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

Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
 
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026