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

07.12.18

The Anti-35 U.S.C. § 101 Lobby Pushes Old News Into the Headlines in an Effort to Resurrect/Protect Software Patents

Posted in America, Apple, Law, Patents at 2:15 am by Dr. Roy Schestowitz

Advanced Voice Recognition Systems, Inc. (“AVRS”) has meanwhile sued Apple with what looks like software patents “in the field of speech recognition and transcription” (according to its own press release)

AVRS history
So the whole ‘company’ is just a pile of patents (since its inception)

Summary: The software patenting proponents (law firms for the most part) are still doing anything they can — stretching even months into the past — in an effort to modify the law in defiance of Supreme Court (SCOTUS) rulings

35 U.S.C. § 101 isn’t too complicated. Based on (or partly inspired by) several SCOTUS decisions, Section 101 limits patent scope and notably eliminates patents on abstract things (or ideas, including algorithms). The USPTO‘s current guidelines ought to assure that no software patents will be granted anymore; nevertheless, there are conflicting interests. That’s why inter partes reviews (IPRs) and court challenges are needed. But, as one might expect, the patent maximalists aren’t happy; they see this as an “attack” (a word they use) on their occupation or an attempt to “kill” (also a word they sparingly use) patents. They nowadays sling their guns and shoot from the hip at IPRs, at judges, and at courts. Some if not many are based in Texas, so the gun-slinging metaphor seems apt; not to mention their obsession with words like “attacks” and “kills”. They call some tribunals “death squads”, evoking a colourful metaphor of genocide.

“They don’t profit from innovation; they make a living from extortion and lawsuits.”Anything that these patent maximalists (some we call “extremists” because they go even further) throw at 35 U.S.C. § 101 is easy to debunk; they just cannot tolerate patent quality, patent justice and so on. They want a culture of protection rackets, not of innovation. They don’t profit from innovation; they make a living from extortion and lawsuits. Their trade involves writing threatening letters, demanding money.

35 U.S.C. § 101 hasn’t been in the headlines lately, partly because of the summer vacation. Some pundits wrote about Mayo, which also helped shape 35 U.S.C. § 101. We wrote about Vanda 3 weeks ago in "The Dangerous Adoption of Patents on Life and Nature" and 3 months ago in "The Federal Circuit's (CAFC) Decisions Are Being Twisted by Patent Propaganda Sites". The case is about Mayo, not about Alice, and it isn’t as “high level” as either of them. In a sense, it’s hardly even a big deal at all. This is very old news, too. Why is Donald Zuhn catching up with it weeks if not months late? Is this the best method for pushing their anti-35 U.S.C. § 101 agenda yet again (as news is slow)?

Earlier this week Zuhn (McDonnell Boehnen Hulbert & Berghoff LLP) wrote:

The memorandum explains that in Vanda, the Federal Circuit determined that the claims at issue are “patent eligible under 35 U.S.C. § 101 because they are not ‘directed to’ a judicial exception” (emphasis in memorandum).

Why is this being brought up in July? Heck, why does Managing IP now cover SAS Institute v Iancu? Its latest issue is summarised as follows (this week): “The issue’s cover story assesses the impact that the US Supreme Court’s SAS Institute v Iancu decision has had– and will have – on the Patent Trial and Appeal Board.”

The Patent Trial and Appeal Board (PTAB) is safe owing to Oil States (the far more important decision). No coverage of the more important decision? Not even in the cover story? Intentional bias? Bias by omission again?

Even Watchtroll’s PTAB bashing has slowed down considerably, knowing that — as per recent events (notably Oil States) — the quality of patents in the US will continue to be scrutinised and PTAB not crushed. This is sadly what we’ve come to expect from media which is literally run by law firms — an epidemic that suffocates real journalism regarding patent matters.

