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

01.27.13

When Our Patents Are ‘Good’ and Others’ Are ‘Bad’

Posted in Apple, GNU/Linux, Google, Patents at 12:21 pm by Dr. Roy Schestowitz

Cooking pot
Pot calling the kettle “black”

Summary: The issue of hypocrisy in the patents battleground and some updates from Apple’s anti-Android litigation

The opposition to software patents and patent trolls gets a hand from another sector which uses software and gets sued a lot. An advertising-centric site says:

“Congress is wary of going after software patents, so we’re going after the procedure. It may be small ball, but I believe it will be an impact,” said De Fazio, who co-sponsored last year’s bill with Rep. Jason Caffetz (R-Utah.) He’s already held preliminary discussions with Rep. Bob Goodlatte (R-Va.), chairman of the House Judiciary Committee, about holding hearings.

The ITC finds itself at the centre of this debate about patent trolls, which a patent lawyers’ site covered by saying: “An en banc request for rehearing in the Interdigital case has been denied, but the panel majority has released a new opinion particularly addressing the patent-troll-domestic-industry question. Judge Newman has also released a new dissenting opinion.”

We wrote about Interdigital in [1, 2].

Another domestic patent dispute involves software patents and as CBS puts it: “The EchoStar subsidiary that makes the Slingbox alleges that its rivals unfairly copied aspects of its place-shifting devices.”

A proponent of software patents, a man who is widely believed to be the first software patent holder, is already dismissing some software patents. How convenient it must be to him that his patents are “good” and others’ are “bad” software patents. As Guardian puts it, “Amazon 1-Click ‘should never have been awarded’ and Apple’s pinch-and-zoom ‘questionable’ says man who changed software industry in 1968 (updated)”

A FFII activist says: “Not too complicated to say why we don’t need Software patents. Not the right tool and I don’t want to walk a mine field” (of someone else).

To some developers, the idea of getting their own patents may seem tempting as long as or until they reailise that with others’ hundreds of thousands of software patents they won’t be able to develop anything peacefully.

Apple likes to claim credit for inventing stuff it didn’t invent and suing over it, quite often deceivingly or fraudulently. It’s then that we realise just how much it ripped others off and usually we see it sued in return. It’s a PR disaster. Apple’s CEO may be deposed for patent blackmail quite soon [1, 2]. Apple almost sued Palm and the current CEO was the one behind threats that we covered at the time.

Over at the legal blogs, we learn more about Apple’s fight against Samsung:

Magistrate Judge Paul Grewall has now ruled [PDF] on Samsung’s request for help getting discovery from Apple for use in the Japanese litigation between them. He has decided that he’d like to wait for the Japanese court to rule on Samsung’s discovery requests. If they deny, then Samsung is free to resubmit its request in the Seattle court.

What does it mean? It means Samsung has two shots to get what it is looking for. If Japan says no, in addition, it will confirm what Samsung told the California court. Both sides provided a lawyer declaration, Samsung’s saying that Japanese courts don’t order such discovery, and Apple’s lawyer saying it does. So the judge wisely says, let it play out, and let’s see. After it all plays out, then we’ll all know.

An Apple fan site boasting patents reminds us that Samsung too has a lot of patents:

The Electronic Times and the Gwanggaeto Patent Research Institute recently analyzed the patent management of Apple, Samsung and Google amongst other tech companies and found that the ongoing litigation between Apple and Samsung has caused most large tech companies to increase the number of patents they own.

In the USPTO, which is foreign to Samsung (Korean company), Samsung “came in second, with 5,081 patents—up nearly 4 percent,” says this report which quantifies patents in terms of totals. Apple Insider, another pro-Apple site, says that Kodak may have its patents shared amongs Apple and Android backers, raising the cost of everything (it is part of the cartel).

Apple would like Android devices to get more expensive, even if by patent stacking, which is an anticompetitive tactic. Apple just got desperate because shops consider iPhone inferior to Android phones. Except in the US market, Android is simply unstoppable.

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. Realistic English Translation of EPO Announcement About Crushing of Patent Quality

    The EPO's statement which proves Eric Blair (George Orwell) right, carefully rewritten to better explain what Battistelli and his cronies have just done to bring the EPO's status to an all-time low



  2. Great News: The US Supreme Court Shoots Down Software Patents Again

    The outcome of the US Supreme Court refusing to intervene in the Sequenom v Ariosa case -- a case which would have put at risk the strongly-worded Alice and Mayo decisions (SCOTUS level)



  3. No Expectation of the US Patent System Getting Fixed Any Time Soon

    On the agenda of the supposedly 'liberal' side (hawkish and corporatist in practice) there's no reason for Hope of Change and new data suggests that patent practices are gradually ebbing away in the United States



  4. A System in Their Back Pockets: Protecting Large Corporations in High-Profile Patent Cases

    A couple of new examples of patent cases where the bigger company (with deeper pockets) wins, either by injunctions against small companies or by invalidating the patents of smaller companies



  5. The European Patent Organisation's Administrative Council Helps Benoît Battistelli Destroy Patent Quality for the Sake of 'Production'

    In secretive sessions behind closed doors Battistelli and the Administrative Council conspired to send the no-longer-independent boards of appeal to exile, assuring that patent quality will nosedive and make the Office akin to a registration/filing office



