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

01.06.12

In the Age of Defective Patent Systems, Google Receives Patents to Defend Android From Lawsuits

Posted in Apple, Europe, GNU/Linux, Google, IBM, Microsoft, Patents at 7:12 pm by Dr. Roy Schestowitz

Linux proponents unite against proprietary aggressors

Soccer

Summary: A roundup of patent news about Android/Linux and some of the latest events that relate to it

THE decline of Windows Mobile and all of its other identities (Microsoft keeps Sevenwashing it) has been so rapid that Windows is now a 1% player in a market that keeps growing and growing.

“Windows Phone reaps what it sows” says one journalist who explains it as follows:

Misunderstood, mocked by its competitors, blocked from the market, and little used by the average user.

Ten years ago, this would have been a harsh but fair description of Linux. Today, however, it’s seems perfectly apt to use these labels to describe a completely different bit of technology: the Windows Phone operating system.

Even Nokia cannot save Windows (on mobile phones), so all that Microsoft can do now is become a leech through patents, e.g. via MOSAID and its patent extortion operations (notably Android “licensing”). In this age of many lawsuits that we find in the news all the time we realise that this problem is systemic too. After all, Apple too uses a similar strategy.

Looking at the USPTO for a moment, Matt Asay notes that:

2011: new record in patent grants, tied to Obama’s PTO chief not increased filings zite.to/y1nABx <Cue Talking Heads “Road to Nowhere”

Glyn Moody’s remark on the same report is sarcastic:

because what the world needs is lots more intellectual monopolies

James Love (of KEI) says:

During patent reform legislation, WH claimed low quality patents are problems. But USPTO just issued a record number.

The FFII asks James: “How do they measure patent quality in the US?”

Here is the report they all link to. It’s from a pro-patents circle, known to many as Patently-O (Dennis D. Crouch), and it says:

The USPTO issued more utility patents in calendar year 2011 than in any year in history. The 2011 total – just shy of 225,000 issued patents – is only a small increase over 2010, but towers above all other historic figures. The previous record was set in 2006 with about 173,000 issued utility patents. The dramatic rise in issuance rate is not tied directly to an increase in filings (although there has been a small increase in new application filings). Rather, the two-year increase appears to be the result of regime changes instituted by USPTO Director David Kappos who took office mid-year 2009 after being nominated by President Barack Obama.

the USPTO is a bubble and a sham. The sooner people realise this, the sooner it will be toppled. It serves a conspiracy of monopolies, parasites, and patent lawyers who drive up the price of everything and deny the entry of new competition into the market.

When in the news we see searching as a patent and even business methods as a monopoly we cannot help feeling that one productive response would be to expose the system, not just pertinent companies that exploit it to the extremes and harm Free software more than anything else. The USPTO is very dangerous at all levels because there are lobbyists who use the “USPTO model” to expand this same model to other countries. This include the UK-IPO that we have here in England. As one person puts it, “All in the American mind? US and UK take different approaches to assessing mental act exclusions”; if the unitary patent is passed through, the US may have the whole EU (EPO) assimilate to the USPTO. Already, some software patents are being approved in the UK. This is a new example from the news:

Image processing software not excluded from patentability, IPO rules

An IPO examiner had previously ruled that the invention was excluded from patentability on the grounds that the invention consisted solely of a computer program. Hewlett Packard, the company trying to patent the invention, appealed against the examiner’s ruling and the hearing officer has now upheld that appeal on the basis that the invention uses mathematical techniques that are sufficiently technical in nature to avoid being excluded from patentability.

Under the UK’s Patents Act inventions must be new, take an inventive step that is not obvious and be useful to industry in order to qualify for patent protection. An invention cannot be patented, according to the Act, if it is “a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer … as such”.

Henrion from the FFII writes that:

The problem with the patent system at the moment is that it’s being applied to intangibles: software and user interfaces­

Here is one new example of it:

Lakeside Software, a leader in business intelligence solutions for IT professionals, today announced that the company has expanded its patent portfolio with the granting of a patent for the management of data across multiple computer systems.

Data too has patents on it now? How far will this go? And how abstract a computation is going to be deemed patentable? Oracle pushed copyrights and patents to the edge when it suggested that APIs too can be patented, which they probably can in the US.

We already know that the age of bankruptcy is an age of patent wars and Sun’s sale to Oracle had its “defensive” parents turn into hostile. Novell’s patents were sold to Microsoft and Apple, too (both companies are FOSS-hostile and litigate against Linux/Android). Here is the new story of another company that ran to the courtroom amid its demise: “The newspaper quoted unidentified people as saing Kodak could seek protection in the next few weeks if an effort to sell a collection of digital-imaging patents falls through.

“Kodak has sold patents valued at millions of dollars over the last several years in a bid to shore up its ailing finances.”