Yesterday Watchtroll resumed its PTAB bashing, cherry-picking an old Apple case. Another patent maximalist has since then brought up a Federal Circuit case, saying that in “Apple v Contentguard (Fed. Cir. 2018); Fed. Cir. Held that Patent Claims for a Copyright Management System Do Not Qualify for CBM Review: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2548.Opinion.7-11-2018.pdf …”

Anything which concerns Apple is, as usual, receiving a lot more attention. In fact, yesterday we saw this new press release from Advanced Voice Recognition Systems, which is a “patent assertion” entity (more or less), as covered in the past weekend's posts. There seem to be no actual (finished) products and they merely list lawsuits and patents in their Web site as though these are their products. From their press release:

Advanced Voice Recognition Systems, Inc. (“AVRS”) (OTC: AVOI) announced today that it has filed a lawsuit in the United States District Court-Northern District for Arizona against Apple, Inc. (“Apple”) for infringement of U.S. Patent No. 7,558,730 entitled “Speech Recognition and Transcription Among Users Having Heterogeneous Protocols” (the “’730 Patent”). The ’730 Patent is the first of AVRS’ family of patents in the field of speech recognition and transcription

Those are software patents. They’re algorithms. Watchtroll is also (on the same day) promoting the HEVC patent trap [1, 2] — a trap which very clearly concerns patented software in large amounts (many patents, probably too many to challenge at scale, as per the MPEG-LA strategy). Watchtroll wrote:

HEVC (also known as H.265) is a video compression standard originally developed to provide high quality video coding using half the bandwidth.

Software patents all over this. All should be considered void under 35 U.S.C. § 101, but there are so many patents that nobody has the funds or will to challenge them all. Certainly not companies like Apple, which actively pariticipate in this “thickening” or “thicketing” (setting up barbwire around industry ‘standards’).

“Mozilla complained about it yesterday, dubbing it “An Invisible Tax”.”The Section 101 conundrum will no doubt continue to occupy the media for a year (if not years) to come. The “thickening” (as in patent thickets) of software standards/APIs, preventing participation by those who lack a large number of patents, is what’s at stake. Mozilla complained about it yesterday, dubbing it “An Invisible Tax”.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. [Meme] Captain Zemlin and Neil McGovern's Ugly Legacy in GNOME (His Predecessors Work for Microsoft Directly Now)

    The Linux Foundation is already ‘sold’ and Microsoft Tim‘s interview with Neil McGovern, published a few days ago, was rather revealing (comments on the article/interview were also harsh)



  2. How Microsoft is Still Worse Than Google

    "I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage."



  3. 'President Bill Gates' Wants to Punish Not Only Google After Using “Extensions” to the Web to Reinforce Microsoft's Monopoly (Antitrust Violations Are a Microsoft Thing)

    In gross distortion of facts and of history and in a rather incredible fashion (very shameless and insulting) the corporate media tries to paint Bill Gates as an antitrust hero that will save the world from monopolies



  4. Donald Trump Helped Bill Gates Increase His Wealth by More Than 50%, Especially During the Pandemic

    Contrary to ridiculous narratives disseminated by nutty accounts all around the Web, Gates and Trump are no foes but 'partners in crime'



  5. Our 14th Birthday is Coming

    We're turning 14 shortly and we need ideas from readers (things that can be done to mark the event and celebrate 'on-line')



  6. In Spite of IBM's Difficult Past and Particularly Dark History, Under Arvind Krishna’s Leadership It Has Only Shown Signs of Improving

    This winter, 6 months after Arvind Krishna’s tenure as CEO began, we can generally say that things seem to have improved and we look forward to further improvements



  7. Links 25/10/2020: GNU Taler's IETF Milestone, RISC OS 5.28 and New Ubuntu Community Council

    Links for the day



  8. IRC Proceedings: Saturday, October 24, 2020

    IRC logs for Saturday, October 24, 2020



  9. Links 24/10/2020: GDB 10.1, Kodachi 7.4, Wine 5.20

    Links for the day



  10. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  11. The Militarised Elephant in the Room Still Commands a Lot of Free Software Development

    We take a difficult (albeit in-depth and perfectly factual) look at IBM's past and present; considering this is the company that controls Red Hat (which in turn controls many key projects in GNU/Linux) we need a better understanding of the real context, not PR fluff and marketing



  12. Juve Patent's Love of Patent Trolls and Their Misinformation

    The press 'gutter' known as Juve (basically propaganda disguised as 'news' since years ago) has gotten to the point where the publisher is just an extension of lawyers and liars



  13. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  14. Look How Many Tux I Give!

