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


Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

Posted in America, Patents at 5:26 am by Dr. Roy Schestowitz

ViolinSummary: The latest stories and warnings about software patents in the United States

IN another defeat for software patents, Erise has just declared “big victory against patent troll” and to quote the only report we’ve found about it (so far): “Packet Intelligence owns U.S. Patent No. 6,651,099, which is named “Method and Apparatus for Monitoring Traffic on a Network.” The company used this patent to prosecute patent applications against 275 issued patents…”

We have been hearing many stories like this recently. Patent trolls, equipped with software patents, quickly perish in courts. If not the first time, then the second time (higher court). Sometimes the patents get invalided before they even reach any court at all. The patent trolls’ lobby, which includes Watchtroll, has just been moaning about software patents being rightly invalidated by PTAB. Here we have Watchtroll defending a troll. saying that the “Memphis, TN-based B.E. Technology, L.L.C., filed a suit alleging claims of patent infringement against Google in the Western District of Tennessee, asserting claims from two patents owned by the company.”

Guess what happened. PTAB trashed it all. Good riddance, no matter who initiated the case and how wealthy the defendant is (Watchtroll obsesses over the wealth amassed by Google in order to create sympathy for the troll). The last paragraph has nothing to do with the story at all. That’s just Watchtroll trying to influence a SCOTUS case and solicit lobbying. To quote: “All of this may soon change after the U.S. Supreme Court hears oral arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on November 27th. The case will decide whether the PTAB acts in violation of the U.S. Constitution by extinguishing private property rights in a non-Article III forum without a jury. Whether the Supreme Court decides that the PTAB acts in violation of the Constitution, many patent owners hope the Supreme Court will at a minimum acknowledge that the PTAB works consistently to the detriment of patent owners in favor of efficient infringers.”

Anyone who has watched this long enough (the subject of this case and SCOTUS) can easily tell that Justices will defend PTAB, maybe even unanimously. But Watchtroll would cling onto anything at this stage. The patent microcosm has grown so feeble in recent years and Watchtroll just attacks judges and officials more often than it actually covers something exclusively. It’s an embarrassment for a lobbying body.

In other news, yesterday we learned about a bankrupt company, Violin, stating: “We are filing for 45 patents.”

So suddenly they have money? And what for? Trolling the NVMe market? One can imagine where this is going…

To quote the article:

“There are no precise dates we can give,” he said. “We are filing for 45 patents.

“We’ve got our own SSD technology and we will not abandon leadership in IOPS and latency.”

The word “technology” rather than gear or software is often suggestive of paperwork. We shall see what they do next, but it doesn’t look too promising. Patents are expensive to pursue and they already ran out of cash; are patents really their priority?

Another item that caught our eye in yesterday’s news is this report about a financial surveillance firm known as Square. It seems to have not much left to it momentum-wise, so now it’s hoarding software patents:

Since the payments company was founded in 2009, Square has filed 712 patent applications and obtained 221 patents. But between July 2016 and June 2017 alone, the company filed 144 patent applications and obtained 80 of those patents.

“We believe that a good IP program is targeted at fostering innovation all around and not at stifling creativity or competition,” they said. That’s just marketing talk. People don’t end up spending millions of dollars on patents for “fostering innovation all around,” they either use these patents or sell them. So will Square sue bigger firms that have a much larger share in this market (e.g. Apple, Samsung, Google)? That remains to be seen…

Speaking of finance, Kilpatrick Townsend & Stockton LLP’s Michelle Tyde and Jason D. Gardner have just published this article titled “Becoming a Unicorn Fintech by Shoring Up Intellectual Property”

Aside from the fact that they are saying “Intellectual Property” and promoting — by mention — evil Black Duck, the positive thing is that they break it down to meaningful items: “IP assets, such as patents, technical know-how (including software and other technology), trade secrets, copyrights, licenses, trademarks, and data, are assessed by sophisticated purchasers and investors…”

Those are very different things. Lumping it all together under “IP” is undesirable as that leads to misjudgment. Here is the part about Free/Open Source software:

Many software engineers and developers use open source software or incorporate such software into their work in developing products or technology. But the use or incorporation of such open source software by a fintech company can lead to ownership, licensing, and compliance issues for a buyer. In particular, some open source licenses require any user modifying and distributing the open source software to make its source code generally available to other users and to license its software to third parties under the same terms as the open source license. Buyers usually want representation and warranty that no open source or similar software has been incorporated into any of their software or products as they want to be able to exclusively use the fintech company’s technology. Thus, open source issues could become a deal killer.

