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

10.04.14

Software Patents’ Demise Includes Exceptional Defeat for Microsoft-Connected Trolls, But Bar Still Lowered for Patents

Posted in Law, Microsoft, Patents at 4:07 am by Dr. Roy Schestowitz

The rule of low, not law

Team work

Summary: The USPTO continues to lower the bar for patents’ acceptance, but on the other hand, many software patents are increasingly being rejected at the courts

Software patents may be on their way down, but patents as a whole are not going down, only their standard goes down. As a relatively benign patent lawyer put it the other day: “The fight for patent reform isn’t about trying to trample on inventors’ rights. It’s about trying to deal with the reality of thousands of bad patents and trying to prevent people from collecting money (and hindering innovation) based on patents that should never have issued.”

On another day he shed light on this troll:

And an Acacia subsidiary was ordered to pay NetApp’s legal fees after suing on patents that turned out to be licensed already.

“Software patents may be on their way down, but patents as a whole are now going down, only their standards go down.”The roundup links to this article about Acacia and it says that this “subsidiary of the patent aggregator had brought suit despite already striking a licensing deal with RPX.”

RPX is another kind of troll, but not quite the aggressive one. Here is some more coverage:

NetApp sticks biggest “patent troll” with $1.4M fee sanction

This summer, the Supreme Court made it easier for defendants to collect fees when they win patent cases. The decision is starting to have an effect—the nation’s largest patent troll just got slapped with an order to pay $1.4 million in attorneys’ fees to NetApp, which it sued in 2010.

The case brought by Summit Data Systems, a branch of Acacia Research Corp., hinged on an accusation that NetApp infringed when its server-based software interacted with an end user on a Microsoft operating system. The two patents-in-suit, 7,392,291 and 7,428,581, relate to “block-level storage access over a computer network.”

Notice the Microsoft connection. Some consider Acacia to be somewhat of a Microsoft proxy for several reasons that we covered before. This again is a software patent. This patent got defeated. Here is the EEF writing about another software patent, dubbing it “stupid patent of the month”:

Blue Spike LLC is a patent litigation factory. At one point, it filed over 45 cases in two weeks. It has sued a who’s who of technology companies, ranging from giants to startups, Adobe to Zeitera. Blue Spike claims not to be a troll, but any legitimate business it has pales in comparison to its patent litigation. It says it owns a “revolutionary technology” it refers to as “signal abstracting.” On close inspection, however, its patents turn out to be nothing more than a nebulous wish list. Blue Spike’s massive litigation campaign is a perfect example of how vague and abstract software patents tax innovation.

EFF is calling out software patents now, not just “stupid patents”.

According to some new numbers, the stupidity of patents only gets worse as it gets easier to have them granted:

Dennis Crouch over at Patently-O reports that for Fiscal Year 2014 (which just ended), the USPTO granted a record number of utility patents, over 300,000. Dennis determines that this results in an allowance rate of about 70%.

“Think about that – 70% of patent applications result in a patent,” says this article, but the real number may be 92% because some reapply until 'success'. This is ridiculous. A patent lawyers’ site says 300,000 patents got granted in one fiscal year. Good luck keeping track of so-called ‘infringements’.

Well, only recently we gave many examples of software patents being eliminated by US courts. Steven Seidenberg, writing for Intellectual Property Watch, claims that the “US [is] Cracking Down On Software Patents” and in his own words:

The US courts are aggressively applying the ruling. So is the US Patent and Trademark Office (USPTO). Thanks to their common interpretation of the US Supreme Court’s recent decision in Alice Corp. v. CLS Bank, it is now open season on software patents.

Software patents are definitely suffering a major blow right now, but the overall problem is far from over. As TechDirt put it yesterday, the USPTO‘s standards are so low that a “Design Patent Granted… On A Toothpick”. It’s not satire. The EPO is corrupt, but the USPTO may not be much better. They are not providing public service; they are a front for corporations and increasingly trolls too.

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 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  2. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  3. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  4. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  5. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  6. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  7. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  8. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  9. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  10. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  11. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  12. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  13. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  14. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  15. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  16. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  17. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  18. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  19. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere



  20. Links 15/2/2017: Linux 4.9.10 and Linux 4.4.49

    Links for the day



  21. Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

    The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials



  22. National Law Journal Believes That Gorsuch as Supreme Court Justice Would be Opponent of Patent Reform

    Whispering campaign surrounds Neil Gorsuch's alleged or perceived views on patents, and in particular the America Invents Act (AIA) which brought the Patent Trial and Appeal Board (PTAB), a serial invalidator of software patents, owing to Alice (a Supreme Court decision)



  23. Center for Intellectual Property Understanding (CIPU) is a Lobby Group for Software Patents and Patent Maximalism

    An introduction to what the Center for Intellectual Property Understanding really is, what it is for, and who is behind it



  24. The European Patent Office Looks More and More Like the Sicilian Mafia Every Day

    Battistelli has constructed or pulled together a Mafia-like family inside the EPO, where all those who protect the 'King' (or Don) are rewarded and the rest are removed with prejudice



  25. EPO-Connected Writers Are Using Alternative Facts or Fake News to Promote the Unitary Patent in British Media

    The misuse of publications for the purpose of lobbying by Battistelli and Team UPC (a small group of opportunists looking to exploit change that they themselves introduce) is worth noting, for its frequency is on the rise again



  26. Microsoft Has Not Managed to Blackmail Huawei Over Android and GNU/Linux, But Its Trolls/Satellites Are Trying

    The story of Huawei gets more complicated, even though software patents are losing their teeth and notorious patent trolls are altogether losing their patents



  27. IBM Has Become an Enemy of GNU/Linux and a Loud Proponent of Software Patents

    IBM's poisonous policy on patents, which has long been incompatible with Free/Libre software, has gotten even worse and the company now takes the lead in lobbying for patenting of software



  28. Leaked: European Patent Office a Fire Hazard Waiting to Cause Tragedy (Possible Deaths)

    The EPO has known for a while that is was not in compliance with regulations, but as usual -- flaunting immunity and impunity -- nothing happened



  29. For Valentine's Day, Battistelli Learns to Stop Worrying and Love to Lie

    Battistelli lies about patent quality once again, incidentally on the very same day that serious leaks regarding patent quality got published (and need distracting from)



  30. India Cites Public Interest in Patent Case Where Embargo Attempted Against Local Drugmaker

    India turns away a foreign corporation that attempts to use patents to shut down (or destroy the business model of) an Indian company


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