Bonum Certa Men Certa

Patents Roundup: Twitter and Amazon, Microsoft and Apple, USPTO and SCOTUS



Summary: A collection of news about software patents and patents in general

THERE is troubling news from the embargo agency known as ITC, which helps one company attack another by means of a sanction. There are some more reports on this which highlight the relevance to software patents, including this one which says:



The ITC affirmed the Chief Administrative Law Judge's ruling earlier this year that Suprema, Inc. of South Korea and Mentalix, Inc. of Plano, Texas infringe Cross Match's hardware and software patents, further determining that Suprema actively induced others to infringe one of Cross Match's patents.


The ITC loves blocking Asian products at the behest of US companies such as Microsoft and Apple. Pressure is applied to them in the same way that US pressure is applied to Cuba. The 'sin'? Allegedly having similar ideas. How can anybody justify this?

In other news, Twitter, which opposes software patents, is being hit by another patent troll/parasite, just amid complaints from Amazon that it too has become a victim of the patent system:

BOOKSELLER AMAZON has had 11 patent lawsuits filed against it this year, according to a filing with US financial regulators.


The MSBBC covered this too:

Amazon has revealed that 11 companies have filed patent lawsuits against it since the start of the year - more than three times as many as in all of 2010.


From Amazon's original SEC filing:

Risks have been amplified by the increase in third parties whose sole or primary business is to assert such claims [...] our website technology, including our 1-Click ordering system, infringes a patent obtained by Cordance


Amazon has meanwhile been pushing for software patents in the EU and it is in no real position to complain. It also pays Microsoft for GNU/Linux servers and the Linux-based Kindle. The next Kindle too (based on Android) will allegedly be taxed by Microsoft. Amazon did not even put up a fight. Why is it that the press neglects to mention such stories for background? Amazon is not in a position to whine. Stallman is meanwhile quoted widely as saying that Jobs also made it a personal crusade to attack Android with software patents. It is not far fetched to assume that Larry Ellison did a favour to his "best friend" (by his own words) Steve Jobs by suing Android through Google.

The Wall Street Journal mentions the latest twist and IDG comments on the Oracle vs. Google case, which was delayed, by heckling Google, as one ought to expect. IDG has never been a Google-friendly platform.

Meanwhile, patent lawyers get a platform in the Washington Post and they sort of admit being the parasites coming at the expense of actual work. By one's own words:

But when patents cannot be understood, are difficult to obtain, or become nearly impossible to enforce, much of the money that would go toward research and development is spent on lawyers. These legal fees drastically increase the barriers to investment for a promising new idea, dulling America’s technological edge. The modern trend of bundling patents into large portfolios for sale on the open market further demonstrates how the patent market currently favors large corporations over the individual entrepreneur.

As a patent attorney, I am constantly meeting hopeful inventors who dream of securing a patent to protect their ideas. They have been told by potential investors that they need a patent before they are willing to invest in their technology. When I explain that a patent will cost upwards of $30,000 and take around five years to obtain, their hopes are dashed. The news only gets worse when I inform them that enforcing a patent is a multi-million dollar proposition. At that point, most simply give up.


Another paper is giving a platform to Microsoft's FUD against Android and promotion of software patents (there are some parts there about both). To quote the puff piece (Microsoft guest post essentially):

Microsoft attorney outlines Android patent tactics



[...]

Those patents (cover) individual features that have been created in a particularly inventive way by Microsoft and that have been recognized by the patent office. It's now being tested in court. It remains to be seen what courts say; they will be the ultimate arbiter. But we believe they're solid patents.



Guess who is is playing along? MSN, Microsoft's fake 'news' site. The Microsoft press on Apple's ridiculous patents that threaten Android is as shallow as one should expect. Compare it to this good piece which complains about a "broken" system:

Apple's Newly Awarded Patent and a Broken System



[...]

The result, in my humble opinion, is that the system is broken for the modern age and in need of an overhaul. Over the last few years I’ve seen patents, which were originally developed as a form of protection for an inventor, become a corrupted version of its original intent. Instead of protection they’re now used primarily as strategy and legal weaponry against competition. And the reason is the pure power behind it – a patent grants exclusive rights on the technology in question for 20 years.

Outside of basic patent trolling, there are a number of examples that can be cited here that illustrate the shambles that our patent system is now plagued with, but it was the most recent one that set me off this week. Just recently Apple, which is a perennial member of the patent lawsuit club, was just awarded patent 8,046,721 (7,657,849 is the same thing just older) by the good ol’ USPTO, entitled “Unlocking a device by performing gestures on an unlock image.” I’m going to let that one sink in for a second and let you read some of that patent I linked before the tirade that’s about to follow, divided cleanly into three (3) parts for your convenience. And before I get to it, let me put a disclaimer out there that I’m not a lawyer, nor do I have any formal legal education or professional experience.

You good? OK.


E.D. Kain asks, "Do Patents Kill Innovation?"

Of course they are killing innovation. Their goal was never innovation. It was documentation. "Patent office strained by time, staffing" reads a new headline from the Nashua Telegraph and one lawyers' site helps remind us that this problem is systemic because even SCOTUS won't do what needs to be done:

The Supreme Court's decision did not invalidate the multitude of business method patents already issued or threaten patent applications still pending. Rather, the court invited the Federal Circuit to consider the appropriate way to evaluate business method patents. Due to the lack of guidance from the courts, the time was perhaps ripe for intervention by Congress.


The patent system is harmful and it helps harm small players in particular. Something must be done about it.

Comments

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day