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


Patents Roundup: Android/Linux, Yahoo!, and More

Posted in GNU/Linux, Google, Patents at 6:11 pm by Dr. Roy Schestowitz

Nike monument

Summary: A roundup of notable news about software patents

THE fight against Linux/Android meets an impasse as certain vital patents lose their teeth.

“Trial is set for April 16 in Oracle v Google and the list of patents Oracle is claiming have been violated is now gutted,” notes Pogson.

Over at Groklaw, where Professor Webbink does a lot of research, the details are made clearer for the common person:

Judge Alsup is ready to get on with it, and to that end he has set this case for trial beginning April 16, 2012. (786 [PDF; Text]) He is anticipating an eight week trial, which will be brutal on the jurors. To that end the potential jurors will be pre-cleared to assure their availability. The judge has also asked Google to withdraw those invalidity arguments it has asserted in reexmination that have not been adopted by the USPTO. Clearly, he does not want to hear them.

What set the stage for the trial to move forward was the Court’s decision on Dr. Cockburn’s third attempt at a damages report. (785 [PDF; Text]) And like they say in baseball, “Strike three!” Actually, the Court did not reject all of the third attempt, simply most of it and certainly all of the parts of it that most troubled Google.

Copyright might be all that Oracle is left with. After reportedly retreating from patents, this might be it. And it’s a weak case, just like SCO’s.

Simon Phipps from the OSI says that the “software patent war escalates” and in new blog post that includes this:

The Software Patent War Escalates


The people doing this advocacy used to work for industry consortia like the BSA, but increasingly they are twice removed from them to avoid easy connections being made. Politicians and civil servants may be unable to identify the links back to industry in these cases, and are consequently surprised when opposition appears as if from nowhere. They are being told by whisper campaigns that powerful newcomers like Google are behind this opposition.

It’s taking quite some time for the realisation to dawn that the opposition to draconian and toxic escalations to copyright and patent law is not being orchestrated by any corporation. Rather, the connected society is providing a voice for citizen consensus, perhaps for the first time since ancient Athenian democracy. Thank goodness for that openness; no wonder lobbyists and paid consultants are working to limit that too.

Simon Phipps wrote the above in light of the patent attacks from Yahoo! — those which we covered here before. And even the patent authors — like those from Sun whose patents were later used by Oracle against Android — denounce this course of action:

Now, I’ve always hated the idea of software patents. But Yahoo assured us that their patent portfolio was a precautionary measure, to defend against patent trolls and others who might try to attack Yahoo with their own holdings. It was a cold war, stockpiling patents instead of nuclear arms, and every company in the valley had a bunker full of them.

Against my better judgement, I sat in a conference room with my co-founders and a couple of patent attorneys and told them what we’d created. They took notes and created nonsensical documents that I still can’t make sense of. In all, I helped Yahoo file eight patent applications.

Years after I left I discovered to my dismay that four of them were granted by the U.S. Patent and Trade Office.

I thought I was giving them a shield, but turns out I gave them a missile with my name permanently engraved on it.

Here is more about this case. Yahoo! has officially sued and many Yahoo! employees are reportedly pissed off about it. Unwise move.

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. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  2. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  3. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  4. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  5. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  6. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  7. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  8. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  9. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  10. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  11. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  12. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  13. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  14. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference

  15. Addendum: EPO's Alberto Casado Cerviño, WIPO's Francis Gurry, and EUIPO's Archambeau

    Photos taken as part of an IP event which took place in Riga (Latvia) in March 2015

  16. Worrisome Connections Between EPO VP2 Alberto Casado Cerviño and Patricia García-Escudero Márquez

    Exploring the potential conflicts of interests implicating the EPO's Boards of Appeal Committee

  17. Site's Infrastructure Under Attack and Upgrades Ahead of Major New Publications

    Protections for the Web site have been improved and capacity increased in order to avoid or at least prepare for another week of abusive/spam traffic

  18. Team Battistelli's Conspiracy Theory: SUEPO is Behind Everything, EPO Management is Trying to Tell the Media

    Attempts to blame SUEPO, the staff union of the EPO, even though SUEPO has nothing to do with articles that are critical of the EPO while many thousands of EPO employees are disgruntled

  19. Links 19/10/2016: Canonical Livepatch Service, Plasma Plans

    Links for the day

  20. The 'Sarah Sharps' of Microsoft: Not the Kind of Scandal the Media Cares Enough to Write About

    Another example of the large (industrial) scale of sexual discrimination at Microsoft -- a company that tries to advertise itself as diverse or tolerant and stigmatise Free/Open Source software (FOSS) as intolerant and/or not diverse

  21. EPO Caricature: EQE Questions

    The latest EPO cartoon, this time about European qualifying examination (EQE)

  22. The Long History or Seeds of Control by Fear and Punishment at the EPO

    The latest hogwash from Team Battistelli (Pinocchio), the latest instance of software patents promotion by EPO Principal Director, and an old (decade-old) nugget of information from the Forum for Principal Directors

  23. Subject of the European Patent Office's Abuses Raised in European Parliament by Ulrike Müller (ALDE)

    A local copy of a bunch of questions asked less than a month ago by Ulrike Müller at the European Parliament, regarding the unacceptable state of affairs at the European Patent Office (EPO)

  24. French Article About the EPO "Crisis"

    Le Monde, which covered EPO suicides and nervous breakdowns a year and a half ago, revisits the subject

  25. Battistelli Wants Us to Believe a Patent Office in a Freefall (EPO) is “Stronger and More Sustainable”

    Still in denial (or self-deluding for self indulgence), Battistelli writes about the EPO as though everything is rosy and people are happy

  26. Leaked Documents Shed More Light on What Happened to Alison Brimelow and How Battistelli Rose to Power

    How Battistelli's (almost) all-male (and all-white, mostly French) management came into being, not too long after Ms Alison Brimelow got elbowed out the Office

  27. Leaked: Outcomes of 149th Administrative Council's Meeting at the European Patent Organisation

    The raw details or a summary thereof, based on the above which serves to confirm what we wrote about several days ago, right after the quarterly meeting had ended

  28. Danish Press Coverage of the European Patent Office and the Problems Explored by Techrights

    Jesper Kongstad does virtually nothing to deny the arguments (or "accusations") and instead alludes to the style of the writings about him

  29. Links 18/10/2016: Release Candidate of Leap 42.2, Looking Ahead at GTK4

    Links for the day

  30. Links 17/10/2016: JS Foundation, Ubuntu 17.04 Named ‘Zesty Zapus’

    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