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

01.16.13

FFII Challenges Software Patents in Europe, DOJ Does the Same in the United States But With a Twist

Posted in Europe, Patents, RAND at 4:59 pm by Dr. Roy Schestowitz

All eyes on Europe tonight

Europe

Summary: Action against Amazon’s one-click monopoly and unintentional action against FRAND, which helps legitimise software patents as part of ‘standards’

DESPITE HEAVY lobbying, software patents in the EU are in principle not legal, but Amazon managed to cheat the system. The FFII takes action and in a new press release the FFII says:

For Tuesday the European Patent Office (EPO) scheduled a hearing on the Foundation for a Free Information Infrastructure’s (FFII) opposition to the legendary “one-click gift order” patent from online retailer Amazon.com Inc.

In 2004 the FFII e.V. filed an opposition to Amazon.com’s “one-click gift order” patent grant.

FFII board member Stephan Uhlmann: “Software patents hinder innovation and our digital economy as whole. We took on a show case of a software patent while European officials told us software patents were not existent.”

Three years later the EPO revoked the patent because of non-inventiveness. After Amazon appealed the decision in 2008, the EPO restored its validity and remitted the case to the first instance. Tomorrow, more than four years later, the EPO’s opposition department will once again review the case.

Gérald Sédrati-Dinet, a leading opponent of the unitary patent, notes that UK courts rejected some software patents after they had approved Symbian’s some years ago [1, 2].

#swpats software patents still rejected by UK courts http://ur1.ca/ciswd will #UPC follows this interpretation or #EPO ‘s practices?

Here is the corresponding article which says:

This was an appeal to the High Court of a decision by a UK Intellectual Property Office Hearing Officer not to grant two patent applications (one directed at human subjects, the other to animals). The invention in this case relates to the field of genetics and was directed towards a screening method for differentiating between copy number variants (“CNV”s- repeated sections of DNA) which are associated with a particular condition or phenotype, and CNVs which are present in the population at large, and do not appear to cause disease.

Those patents got trashed again. So perhaps Europe is still somewhat under control and in a state of relative sanity.

Now, what about the US? And on what grounds did DOJ oppose some standard-essential software patents? We said it was for corporate reasons (against FRAND, selectively) and as Masnick’s site puts it, “USPTO And DOJ Shocked (Shocked!) That Companies Abuse Patents, But For The Wrong Reasons”. Here is more:

In a move that struck some by surprise, the US Patent Office and the Department of Justice put out an interesting statement arguing that companies need to stop abusing promises for fair, reasonable and non-discriminatory (FRAND) licenses (pdf) for standards essential patents (SEPs). They argued, quite reasonably, that lawsuits over SEPs can stifle innovation and block competition. Well, duh. While many are interpreting this as having to do with the FTC/Google settlement, which touched on exactly this issue, the DOJ/USPTO letter seems much more focused on trying to knock some sense into the International Trade Commission (ITC) concerning how it deals with the patent cases it hears. As we’ve been discussing for years, patent holders get two (entirely) separate cracks at using the legal process to slap down those they accuse of patent infringement. First, there’s the federal court system, which is what most people think of when they think about patent disputes. The second is going to the ITC and seeking to ban the product from entering the country (i.e., getting an injunction).

Ironically, it was Microsoft lobbying against Google that weakened an anti-Linux weapon. Watch what Apple is doing with FRAND:

Apple has given notice [PDF] that it has appealed to the Federal Circuit Judge Lucy Koh’s order [PDF] denying Samsung’s motion to seal certain Apple documents. Apple had filed materials in support of Samsung’s motion, but Judge Koh refused to seal some of those materials in her November 29 Order.

[...]

This issue has been going on since July, and the judge stayed her orders so the parties could appeal, which Apple has now done. Interestingly, it’s Apple appealing, not Samsung, so that is who really cares.

So what is it Apple wants kept from the public? I’ll show you in detail, but the big items appear to be Apple’s internal customer research, specific financials, and certain license agreements.

After the order, Apple filed Exhibit 2 to the Robinson Declaration, its calculations that it is suffering $399,196 a day in supplemental damages, or $50 per infringing Samsung unit sold, from October of 2011 to the end of December 2012, with a total estimated supplemental damages figure of $101,167,892. Are they kidding? $50 for each phone sold. Can you imagine?

Apple is the one who has been telling courts that if it had to pay $6 per unit, or 2.4% royalties, per phone for FRAND patents, it would go out of business. But here it is asking for $50 per unit from Samsung for patents, at least three of which are under a cloud at the USPTO in reexaminations.

Yes, Apple alone wants fifty dollars for each phone that does not even use anything from Apple, it uses Open Source and Linux. Some ‘justice’ eh? Microsoft wants to do the same. It’s the act of patent stacking and it’s collusion. A Microsoft patent troll, Paul Allen, wants yet more money from Android devices and here is the latest from this case:

When we last looked at the case of Interval Licensing v. AOL, Apple, Google, Yahoo! and others, the case was headed for the Markman hearing on claims construction (see, Allen v. World – The Fight Over Claim Construction) The claims construction issues have now been decided, and a key interpretation has substantially cut in favor of the defendants.

Those defendants already lose in the sense that they must lose focus and spend money in court. Microsoft also sends some patent trolls to fight Android as their toll on the industry grows. From the British press today:

Patent trolling is a “cancer” that poses an “existential threat” to US business – especially startups – according to a panel of experts at last week’s CES 2013. But there are plans in the works to fight back.

“There’s a great quote from Scientific American,” congressman Peter DeFazio told his audience at a CES 2013 panel. “They say, ‘It is almost as though we have taken our collective creativity and placed it in a lockbox, where the main benefactors are lawyers and profiteers’.”

Don’t forget monopolists who hire those lawyers and bankroll or arm trolls to help distort the market. Either way, by eliminating software patents we can assure that a lot of the trolls will go away. A lot of (F)RAND too will be rendered obsolete.

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. Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

    New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting



  2. [ES] Advertencia: La Vigilancia de la EPO Surveillance Puede Haberse Convertido en Más Intrusiva

    BlueCoat, que la EPO usa para oprimir a sus empleados en sus premisas Europeas, acaba de ajustar más y hacerse más intrusiva y los empleados pueden estar en riesgo



  3. [ES] Tarjeta de Victima Termina en Otra Torpeza para Battistelli Seis de su Guardia Pretoriana

    Battistelli esta destruyéndo lo que queda de la reputación de la EPO (después de las décadas que le costó a ella construírla) mientras los medios continúan escrutinando su desastroso régimen



  4. [ES] La EPO esta Excelente, Dice Sitio de ‘Noticias’ Conectado a Ella

    Los caraduras de la ‘revista’ IAM, viejo aliado de la EPO, da la impresión a la gente de que en la EPO todo esta bien y dandy aunque claramente ese no es el caso



  5. New EPO Caricature: Nouveaux Garde-Vélo (New Bicycle Guards)

    A new cartoon poking fun at Battistelli's bicycles and the perceived threat these are under



  6. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  7. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  8. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  9. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  10. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  11. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  12. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  13. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  14. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  15. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  16. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  17. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  18. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  19. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  20. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  21. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  22. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  23. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  24. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  25. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  26. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  27. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  28. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  29. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  30. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    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