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

08.05.18

Understanding of Microsoft’s Patent Strategy Requires Scrutiny of the Patent Trolls It’s Connected to

Posted in Microsoft, Patents at 10:48 pm by Dr. Roy Schestowitz

Microsoft nowadays sells its hosting as a ‘protection’ racket and it has euphemistically called it “Azure IP Advantage” [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20]

Fox

Summary: As Microsoft’s strategy appears to be arming patent trolls and then selling ‘protection’ from them we must still keep abreast of the actions of Microsoft-connected trolls and especially their lawsuits (because these are visible)

THOSE who believe that Microsoft has left patent aggression behind simply don’t pay close enough attention. Look at some recent USPTO grants; days ago there were many reports about patents that Microsoft would likely leverage against Android, e.g. [1, 2, 3, 4, 5]. Microsoft barely sells anything in this domain; Android dominates. There was also this patent application which reveals Microsoft’s surveillance ambitions (getting people’s blood pressure).

To better understand Microsoft’s patent strategy, however, one must look at the trolls it associates with (founding, arming, funding). There are quite a few such trolls and we have spent over a decade tracking those. It doesn’t take much research. A lot of the information is publicly available.

About two years ago GoPro was mentioned here in Microsoft’s Copyrights- and Patents-Based Attacks on GNU/Linux Carry on; we wrote that after Microsoft had targeted GoPro, whose products often incorporate Linux.

GoPro was mentioned again yesterday by Joseph Robinson, Robert Schaffer, and Steve Brachmann (Watchtroll). It’s about something which was covered days earlier in relation to the Federal Circuit, dealing with a Patent Trial and Appeal Board (PTAB) inter partes review (IPR):

GoPro petitioned for inter partes review of the ’954 and ’694 patents and challenged the patentability of the claims on obviousness grounds, relying on a 2009 GoPro sales catalog as prior art in each petition. The GoPro Catalog discloses a digital camera linked to a wireless viewfinder/controller that allows for a user to preview before recording.

The Board instituted both IPRs, and in its decisions to institute, the Board found that GoPro made a threshold showing that the GoPro Catalog is prior art. After the hearing, however, the Board found that the GoPro Catalog did not qualify as a prior art printed publication under 35 U.S.C. § 102(b), and because all the instituted grounds were based on the GoPro Catalog, the Board found that GoPro had not demonstrated that the challenged claims of the ’954 and ’694 patents were unpatentable under 35 U.S.C. § 103. GoPro appealed from these final written decisions to the Federal Circuit.

The name of the troll that goes after GoPro is Contour IP Holding, whose sole online presence is this case against GoPro. So the main question is, who’s behind it? We’ve never heard of it before. It’s worth checking whether Contour IP Holding just totally vanishes after a year or so. It would not be uncommon.

Speaking of shells, how about Interval Research Corporation, which is the creation of Microsoft’s co-founder? It’s a troll that recently re-emerged and Watchtroll has these details on how 35 U.S.C. § 101 dismantled nuisance litigation against AOL:

Recently, the Federal Circuit affirmed a judgment finding patent claims asserted by the patent owner, Interval Licensing, failed to recite patent-eligible subject matter under 35 U.S.C. § 101. See Interval Licensing LLC v. AOL, Inc. (Fed. Cir. July 20, 2018) (Before Taranto, Plager, and Chen, J.) (Opinion for the court, Chen, J.) (Concurrence-in part, Dissent-in part, Plager, J.).

The patent related to an “attention manager” for a “display device,” which could make use of “unused capacity” by showing content in unused portions of the display. The “attention manager” could display secondary content in an area not covered with primary content, or when the “display device” was turned on, but not actively engaged by a user (e.g. a computer wallpaper).

Moving on to another Microsoft-connected lawsuit, there is this report about IPVALUE and Longitude Licensing. Remember that Seiko Epson’s patents are connected to Intellectual Ventures (IV), as we noted late last year. Lloyd’s and Wild’s colleague, Jacob Schindler, said this:

Recent USPTO records have revealed what looks like Seiko Epson’s largest ever patent divestment. The Japanese electronics firm transferred nearly 2,000 patents in total to entities linked with Longitude Licensing in a series of assignments stretching back to last December. The Dublin-based NPE was acquired by private equity two weeks ago and has since announced a partnership with IPVALUE. In all, there are three assignments from Seiko Epson listing Longitude Licensing as the correspondent. In December 2017 and last month, the Japanese firm transferred 68 and 87 US assets respectively to Advanced Interconnect Systems Limited (AISL).

As we’ve never heard of Advanced Interconnect Systems Limited before and it is only being mentioned on the Web by RPX we assume that it’s some kind of troll. “Advanced Interconnect Systems Limited was set up on Monday the 23rd of October 2017,” according to this, so it appears to be a shell based (or registered) in Ireland.

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 26/4/2019: Best GNU/Linux Laptops and More

    Links for the day



  2. Research Into Who's Putting DRM Inside Linux

    Back doors may be hard to detect (requires understanding a lot of underlying code), but how about malicious 'features' or antifeatures that are put in the kernel to serve Hollywood at the expense of the kernel's users?



  3. "Dia da Liberdade" in Portugal -- Wilted Carnations in EPOnia

    "Reliable sources report that the discontent continues to simmer among the EPOnian peasantry and that the steam is slowly but inexorably building up inside the pressure cooker," tells us a guest writer



  4. The Quality of Patents is Connected to the Quality of Life of Patent Examiners

    EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms



  5. American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

    Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)



  6. Links 25/4/2019: Rancher Labs Releases Slim OS, OpenBSD 6.5 is Ready

    Links for the day



  7. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  8. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  9. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  10. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  11. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  12. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  13. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  14. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  15. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  16. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  17. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  18. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  19. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  20. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  21. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  22. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  23. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  24. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  25. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  26. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  27. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  28. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  29. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  30. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line


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