It’s actually a strong case against patents because companies become just a pile of orphaned patents (Novell included), and in turn this fuels wars, not sparking any innovation at all. Disregard the pro-patents propaganda from lawyers’ Web sites and instead watch why they like patents (starting 2012 with patent lawsuits). As one columnist in IDG put it:

When Netscape went public in the fall of 1995, few of us understood that we were entering an era of constant and accelerating change. Since then, 16 years of Moore’s Law has given us powerful and cheap hardware. The open-source software movement has made software that’s worth millions of dollars freely available to anyone who can click a mouse. As one can see, reducing these natural barriers to entry has made it easier to start a Web services business. These same trends have had an interesting effect on intellectual property strategy.

[...]

Open hostility toward patents from the open-source community and 10 years of judicial infighting over the patentability of “business methods” and other Web 2.0 technologies didn’t help matters. Many Web 2.0 companies underinvested in patents, when they should have increased their efforts to secure legal barriers to entry to offset the reduction in natural barriers to entry.

Actually, patents do not work for small players. That’s just the lie sold to us by the 1% (or less) who benefit from patents. Here is some more London-based propaganda dressed up as a press release:

The Decision Model is revolutionising Enterprise Decision Management by modeling the business logic (rules) behind key operational and strategic business decisions (http://www.azinta.com/Services/the-decision-model-solutions.html). The recent award of a US patent for The Decision Model to Knowledge Partners International (KPI) triggered an intense debate resulting in some commentators claiming that The Decision Model patent is an IP trap. Suleiman Shehu, the CEO of Azinta Systems – a KPI Consulting Partner, analyses the reasons for this debate and presents the evidence why The Decision Model patent is not an IP trap.

Decision-making as a patent. How about that, ladies and gents?

Moving back to the impact on FOSS, although Apple gets sued for patent violations, the company persists with its support for that same rotten system. “Last week,” says one article, “Apple applied to the US patent office to register facial recognition software…”

This affects me personally and professionally, too. “So instead of sliding to unlock the iPhone, iPad, or iPod Touch, one could simply point it at one’s face,” notes this article, among others that we mentioned in December. The point they are missing is that Apple gets a monopoly here. It is not good for anyone. Microsoft’s identity change to “patent aggressor” is on route as well [1, 2] (software patents). They are goodwill-washing it through gullible Web sites. With phrases like “patent helps”, there is clearly not a realistic expectation. And in the face of infographic propaganda from taxmen of technology (lawyers) we fortunately see some infographic sanity and we are able to see to what degree Android is the victim here (victim of Microsoft, Apple, and some of their allies). Google does not get patents anymore; in fact, “Google stopped submitting patents to the USPTO” because it’s pointless. To quote: “Software patent wars have always existed: companies fought them (or paid up), sometimes quietly, sometimes making a big fuss. However, something has changed over the last year or so: people started getting directly affected by software patents (ask anybody wanting a Samsung Galaxy Tab in Australia for Christmas 2011…). Lately, two things came to my attention: Google acquired 200 patents from IBM. But, more interestingly: Google hasn’t filed any patents over the last several months.”

Google does not apply for patents; it buys/gets them instead, usually from IBM [1, 2, 3, 4] under secret terms. An article for background can be found here:

Last year, IBM sold Google 2,000 or so patents ranging from mobile software to computer hardware and processors.

As other reports put it:

Google’s quest to build a strong patent portfolio continues with IBM assigning a further 222 patents to the search and advertising company. Details of the transaction have not been disclosed by either party, but the USPTO database shows the patents being transferred on 30 December 2011. This is not the first time Google has acquired IBM patents; over one thousand IBM patents were transferred to Google in both July and September 2011.

Some say that IBM is trying to defend Linux/Android in this case. “A trial date has been set in Oracle v. Google, or more accurately, an earliest trial date has been set,” writes Mark Webbink, who remarks on this bit of news:

SAN FRANCISCO (Dow Jones)–Google Inc. (GOOG) and Oracle Corp. (ORCL) have been scheduled to go to trial over an intellectual-property dispute related to Google’s mobile phone software in March, a development that could start to draw the lengthy spat between technology giants to a close.

There is a theory that Google’s new patents from IBM are capable of helping in this case (IBM is an Oracle competitor), but as the FFII points out, “Arms trading is a sustainable business but still mere economic efficiency waste.”

We shall assume that IBM’s interests in this case are in alignment with Linux interests. As we explained some days ago, there is apparently also an Android lawsuit (if not several) brewing against Microsoft and Apple. It’s getting rather interesting.

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. Masking Abstract Patents in the Age of Alice/§ 101 in the United States

    There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)



  2. PTAB's Latest Applications of 35 U.S.C. § 101 and Obviousness Tests to Void U.S. Patents

    Validity checks at PTAB continue to strike out patents, much to the fear of people who have made a living from patenting and lawsuits alone



  3. France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

    Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)



  4. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  5. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  6. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  7. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  8. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  9. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  10. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  11. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  12. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  13. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  14. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  15. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  16. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  17. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  18. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  19. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  20. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  21. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  22. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  23. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  24. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  25. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  26. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  27. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  28. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  29. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  30. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts