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

08.29.17

Many Patents Are Being Passed to Android-Hostile Patent Trolls (by the Thousands) and Microsoft is in the Shadows

Posted in Apple, GNU/Linux, Google, Microsoft at 11:09 am by Dr. Roy Schestowitz

Shadow and trees

Summary: Some of the latest moves and actions (and auctions) which pose a danger to GNU/Linux in mobile devices in particular

THE daily (and sometimes bi-daily) links that we post here contain many news items about Android. It’s now dominant with nearly 90% of the mobile market. Android is based on Free/Libre Open Source software (AOSP) and contains Linux at the core, so it matters to us. We are not huge fans of Google, but having said that, Google is at least supporting Linux and not just posting promotional materials like leaflets with heart symbols on them. Microsoft actively attacks Linux in many ways (see recent examples in Munich and even patent lawsuits); Google does not.

“Microsoft actively attacks Linux in many ways (see recent examples in Munich and even patent lawsuits); Google does not.”Earlier today Benjamin Henrion pointed out that David Pridham, “CEO of the patent advisory [sic] Dominion Harbor Group,” now has a blog (even an attack on Google) over at Forbes. Dominion Harbor Group is a patent troll, not “patent advisory” or whatever euphemism they may choose. It’s also connected to Intellectual Ventures, the world’s largest patent troll. So what we have here are anti-Google articles from a man who is connected to Microsoft’s patent troll. Ain’t that just too shallow? Is he going to sue Google next? He recently got a big load of patents from Intellectual Ventures [1, 2]. Such patents can never be used against Microsoft because Intellectual Ventures is deep in the pockets of Microsoft and Bill Gates (at a personal capacity, too).

“Telecom equipment giant Nokia is offloading more than 6,000 patents related to 4G, 5G, SDN, VR, and more in the wake of its recent merger deal with Alcatel-Lucent.”
      –WirelessWeek
A couple of days ago we also learned that after Microsoft ‘took over’ Nokia it is still passing patents to patent trolls which are likely to attack Microsoft’s rivals (even under Microsoft’s direct guidance). This is the latest:

Telecom equipment giant Nokia is offloading more than 6,000 patents related to 4G, 5G, SDN, VR, and more in the wake of its recent merger deal with Alcatel-Lucent.

According to a listing from transaction firm Aqua Licensing LLC, which was first spotted by Law360, Nokia is selling a portfolio containing 6,069 granted patents and 734 patent applications. The patents up for grabs come from patent families in six different technology categories, including Wireless; Services; IP and Networks; Access, Fixed, and Optical Networks; Hardware and Components; and User Experience, Mechanics, and Materials.

How many of these patents (many of which are likely bogus or ripoffs) are going to be used against Android OEMs? As we last showed earlier this year, Nokia is already shaking down some Android OEMs directly. So does Qualcomm, which has taken its battle to Europe in spite such battles being bad for business. The latest on Qualcomm is, they too acknowledged lack of merit in some of the claims:

In early July, Qualcomm brought an ITC complaint against Apple over six non-standard-essential patents (NEPs) related to efficient battery usage, seeking an import ban against iPhones with Intel (or other third-party chips) but not against devices that might include Qualcomm’s own chips.

A couple of weeks ago, the ITC instituted the investigation. As I wrote last month, it would have been unusual for the ITC not to investigate the complaint, despite the partly valid points raised in various public-interest statements.

But something unusual has happened now. On Friday, Qualcomm filed a motion (unopposed by Apple) for partial termination of the investigation by withdrawal of U.S. Patent No. 8,487,658 on a “compact and robust layout shifter design.”

What’s unusual here is not Qualcomm’s decision to drop a patent. I’m sure they’ll drop more as this investigation unfolds because that’s what the ITC expects complainants to do so it can keep its relatively ambitious timelines (Qualcomm’s motion makes reference to the normal course of business at the ITC, though the motion tends to portray a totally ordinary ITC timeline as something special, which it is not in my observation). What is strange and even pretty much unprecedented is the timing: two weeks into a just-launched investigation. In all other cases I’ve watched, with an exception I’ll discuss next, parties withdrew patents after significant procedural progress. At a minimum, parties would want to review the respondent’s non-infringement and/or invalidity arguments. Here, Qualcomm withdrew the patent without anything happening other than Qualcomm having changed its mind.

This case has a lot to do with Android because if Apple loses it, so will Android OEMs (some have already dissented).

As usual, when it comes to large companies like Microsoft, Nokia and Qualcomm (many thousands of patents), they just throw a whole bunch of patents of varying levels of quality to over-encumber the accused with legal fees. When this method targets Android OEMs (many small ones, unlike one large OEM known as Apple) the incentive to fight back or take things to court is very low. Sometimes Google jumps in to assist, but a lot of the time there are back room settlements. We can safely assume that this is part of Microsoft’s patent stacking strategy, so we cannot carry on pretending that Microsoft now “loves Linux”. It’s a colossal lie.

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. EPO Trust, Leadership and Commitment

    "Trust, leadership and commitment" is the latest publication from EPO insiders, who in the absence of free speech and freedom of association for the union/representation are an essential spotlight on EPO abuses



  2. Links 11/12/2018: Tails 3.11, New Firefox, FreeBSD 12.0

    Links for the day



  3. Number of Filings at the Patent Trial and Appeal Board (PTAB) Highest in Almost Two Years

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which [cref 113718 typically invalidate software patents by citing 35 U.S.C. § 101], are withstanding negative rhetoric and hostility from Iancu



  4. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  5. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  6. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  7. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  8. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  9. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  10. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  11. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  12. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  13. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  14. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  15. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  16. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  17. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  18. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  19. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  20. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  21. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  22. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  23. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  24. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  25. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  26. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  27. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  28. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  29. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  30. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)


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