Bonum Certa Men Certa

Patents Roundup: EMC, Pure Storage, OpenTV, Apple, Segway, and Alice (Software Patents)

Segway claims ownership of hovering now

Hovercraft



Summary: An outline of recent developments in the United States, where companies that are very large (not just patent trolls) utilise software patents to gain an edge over the competition... by simply suing the competition

EMC Patent Aggression



Almost every company that accumulates and amasses patents eventually becomes a software patents bully. Weaponisation of patents is like an insurance plan, a safety net or a Plan B for times when the company is struggling. Look at Apple, Microsoft and more recently Facebook and IBM. EMC isn't doing particularly well and as yesterday's and today's news helps remind us [1, 2, 3, 4, 5], the company now uses patents to sue rivals. As The Register summarised it, we speak about:



Patent 6,915,475 – EMC dropped it from the suit. Patent 8,375,187 – District court summarily ruled against EMC. Patent 7,434,015 – District court found Pure did infringe aspects of it; jury trial said patent was valid, and awarded damages. Patent 6,904,556 – Jury trial ruled Pure did not infringe. Patent 7,373,464 – Jury trial ruled Pure did not infringe.


EMC will increasingly struggle against Free software and other disruptive strands of technology, so it will resort to more patent aggression for revenue. Be prepared. EMC owns VMware, which is run by people from Microsoft now.

OpenTV Shows Apple the Wrath of Software Patents... in Germany



"EMC will increasingly struggle against Free software and other disruptive strands of technology, so it will resort to more patent aggression for revenue."Apple should join the fight against software patents rather than use them against Linux for lawyers' benefit. But Apple is too stubborn and too arrogant to admit its error. Based on this new report from Reuters, Apple has just lost another patent case, this time in Germany (which is notorious for being lenient on software patenting compared to the rest of Europe).

We stumbled upon over a dozen articles about this in the afternoon, not because it’s important but because it’s Apple. Corporate media works like that. 18 articles about this outcome (within about 8 hours) showed up [1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18]. This can hopefully be discussed in the context of patent scope, just like the FBI case -- a case that demonstrates Apple and media fascination. If it wasn't involving Apple in any way, there would probably be not a single article about it. For-profit media writes about what can bring income/hits (profit as priority), hence it loves writing about Apple. Nevertheless, none of the articles we found questioned the existence of these patents, which are on streaming.

“Hoverboards” Killed by Patents



"Many people always wanted "hoverboards"; well, thanks to patents they may have to wait forever, or simply find them priced way out of reach."Apple loves using the ITC to pressure companies it sues to just give up and pay up. This new article helps remind us of the role of embargoes in the market. Pieter Hintjens (former FFII President) put it sarcastically by saying: "Once again patents succeed in killing competition. Without patents, no-one will invent anything, right?"

Here is one article about it, from an opponent of patent trolls:

A patent complaint that Segway filed with the US International Trade Commission in 2014 has resulted in a wide-ranging order banning "personal transporters" that infringe some of its patents.

On Wednesday, the ITC issued a general exclusion order banning several types of the self-balancing devices, often called "hoverboards." The case could affect the whole market, since a general exclusion order is the commission's most powerful remedy and can affect even parties not involved in the investigation.

There's also a limited exclusion order issued directly against the products of several Chinese companies sued by Segway. Only one of those companies responded and fought the case at all, while the others were in default.



Proponents of patent trolls (IAM is even funded by them) put it differently and put lipstick on the embargo pig:

The US International Trade Commission (ITC) this week wrapped up a Section 337 patent infringement investigation initiated by Segway, and its decision is set to have a big impact on a market for self-balancing personal transports that has come back to life over the past year. In a twist, Ninebot – one of the Chinese companies named as a respondent in the original complaint – is now set to become the key beneficiary of the ruling in Segway’s favour.


Many people always wanted "hoverboards"; well, thanks to patents they may have to wait forever, or simply find them priced way out of reach.

Section 101 (Software Patents Too Abstract)



"Is the EPO paying attention at all when a European company, Mercedes, becomes the victim of software patents?"Software patents are under severe pressure in the US right now. Some older articles from Bilski Blog speak of Section 101 rejections and give new examples of patents which are found invalid under that section. Here is the Vehicle Intelligence case which we recently wrote about quite a lot. They have taken on the giant, Mercedes-Benz, in an effort to extract money. "Vehicle Intelligence," Bilski Blog writes, "involved U.S. Patent 7,394,392, written by a patent attorney, on the use of expert systems to determine whether an equipment operator--e.g., the driver of a car--was impaired from intoxication, fatigue, physical disability, or other factors. [...] Under the Alice test, if the abstract idea is really this general, then using an expert system is "significantly more." An expert system is not a native component or functionality of a generic computer system, but a highly specific type of artificial intelligence--different in both design, architecture and application from other types of AI systems. And if the game of patent eligibility is played on the borderless field of analogy, it is easy to argue this claim is like the claim in Diamond v. Diehr, in that it involves continuously measuring a physical variable (screening the equipment operator here, measuring the temperature in the rubber mold in Diehr) and then performing a control action in response to the result (controlling operation of the equipment here, opening the rubber mold in Diehr). If Diehr was eligible so too is this."

Notice the role of the Alice test. Is the EPO paying attention at all when a European company, Mercedes, becomes the victim of software patents?

Based on this latest outline from Dennis Crouch, Alice isn't going to be challenged (at least in SCOTUS) any time soon.

Recent Techrights' Posts

"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
 
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026
Microsoft Had Mass Layoffs Every Month Last Year, This Year It's Delaying a Lot to "Prove" Rumours That Crashed Its Stock... 'Wrong'
Building a bigger snowball for later
Red Hat Is Not a Company Anymore, Amid Bluewashing and Mass Layoffs It's Merely IBM "Division" or "Brand" or "Product"
systemd at this point is sort of like IBM/Microsoft thing
IBM suffers "worst weekly drop in six years", Microsoft's MSN calls it "buying opportunity"
Ask Cramer what to do
Still Some Slopfarms in View, Sometimes Targetting "Linux"
That's a total of at least 4 in Google News today, coming from 3 sources
Gemini Links 17/02/2026: 3D-Printed Stainless Steel Smartwatch and Gopher Bay Offline
Links for the day
Links 17/02/2026: Machine Rage and Microsoft Kills XBox Social Clubs
Links for the day
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026