  6. At the European Patent Organisation the Administrative Council Does Not Care About Staff

    The Administrative Council (AC) of the European Patent Organisation continues to show carelessness and apathy if not complicity by maintaining a deeply heartless approach and blind support for a President with 0% approval ratings (among polled staff)



  7. Links 1/7/2016: Enlightenment 0.21.0, Peppermint 7, New Mint

    Links for the day



  8. EPO Leak: Administrative Council's Latest Meeting Report (Updated)

    The outcome of the Administrative Council's meeting, where Battistelli managed to avoid earthquakes and basically did just about everything he wanted, reinforcing the perception that there is no oversight



  9. Publicly-Available Information About the Meeting of the EPO's Administrative Council

    The EPO "crisis" -- as Board 28 called it -- lingers on because no substantial steps were taken towards Battistelli's removal from Office for his violation of Office rules (his own rules) among other laws that Eponia perceives itself as exempt from



  10. Battistelli's Last Moves Are Desperate Attempts to Crush the Messenger (SUEPO), Which Will Almost Certainly Backfire on (if Not Fire) Battistelli

    By implicitly declaring a war on those who speak truth to power or those who are associated with perceived truth-tellers, Battistelli reinforces the perception that he is protecting the bad people at all cost (even his very own career)



  11. EPO Staff Representative Jesus Areso Explains the Crisis to the Administrative Council

    An intervention by an EPO Central Staff Committee (CSC) member who is under gag orders from Battistelli's regime and cannot speak about his case, which apparently involves truly severe disciplinary actions for merely helping or contributing to a staff survey (not controlled by and paid for by Battistelli)



  12. Shadows of Alleged Criminality Over the European Patent Office (EPO)

    Cases against Željko Topić, a Vice-President at the European Patent Office, are moving forward in Croatia, where he still faces many criminal charges



  13. You Know That UPC is Quite Likely Dead (at Least in the UK) When Even Baroness Neville-Rolfe Dodges the Question (Updated)

    The UPC appears to be a dead end, much like Battistelli's career, not only in the UK but in Europe as a whole (it has been all along designed with London/England/UK in mind)



  14. Short Report From Today's EPO Protest in Munich

    A few noteworthy points about the staff protest which coincided with the Administrative Council's meeting earlier today in Munich



  15. Growing Consensus Even Among Patent Professionals That UPC is Dying Everywhere If Not Just in the UK

    The UPC continues to sink as more and more people come to grips with the complexity of the current situation, irrespective of what countries other than the UK do next



  16. Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

    Battistelli's EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents



  17. Battistelli is Creating an Atmosphere of Terror at the EPO While Exploiting Terror Attacks to Garner Sympathy

    "As if Laurent were a terrorist, the Office has imposed a house arrest and has forbidden him to enter the EPO premises," according to SUEPO, writing about one of its members at The Hague who is "maliciously accused via a fabricated procedure"



  18. Rumours That EPO President Battistelli Got Sacked to be Replaced by Christoph Ernst Appear to be Baseless

    Dr. Christoph Ernst is claimed to be the successor (interim or permanent) of the notorious Battistelli, but these claims have little or no evidence to support them



  19. Links 29/6/2016: SteamOS 2.83 Beta, Alpine Linux 3.4.1

    Links for the day



  20. The EPO Has Become Battistelli's Circus and the Administrative Council Has Been Reduced to (Illegal) Circus Animals Controlled With 'Treats'

    Battistelli's attack on justice and on the rule of law is debated among insiders who have grown increasingly impatient with the Administrative Council's tolerance of Battistelli and sometimes even Kongstad's amazing complicity



  21. The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It's Alive and Well

    How patents-centric sites (some of which are in bed with the EPO) have responded to the 'Brexit' vote and why they're not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)



  22. EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

    Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity



  23. Keeping the Guard and Securing Society From Software Patents

    The policies over which Indians and Europeans have kept guard are being 'stolen' by vested interests



  24. Benoît Battistelli Further Weaponises His EPO 'Stasi' With CA/52/16

    A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions



  25. EPO Caricature: Administrative Council Control of Benoît Battistelli

    Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)



  26. EPO Caricature: Firing Benoît Battistelli

    The latest caricature regarding the President of the European Patent Office (EPO)



  27. Links 28/6/2016: Red Hat Summit 2016, Hadoop Events

    Links for the day



  28. Today's Media Coverage Says Microsoft Loves Linux, But Today Microsoft Extorted Linux Using Software Patents Again

    Luna Mobile has just been extorted by Microsoft (using dubious software patents, as usual) for using Android/Linux, but Microsoft-influenced media carries on spreading the lie that "Microsoft loves Linux"



  29. New Efforts to Work Around Barriers to UPC in Light of 'Brexit'; Behind These Efforts Are Self-Serving Patent Profiteers

    look at who's trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)



  30. Injunction Against Battistelli's Investigative Unit (Known Internally as 'Gestapo') Amid Serious Injustices and Bogus 'Trials'

    SUEPO, the EPO's staff union, steps up its spiel in a case against the "European Patent Organization" as defendant and "SUEPO/VEOB" (Trade Union of the European Patent Office) as claimants


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