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

08.17.13

Reminder of Patent Lawsuits From Proxy Entities

Posted in Microsoft, Patents, SCO at 12:41 pm by Dr. Roy Schestowitz

Many road signs

Summary: Possibilities of lawsuits of interest that target Microsoft rivals and help discourage public participation (like SLAPP but bigger)

THE mysterious company that had famously sued Microsoft (VirnetX) and got paid a huge amount of money from Microsoft recently sued Apple again. It is on a path of destruction:

VirnetX Holding Corp. (NYSE MKT: VHC) today announced that on August 7, 2013, it signed a Patent License Agreement (the “Agreement”) with Avaya Inc. Under the terms of the Agreement, VirnetX has agreed to license certain of its patents to Avaya, in exchange for multiple payments to VirnetX and an ongoing reasonable royalty for future sales through the expiration of the licensed patents as outlined in the Agreement with respect to certain current and future IP-encrypted products. In further consideration, Avaya has agreed to license certain of its patents to VirnetX for its ongoing Gabriel technology product development.

Now that Apple is suing Samsung we should remember that any such troll which Microsoft and Apple pay can go after Android and GNU/Linux, equipped with precedence. Think of Nokia and its patent arrangements with Microsoft and Apple. Here is the latest from Apple’s lawsuit against Samsung:

There will be a hearing in Apple v. Samsung I in Judge Lucy Koh’s courtroom, Courtroom 8 on the 4th floor, on August 21 at 2:00 PM, so if any of you stalwarts can attend, that would be fabulous. You don’t even have to wake up early.

What’s it about? Didn’t they just have a case management hearing in April? Why yes. Yes, they did, but there have been “progress and changes” since, according to the parties’ Joint Case Management Statement [PDF], which fills us in on the details. Both parties would like some changes since the last case management hearing. Here’s the last joint case management statement, back in April. And the judge’s order on April 30 was to go forward immediately with the damages trial, unless certain things happened in the USPTO reexaminations of Apple’s patents at issue. Some of those things have almost happened, and there are other quirks, so some changes are being requested.

An article by Richard Hillesley, titled “the litigation business”, reminds us of the notion of lawsuits by proxy:

SCO’s action against IBM and others failed, but reflects a fashion in the technology industries – not restricted to SCO – for replacing innovation and business with teams of lawyers and threats of litigation, says Richard Hillesley

Lawsuits that involve patents — not copyrights — are the next wave of FUD against FOSS. Steam, a company whose CEO is “formerly” of Microsoft, has another legal tie with Microsoft created:

Jason Holtman, who spearheaded Valve’s Steam business for eight years before leaving the company in February, has a new job.

The former lawyer has taken a job with Microsoft, with a focus on PC gaming and entertainment strategy. Because he has just started at the position, Holtman declined an interview request, but confirmed the move.

Lawyer, not a technical guy. Will he help sue Microsoft’s competition over patents? Maybe, but ether way, it is important to keep track of these movement because entities like Acacia absorbed lawyers from Microsoft shortly before suing GNU/Linux from multiple fronts.

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. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  2. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  3. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  4. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  5. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  6. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  7. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  8. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  9. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  10. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  11. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  12. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  13. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  14. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  15. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  16. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  17. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  18. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  19. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  20. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  21. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  22. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up



  23. A Surge of Staff Complaints About the European Patent Office Drowns the System, Disservice to Justice Noted

    Self-explanatory graphs about the state of the justice [sic] system which is prejudiced towards/against EPO workers, based on internal reports



  24. Links 16/8/2016: White House Urged by EFF on FOSS, Go 1.7 Released

    Links for the day



  25. Links 15/8/2016: Linux 4.8 RC2, Glimpses at OpenMandriva Lx 3.0

    Links for the day



  26. Clawing Back the Staff Benefits at the European Patent Office (EPO)

    Staff of the EPO is leaving (or retiring) in droves as abusive management continues to be the norm and staff benefits are being taken away or gradually revoked



  27. The Patent Microcosm is Panicking and Spinning Alice/§ 101 Because US Software Patents Are Still Dying

    A look at recent developments in the software patents scene in the United States, with increased focus on (or fear of) the Patent Trial and Appeal Board



  28. 21,000 Posts in Techrights in Less Than a Decade

    This post is the 21,000th post and the next one will make it more than twenty-one thousand posts in total. We are turning 10 in November.



  29. Patent Microcosm Shuts Out the Poor: Unified Patent Court (UPC) Promotion by Practising Law Institute (PLI) Only for the Wealthy

    The people who are profiting from patent feuds, disputes, lawsuits etc. are still trying to muscle their will into European law and they keep the general public out of it by locking down (or pricing out of reach) their meetings where they influence/lobby decision-making officials



  30. The United States Has a Growing Patent Trolls Epidemic as Very High Proportion of Lawsuits Filed by Them

    A look at the high proportion of patent lawsuits that are filed by entities that make nothing at all and thus serve no role whatsoever in innovation


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