11.04.18

Software Patents Proponents Abound: IAM, IBM, Kappos, OIN and Microsoft

Posted in IBM, Microsoft, OIN, Patents at 2:07 pm by Dr. Roy Schestowitz

Summary: A roundup of lobbying for software patents and against Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs); the big players are still eager to strangle the whole domain with thousands of lawsuits, armies of lawyers, and tens of thousands of US patents of questionable quality/validity (enough to keep their rivals hobbling and fearing)

THE U.S. Patent and Trademark Office (USPTO) continues granting some software patents. And sure, not many or any of them have much of a chance in courts. Especially not high courts like SCOTUS or even the Federal Circuit. Just look at their track record.

“Over the past week there have also been reports about another Microsoft-funded patent troll suing almost all of Microsoft’s rivals in this space (security).”The patent trolls’ lobby, IAM, is trying hard to change that. Patent aggressors pay IAM for the effort and days ago they promoted software patents in an event called Software IP. Guess who opened the event: IBM, the new (soon to be confirmed) owner of Red Hat. Let that sink in for a moment. It’s actually not surprising as it’s consistent with IBM’s stance on the matter.

“Brian Kuhn from @IBM delivers this year’s keynote address,” IAM declared. At around the same time David Kappos, who had worked for IBM before he became the Director of the USPTO (he’s now more like a lobbyist of IBM), got boosted by the front group misleadingly named “Innovation Alliance” (hint: it is not about innovation but litigation, it should be named accordingly but “Litigation Alliance” sounds bad). Kappos is a paid lobbyist for software patents — he is paid by patent powerhouses including IBM and Microsoft — both companies being feeders of patents trolls. Their tweet said: “Fmr. @USPTO Dir. Kappos and Judge Michel: Congress needs to pass legislation that redefines #patent eligibility standards to overrule recent #SupremeCourt decisions #PatentsMatter @MorningConsult https://morningconsult.com/opinions/supreme-court-patent-decisions-stifling-health-care-innovation/ …”

It’s basically that same old rant of theirs about SCOTUS. The “Innovation Alliance” then went on to bashing PTAB, which is consistent with the above agenda of lowering the patent bar. This anti-PTAB alliance, boosted by radicals who created anti-PTAB groups, is doing anything it can think of to slow down or obliterate PTAB. As we recently noted, however, based on the numbers, PTAB remains strong and “PTAB petition filing in the third quarter of this year was the highest since the second quarter of 2017,” according to Michael Loney’s latest tally.

Going back to IAM and its IBM-led (keynote) event, here they are writing about Northrop (to be mentioned later in the week in the misleading article from IAM, promoting abstract/bunk patents) [1, 2, 3, 4]: “Northrop – clearly given the amount of money we have in place we’re bullish on patents and software patents although still dealing with some unpredictability in the system [..] diligence process is definitely more robust when there are a lot of software patents in a portfolio [...] having diversity in your portfolio (such as in terms of geography) allows you to blunt some of the impact of Alice [...] I think the negative impact of Alice can be overplayed a bit. It got rid of some really bad patents and is cleaning up the system a little bit…”

A lot if not all software patents are not desirable to the software domain. At all. It isn’t as though there were programmers in that crowd though. It was an echo chamber of lawyers/attorneys. Someone called Pierantozzi is quoted/paraphrased as saying “there’s more confidence, less uncertainty [in software patents] especially in portfolios that are tied to technology…”

Keith Bergelt, a former US diplomat who worked in patent ‘monetisation’, was there too and he’s paraphrased as saying “having Microsoft as a licensee [in OIN] is symbolically important and it’s important for the entire community…”

If only they stopped feeding patent trolls — something OIN can do virtually nothing about. It’s worth reminding ourselves that Bergelt succeeds a person from IBM, who was the first head of OIN. In fact, OIN still is a very IBM-centric group.

A few days ago an article was published with the headline “Microsoft Wants to Make Peace with the Open Source Community” (then stop feeding patent trolls and financing firms that smear FOSS).

One Microsoft-connected patents troll that repeatedly attacked GNU/Linux firms (including Red Hat quite a few times) is still busy suing, based on this new report:

Cook Medical has won a successful dismissal of a patent infringement claim brought by Endotach, a subsidiary of Acacia Research Group.

Endotach’s appeal was dismissed by the US Court of Appeals for the Federal Circuit, which affirmed the US District Court for the Southern District of Indiana’s summary judgement that Endotech’s US patent (5,122,154) was invalid under section 102 of the US Patent Act.

Cook was originally sued by Endotach in 2012 at which point the patent had already expired.

[...]

The Supreme Court held that the equitable defence of laches no longer applied to cases where the alleged infringement occurred during the statutory period.

Over the past week there have also been reports about another Microsoft-funded patent troll suing almost all of Microsoft’s rivals in this space (security). As we noted before, there’s this press release and shallow press coverage. Exactly one month ago they got a patent back in play and they’re still as aggressive as ever while Microsoft carries on stockpiling new patents (examples in [1, 2]).