When has that actually happened? When did alleged violation of the GPL, for example, undermine a company’s takeover/VC? This is more FUD than anything…

Either way, to their credit, they do not promote the illusion that software patents are worth pursuing. Because they aren’t.

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 19/3/2018: Linux 4.16 RC6, Atom 1.25, antiX 17.1, GNU Mcron 1.1

    Links for the day

  2. From PTAB Bashing to Federal Circuit (CAFC) Bashing: How the Patent 'Industry' Sells Software Patents

    The latest tactics of the patent microcosm are just about as distasteful as last month's (or last year's), with focus shifting to the courts and few broadly-misinterpreted patent cases (mainly Finjan, Berkheimer, and Aatrix)

  3. Patent Maximalists Keep Coming Up With New Terms and Buzzwords to Bypass the Practical Ban on Software Patents

    The fightback against Section 101 and the US Supreme Court (notably Alice) seems to concentrate on old and new buzzwords, such as "Software as a Medical Device" ("SaMD") or "Fourth Industrial Revolution" ("4IR"), which the EPO recently paid European media to spread and promote

  4. News About Patents is Often Just Advertisements Composed Directly or Indirectly by Companies That Sell Patents and Patent Services

    Infomercials are still dominant among news about patents, in effect drowning out the signal (real journalism) and instead pushing agenda that is detached from reality, pertinent facts, objective assessment, public interest and so on

  5. Blocks and Paywalls Won't Protect the Patent Trolls' Lobby From Scrutiny/Fact-Checking

    Joff Wild and Benoît Battistelli have much in common, including patent maximalism and chronic resistance to facts (or fact-checking)

  6. China Has Become Very Aggressive With Patents

    China now targets other Asian countries/firms -- more so than Western firms -- with patent lawsuits; we expect this to get worse in years to come

  7. UPC/Battistelli Booster IAM Blames Brexit Rather Than EPO Abuses

    While the EPO is collapsing due to mismanagement the boosters of Team Battistelli would rather deflect and speak about Brexit, which is itself partly motivated by such mismanagement

  8. European Commission Again Urged to Tackle Abuses at the European Patent Office (EPO)

    Rina Ronja Kari is the latest MEP attempting to compel the Commission to actually do something about the EPO other than turning a blind eye

  9. Links 18/3/2018: Wine 3.4, Wine-Staging 3.4, KDE Connect 1.8 for Android

    Links for the day

  10. TXED Courts Are Causing Businesses to Leave the District, Notably For Fear That Having Any Operations Based There is a Legal Liability

    A discussion about the infamous abundance of patent cases in the Eastern District of Texas (TXED/EDTX) and what this will mean for businesses that have branches or any form of operations there (making them subjected to lawsuits in that district even after TC Heartland)

  11. PTAB Hatred is So Intense Among the Patent 'Industry' That Even Scammers Are Hailed as Champions If They Target PTAB

    The patent microcosm is so eager to stop the Patent Trial and Appeal Board (PTAB) that it's supporting sham deals (or "scams") and exploits/distorts the voice of the new USPTO Director to come up with PTAB-hostile catchphrases

  12. The Patent 'Industry' is Increasingly Mocking CAFC and Its Judges Because It Doesn't Like the Decisions

    Judgmental patent maximalists are still respecting high courts only when it suits them; whenever the outcome is not desirable they're willing to attack the legitimacy of the courts and the competence of judges, even resorting to racist ad hominem attacks if necessary

  13. The Patent Trial and Appeal Board (PTAB) Carries on Enforcing § 101, Invalidating Software Patents and Upsetting the Patent 'Industry' in the Process

