an active fault line in American business?


Adding to this the presence of patent trolls like Acacia, it sure seems like the system has become a mess. According to this new article, this massive troll has just extorted yet another company. To quote:



Newport Beach-based Acacia Research Corp., which licenses patents for companies, reached a settlement and licensing agreement with Salt Lake City-based Internet retailer Overstock.com, the company announced Tuesday.

The agreement resolves litigation that was pending in the United States District Court for the Eastern District of Texas.


Jerry Brito, a senior research fellow at the Mercatus Center at George Mason University, spoke to Tim Lee on the subject of today's patent 'reform'. No real reform has yet been implemented, just a bogus one. The article "How Congress Just Failed to Fix America's Broken Patent System" has just been published in a reputable site which put forth the following idea:

The second thing you need to know is that the U.S. Patent and Trademark Office has been so neglected for so many years -- literally robbed of funds by Congress, which re-appropriated portions of the agency's budget for other purposes -- that the organization tasked with protecting America's technological and scientific assets labors with too few staff and a "20-year old technology infrastructure that does not even remotely enable it to take advantage of modern information technology."


Maybe this is why it has granted a monopoly to almost any patent applicant, which aided the patent trolls, helped patent lawyers make more money, and gave the mere illusion that innovation was on the rise. The latest reform does almost nothing to change this, so the mobile patent wars are probably here to stay for a while longer. We predict a growing level of backlash against the USPTO in years to come. It might suffer the same PR problem as the Federal Reserve.

Looking at Law.com, Ben Henrion finds this article titled "Patent Law's Passage Spurs Flood of New Complaints". It quotes Chaikovsky as saying: "At least in the short term, there's going to be a lot more patent litigation. That means litigators will be busy."

This new Patently-O Blog about "the International Harmonization of Patent Laws" led Henrion to warning about the "Combination of an English respect for precedent with a Germanic desire for consistency and uniformity" as "EPO 'caselaw".' To quote:

International harmonization has always been seen as a major purpose of the Leahy-Smith America Invents Act. Every country has its own patent structure as does the European Patent Office. Ongoing differences between the various countries add substantial transaction costs to the process of obtaining and enforcing patents. Many US companies would like European patents, but the prospect is often cost prohibitive.

Although disputed, most would agree that the Leahy-Smith's new filing-date focus moves the US closer an international patentability norm. Still, a number of important differences remain between US law and the laws in other major patent centers. As a result, the US law has not been internationally harmonized, but it has been shifted in that direction.


See our post about the ambitions to establish the interpol of patent systems. Microsoft craves it.

Comments

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
 
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day