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

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 16/1/2021: LibreOffice 7.1 Release Candidate, Zeroshell 3.9.5, FreeBSD Report, and GhostBSD 21.01.15

    Links for the day



  2. Free Speech on the Web Not Respected by Companies That Used to Support Software Freedom

    Mozilla does not have to make its Web browser about politics; it can just make an excellent piece of software that is neutral about the Web pages that it renders, based on the user's personal preferences



  3. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part I: We Are Under Attack by Corporations and Their Salaried Facilitators

    The corporate takeover (taking over the Commons, produced by volunteers who are motivated by altruism) is a subject we must speak about and somehow tackle; this series will highlight uncomfortable or difficult truths



  4. InteLeaks – Part XVI: Intel Cannot Do Command Line, Even When It's Vastly Simpler and More Suitable for Development

    The Developer eXperience (DX) team at Intel seems to be full of Microsoft drones instead of developers and/or mildly technical people; this has not only harmed the quality of documentation but also upset staff, alienating people who actually understand what developers need (more than buzzwords like "DX")



  5. IRC Proceedings: Friday, January 15, 2021

    IRC logs for Friday, January 15, 2021



  6. Links 15/1/2021: KaOS 2021.01, Whisker Menu 2.5.2, Istio 1.8.2

    Links for the day



  7. InteLeaks – Part XV: Intel is Blind to Blind and Colour-Blind People

    Intel does not seem to grasp very basic concepts associated with accessibility; nevertheless, Intel shamelessly tries painting itself as "woke" and a "justice warrior" (policing speech while overlooking much-needed practical work)



  8. Links 15/1/2021: GStreamer 1.18.3 and Proton 5.13-5

    Links for the day



  9. IRC Proceedings: Thursday, January 14, 2021

    IRC logs for Thursday, January 14, 2021



  10. Links 14/1/2021: Wine 6.0, Debian 11 Freeze, and Alpine Linux 3.13

    Links for the day



  11. Patent Propaganda and UPC Jingoism Instead of Actual News

    Today's so-called 'news' about the EPO (Europe's second-largest institution) and the failed UPC is nothing short of shameless propaganda



  12. Links 14/1/2021: Season of KDE 2021 Selection, Mesa 21.0.0-RC1, Tor Browser 10.0.8

    Links for the day



  13. InteLeaks – Part XIV: Technical Incompetence and Incoherence Leading to Alienation and Brain Drain

    The idea that Intel "loves Linux" or "supports Linux" is somewhat of a sham; one needs only to consider what Intel insiders are saying about that, having witnessed it firsthand



  14. IRC Proceedings: Wednesday, January 13, 2021

    IRC logs for Wednesday, January 13, 2021



  15. Links 13/1/2021: $150 RISC-V Computer With GNU/Linux, Intel Replaces CEO Again, and New Fedora 34 Plans

    Links for the day



  16. Unitary Patent is Dead and Lies About the Unified Patent Court (UPC) Aren't Ending

    Not "Russian agents" but concerned European citizens are beginning to see the truth behind the Unified Patent Court, which the 'media' has wrongly called "Unitary Patent Court" three times in 2 days



  17. InteLeaks – Part XIII: GNU/Linux Documentation From People Who Never Even Use GNU/Linux

    Inside Intel there's a whole bunch of embarrassing secrets about the Developer/Development eXperience ("DX") team; no wonder documentation efforts have been lacking and far too much time wasted putting such documentation together



  18. Links 13/1/2021: Mozilla VPN, NeoChat 1.0.1 and Sci-Hub Under Attack

    Links for the day



  19. IRC Proceedings: Tuesday, January 12, 2021

    IRC logs for Tuesday, January 12, 2021



  20. GNOME Foundation is Still Participating in the Attack on Richard Stallman

    GNOME's supposed 'representatives' (close-knit friends with Microsoft connections) continue to attack RMS (Richard Stallman), the founder of GNU (the G in GNOME) and the Free Software Movement



  21. Links 12/1/2021: GTK 4.0.1 Released, Jailbroken iPhone 7 Running Ubuntu

    Links for the day



  22. InteLeaks – Part XII: Intel Isn't Interested in Improving and Instead It's Shooting the Messengers Who Highlight Areas for Improvement

    It seems rather clear that Intel (quite frankly like many other companies but perhaps even more so than the rest) isn't interested in self-assessment and instead it's looking to muzzle or even oust constructive critics



  23. IRC Proceedings: Monday, January 11, 2021

    IRC logs for Monday, January 11, 2021



  24. Tiger Computing Ltd Afraid of Being Seen as Close to the British Military, Resorts to SLAPP Against Blogger and GNU/Linux Developer

    Tiger Computing Ltd (UK) has resorted to baseless legal threats against critics and sceptics, based on clear and obvious misuse of trademark or copyright laws (they don't even seem to know the difference)



  25. Marketing Companies (Disguised as News Sites) Badmouth Linux, Go, Monero and More

    Another day, another shallow piece associating “Linux” with security risks based on something that has nothing to do with GNU/Linux and generally boils to nothing like a real threat (unlike Windows back doors)



  26. The Media is Slurring and Misleading Linux Users Instead of Just Telling the Mundane and Objective News

    The "big sites" or the so-called 'news' sites seem incapable of just objectively covering the news (in line with journalism/journalistic standards)



  27. Links 11/1/2021: Kdenlive 20.12.1, fwupd 1.5.5, Microsoft Offline Again

    Links for the day



  28. InteLeaks – Part XI: Accountability Issues and Disdain for Views/Opinions of Actual GNU/Linux Users/Developers/Communities

    The truth about internal affairs at Intel and developers' struggle with "low/non-tech involvement," as told by insiders



  29. Links 11/1/2021: Linux 5.11 RC3, Firefox Integrates More Patent Traps

    Links for the day



  30. As Microsoft Windows Drops to Just 30% Market Share the Microsoft-Connected 'Net Applications' Wants You to Think Windows Still Has Over 90% of the Market

    StatCounter says Windows is down to 30% this month (Android is at over 42%) and it’s time to talk about the lies which are still being spread by Net Applications (many so-called ‘news’ sites helped spread those lies last year, including so-called ‘Linux’ sites)


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