    "Long live rms, long live (Hyperbola) GNU/BSD, and happy hacking."



  15. Embrace, Extend, and Extensions: Two New Reasons to Delete GitHub, Which Microsoft Ruined for Everyone (Except the Copyright Cartel and Other Censors)

    GitHub is being turned into a garbage dump with malicious masters (or monsters, or mobsters); many people are denied access for using the 'wrong' browser and developers/projects are being censored (not for doing anything wrong or illegal, either)



  16. [Meme] When EPO Staff Claims to be 'Ill' or 'Sick'... During a Pandemic's European Peak

    Gotta check and verify that those 'lazy' EPO examiners aren't just faking being ill (in order to not meet "production" targets)



  17. The EPO Has Relegated or Lowered Itself to Extremely Poor Standards

    Today's EPO continues to reaffirm the image of global weakness; having failed to improve the working conditions and quality of the work (its actions did the exact opposite), it's nowadays begging China to send over lots of workload irrespective of quality or merit and it is outsourcing the functions of the Office to the United States



  18. Links 23/10/2020: Turing Pi 2, GNU Parallel 20201022

    Links for the day



  19. IRC Proceedings: Thursday, October 22, 2020

    IRC logs for Thursday, October 22, 2020



  20. Links 23/10/2020: 'Groovy Gorilla' Everywhere in the News

    Links for the day



  21. For Better 'Tech Rights' in the United States (and the World at Large) the 'Orange Man' Needs to Go

    With less than a fortnight before election day we explain our stance from a purely tech-related rationale



  22. [Meme] Microsoft Never 'Brought' Skype to GNU/Linux (It Just Bought Skype) and It Never 'Brought' Edge to GNU/Linux Either (Google Did)

    Foolish media or gullible 'journalists' are giving Microsoft credit for other people's work; this isn't the first time either, but it helps perpetuate lies such as "Microsoft loves Linux" (so who cares about facts anyway?)



  23. It's Going to be a Long, Long Winter

    Today we revert back to lock-down mode; we're reflecting and pondering what comes next



  24. TechRadar is an Irresponsible Clickbait and Misinformation Site Disguised as 'News'

    TechRadar is no tech and no radar, either. It's just an opportunistic click-harvesting machine, disguised as a source of "news"; today we deal with the latest example (among many).



  25. Links 22/10/2020: LibreOffice 6.4.7, Septor 2020.5, Ubuntu 20.10 Released, FreeBSD Quarterly Status Report

    Links for the day



  26. IRC Proceedings: Wednesday, October 21, 2020

    IRC logs for Wednesday, October 21, 2020



  27. Living Humbly (With Older Technology or None) is More Compatible With Privacy- and Freedom-Respecting Technological Lifestyle

    Simplicity sometimes trumps so-called 'novelty', especially when it comes to human rights and users' freedom



  28. Reasons Why You (and Everybody Else) Should Join the Fight for Software Freedom

    Society is being closely watched and controlled (more so during/after the latest pandemic) and people must carefully consider the true importance of resisting proprietary technology (controlled remotely by state actors)



  29. Ways and Means to Reduce One's Dependency on Google's Various Monopolies and Near-Monopolies

    Getting rid of Google means a lot more than embracing DumbDumbGo (DDG) or some other sites that spy just like Google; we're taking stock of some options



  30. The European Commission is Still M.I.A. Regarding EPO Corruption (and the EPO's Management Plays Dirty, as Always)

    There's no change in the EU; the EUIPO and EPO enjoy complete and total immunity/impunity, with the Commission being manned by those who are deeply complicit


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