Bonum Certa Men Certa

US Patent Office and Patent Courts Taking a Stand Against Submarine Patents or Patent Ambushes

Should tackle evergreening similarly

Gil Hyatt
Reference: Inventor battling U.S. over patents from '70s



Summary: When patent trolls armed by Microsoft (in order to attack Microsoft's rivals) find out that submarine patents are no longer worth the paper they're printed on and even examiners refuse to grant such patents

A PATENT which practically or at least metaphorically acts as a form of “submarine" (a form of an ambush) was mentioned a lot about a decade ago [1, 2] in relation to a high-profile case of Rambus. Rambus Incorporated was founded 28 years ago and it is considered a "licensing company," i.e. firm that only/mostly deals with patents. We mentioned submarine patents again last year in relation to OIN. It is a crude form of entrapment and courts can hear arguments to that effect; sometimes examiners too take such considerations into account when assessing whether or not to award a patent.



"It is a crude form of entrapment and courts can hear arguments to that effect; sometimes examiners too take such considerations into account when assessing whether or not to award a patent."A couple of days ago Venture Beat, which focuses on technology, did an interview (i.e. puff piece) with Gil Hyatt, "a man who created a “submarine patent” by continually following up his patent application with new details." Why the scare quotes there? A submarine patent is what it really is. Here's the introduction:

Gil Hyatt’s patience has been tested. After a 22-year delay, the inventor received a patent in 1990 for what he called the first microprocessor, or a computer on a chip. After cutting a deal with Philips Electronics, he began collecting royalties on a lot of electronics products that used the fundamental technology.

In Silicon Valley and elsewhere, Hyatt was viewed as a carpetbagger, a man who created a “submarine patent” by continually following up his patent application with new details. He claims he was a diligent individual inventor who protected his rights. But after the controversial patent award, and after getting 75 patents, the patent office never approved one of his applications again.

More than 40 years later, Hyatt said his important applications are still in limbo. (The typical wait time is 18 months.) He has made at least $150 million from the Philips deal, but he said he is fighting for “justice.” The case took a twist in 2014, when news emerged that the U.S. Patent and Trademark Office had a special way of flagging potentially controversial patents.


Congratulations to whoever at the USPTO did that. The man became a multi-millionaire out of “submarine patents”, just as some other people became multi-millionaires out of patent trolling, i.e. blackmail. They basically take the money of many other people, including some small businesses. The summary of this article in Slashdot says, "80-Year-Old Inventor Gil Hyatt Says Patent Office is Waiting For Him To Die" (as if it's him who is the victim deserving of sympathy!). Thankfully there are many comments there, over 100 of them.

Speaking of trolls and submarine patents, Core Wireless Licensing S.A.R.L. is part of Conversant (formerly known as MOSAID, a Microsoft-connected troll), and it has just found out that its submarine patent cannot be enforced (by virtue of it being part of an ambush). We wrote about it last month and Watchtroll caught up with it quite late (13 days after the decision). It wrote this:

The United States Court of Appeals for the Federal Circuit recently issued a ruling on discussing the equitable doctrine of implied waiver; a decision that will be particularly important for those participating in the standard setting process and engaging with standard setting organizations, or SSOs as they are sometimes called. According to the Federal Circuit, failure to disclose patents and applications relevant to a standard may render a patent unenforceable based on an implied waiver. See Core Wireless Licensing S.A.R.L. v. Apple Inc., No. 17-2102, 2018 (Fed Cir. Aug. 16, 2018) (Before Reyna, Bryson, and Hughes, Circuit Judges) (Opinion for the court, Bryson, Circuit Judge).

This case began when Core Wireless Licensing S.a.r.l. (“Core Wireless”) sued Apple Inc. (“Apple”) for infringing U.S. Patent No.s 6,477,151 and 6,633,536, both of which were directed to an improvement in the way mobile devices communicate with base stations in a digital network. Apple, in turn, argued that the ‘151 patent was unenforceable because Nokia – the original assignee of the ‘151 patent – breached a duty of disclosure it owed to the European Standards Organization (“ETSI”) during ETSI’s development of technical standards addressing propagation delays in GPRS networks. Specifically, Apple argued that Nokia’s failure to disclose a Finnish patent application, to which the ‘151 patent claimed priority, while advancing a proposal to revise the ETSI GPRS standard rendered the ’151 patent unenforceable. While Nokia’s proposal was ultimately rejected and replaced by a competing proposal, Nokia did not disclose its Finnish patent application to ETSI until four years later.


What we have here is a bunch of patents passed at Microsoft's own directions (it explicitly instructed this) to a troll which then attacked Apple and Android/Linux. It's one among many nasty things Microsoft did inside Nokia.

Recent Techrights' Posts

Microsoft Has "Made the Customer the Product."
it's very likely this comment was made by a Microsoft employee
IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
 
Gemini Links 19/02/2025: FreeDOS abd Botfloods
Links for the day
GNU/Linux and Android Trump Microsoft in Saudi Arabia, Bing Down Since the LLM Hype/Hysteria Began
Microsoft leaves a lot of money on the table
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025
IBM's Chronic Neglect Won't Save Anything and It Might Even Get IBM Sued
The problem is likely a lack of manpower, not deliberate shoddiness
Gemini Links 17/02/2025: Ideal OS, AuraRepo Alpha, and Simple Code
Links for the day
The "Cool Kids" Are Already Using GNU/Linux, Microsoft is Just Cheating
The future and the present are Linux
Links 17/02/2025: War on Dissent and Bloggers, Nationalism a Growing Theme
Links for the day
IBM Going International (and India)
It's Monday and a national holiday
GeekWire: Microsoft Bribes Us While We Cover Microsoft Affairs (Spin Doctoring), Hence We Are "Independent"
What good is a "journalist" sponsored by the very same company he or she writes about?
The Attacks on LinuxQuestions.org
Going to Clownflare only worsens the problem
The GNU Manifesto Turns 40 Next Month
The guardian of Free software (definition, licences, philosophy, hosting and so on) has managed to endure and persevere for 40 years. Very few others can say the same.
Microsoft Lunduke Belongs in 4Chan
Assuming Microsoft Lunduke is aware of the full context, he is now trolling not one but two decent organisations
In Europe and in India Richard Stallman Need Not Duck Anymore, People Trying to Cancel His Talk Have No Sway
the last time a talk by Dr. Stallman got canceled was about a year ago
Back From a Short Break
We can now resume and try to stick to the usual pace
Links 17/02/2025: LLMs Failing and Patreon Support Becoming a Burden to Bloggers
Links for the day
Links 17/02/2025: Blogroll Conundrum; Research, Scientists Under Siege
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 16, 2025
IRC logs for Sunday, February 16, 2025