    A quick report on where PTAB stands at the moment, some time ahead of the Oil States decision (soon to come from the US Supreme Court)

  14. Luxembourg Can Become a Hub of Patent Trolls If the EPO Carries on With Its 'Reforms', Even Without the UPC

    With or without the Unified Patent Court (UPC), which is the wet dream of patent trolls and their legal representatives, the EPO's terrible policies have landed a lot of low-quality patents on the hands of patent trolls (many of which operate through city-states that exist for tax evasion -- a fiscal environment ripe for shells)

  15. The Patent 'Printing Machine' of the EPO Will Spawn Many Lawsuits and Extortions (Threats of Lawsuits), in Effect Taxing Europe

    The money-obsessed, money-printing patent office, where the assembly line mentality has been adopted and patent-printing management is in charge, is devaluing or diluting the pool of European Patents, more so with restrictions (monetary barriers) to challenging bad patents

  16. Links 17/3/2018: Varnish 6, Wine 3.4

    Links for the day

  17. Deleted EPO Tweets and Promotion of Software Patents Amid Complaints About Abuse and Demise of Patent Quality

    Another ordinary day at the EPO with repressions of workforce, promotion of patents that aren't even allowed, and Team UPC failing to get its act together

  18. Guest Post: Suspected “Whitewashing” Operations by Željko Topić in Croatia

    Articles about EPO Vice-President Željko Topić are disappearing and sources indicate that it’s a result of yet more SLAPP from him

  19. Monumental Effort to Highlight Decline in Quality of European Patents (a Quarter of Examiners Sign Petition in Spite of Fear), Yet Barely Any Press Coverage

    he media in Europe continues to be largely apathetic towards the EPO crisis, instead relaying a bunch of press releases and doctored figures from the EPO; only blogs that closely follow EPO scandals bothered mentioning the new petition

  20. Careful Not to Conflate UPC Critics With AfD or Anti-EU Elements

    The tyrannical Unified Patent Court (UPC) is being spun as something that only fascists would oppose after the right-wing, anti-EU politicians in Germany express strong opposition to it

  21. Links 15/3/2018: Qt Creator 4.6 RC, Microsoft Openwashing

    Links for the day

  22. PTAB Continues to Increase Capacity Ahead of Oil States; Patent Maximalists Utterly Upset

    The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly -- a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB

  23. Patent Maximalists Are Still Trying to Create a Patent Bubble in India

    Litigation maximalists and patent zealots continue to taunt India, looking for an opportunity to sue over just about anything including abstract ideas because that's what they derive income from

  24. EPO Staff Has Just Warned the National Delegates That EPO's Decline (in Terms of Patent Quality and Staff Welfare) Would Be Beneficial to Patent Trolls

    The staff of the EPO increasingly recognises the grave dangers of low-quality patents -- an issue we've written about (also in relation to the EPO) for many years

  25. The EPO is a Mess Under Battistelli and Stakeholders Including Law Firms Will Suffer, Not Just EP Holders

    As one last 'gift' from Battistelli, appeals are becoming a lot more expensive -- the very opposite of what he does to applications, in effect ensuring a sharp increase in wrongly-granted patents

  26. The EPO Under Battistelli Has Become Like China Under Xi and CPC

    The EPO is trying very hard to silence not only the union but also staff representatives; it's evidently worried that the lies told by Team Battistelli will be refuted and morale be affected by reality

  27. Links 14/3/2018: IPFire 2.19 – Core Update 119, Tails 3.6

    Links for the day

  28. Links 13/3/2018: Qt Creator 4.5.2, Tails 3.6, Firefox 59

    Links for the day

  29. Willy Minnoye (EPO) Threatened Staff With Disabilities Said to Have Been Caused by the EPO Work Pressures

    Willy Minnoye, or Battistelli's 'deputy' at the EPO until last year, turns out to have misused powers (and immunity) to essentially bully vulnerable staff

  30. IAM and IBM Want Lots of Patent Litigation in India

    Having 'championed' lobbying for litigation Armageddon in China (where IBM's practicing business units have gone), patent maximalists set their eyes on India


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


Recent Posts