04.10.19

EPO Benefits European Patent Trolls With Dodgy European Patents

Posted in Deception, Europe, Patents at 5:11 am by Dr. Roy Schestowitz

Grasshopper

Summary: The EPO is a stepping stone for parasitic entities looking to leverage patents for exploitative extortion rackets all over Europe; if they get their way, companies that manufacture and sell things will pay a hefty tax to those who create nothing at all and are often not European, either

EARLIER this year we wrote on a number of occasions about the European Patent Office (EPO) and Licensing Executives Society International (LESI) getting together; it was upsetting but not shocking because we had already seen the EPO getting together with patent parasites and trolls.

LESI now has this new press release about “[j]oint LESI-EPO training course for SMEs on technology commercialisation” (typical “SME” spin) and this was retweeted by EPO PR people yesterday, saying that they have “jointly developed 2-day training course, “Succeeding at Technology Commercialisation and Negotiation” to be held in Basel, Switzerland, 26 – 28 June.”

“The patent maximalists are like politicians who leverage “the kids” and “terrorism” in order to get their way. They use words like “pirates” and “theft” (when talking about similarity of things).”It’s bad enough that the EPO is liaising with front groups of patent trolls in another continent. António Campinos has done that several times before, reinforcing the perception that the EPO is a foe of European people and ally of large non-European multi-national corporations. This is more of what we have come to expect, having seen the EPO doing interviews with American patent extremists (sites that promote software patents and patent trolls, bash judges and bully officials). We’re thinking primarily (but not only) about Watchtroll. To give examples from this week, Eileen McDermott (editor) is now trying to paint software patents as “medical” — the new lie/trick of patent extremists. She calls it “diagnostics and computer-implemented inventions” as in (as per the summary): “Current patent eligibility concerns tend to tip the scales against patenting. Uncertainty about being able to get a patent and license it weighs against pursuing diagnostics and computer-implemented inventions—at least in the United States.”

Over at Watchtroll, software patents gradually become “computer-implemented inventions” (CII) and even though there is nothing inherently "medical" about algorithms they use terms like SaMD. This relatively new “medical” slant on software patents is designed to steer us into a moral panic, as in “if you don’t grant me software patents, then people will die!”

The patent maximalists are like politicians who leverage “the kids” and “terrorism” in order to get their way. They use words like “pirates” and “theft” (when talking about similarity of things).

Watchtroll also wrote this yesterday: “Recently, I’ve written several articles laying the blame for the patent eligibility crisis squarely on the Federal Circuit.”

So says Gene Quinn, who regularly attacks judges and courts which aren’t patent extremists like him. Paul Morinville does not get it either. Patents are a monopoly, yet he says “Startups with Patents are the Ultimate Anti-Monopoly” and was unable to put together a coherent argument when challenged over it last week. Startups are most vulnerable to patent lawsuits. Morinville and Quinn regularly bash PTAB (the equivalent of EPO judges) and promote software patents. These are the sorts of people the EPO nowadays chooses to associate with. But thankfully, Watchtroll is collapsing. The same is true for other such site. The patent microcosm in the US is in a state collapse/disarray. So their sites are rotting too. I remember when they used to regularly write articles. Actual articles. Analyses…

When not posting ads for events, Patent Docs reduces itself to marketing spam for companies that do privateering with patents (as it did yesterday). Patently-O barely even writes a single article per day now. It used to do several.

Going back to Europe, where does it stand on patents? Well, a couple of weeks ago we wrote about a European patent troll, Sisvel, targeting the Free software community by aiming software patents at Free/libre codecs. “The Alliance for Open Media Statement” has just been published to say:

The Alliance for Open Media (AOMedia) unites leading internet and media technology companies in a collaborative effort to offer open, royalty-free and interoperable solutions for the next generation of media delivery. AOMedia is aware of the recent third-party announcement attempting to launch a joint patent licensing program for AV1. AOMedia was founded to leave behind the very environment that the announcement endorses – one whose high patent royalty requirements and licensing uncertainty limit the potential of free and open online video technology. By settling patent licensing terms up front with the royalty-free AOMedia Patent License 1.0, AOMedia is confident that AV1 overcomes these challenges to help usher in the next generation of video-oriented experiences.

A large German patent troll has a lot to do with it, as well as the American front group, MPEG-LA, which is supported by Microsoft, Apple, and Nokia. They try to impose software patents on everything. In the case of video, Unified Patents keeps targeting Velos, as this post from yesterday reveals:

On April 8, 2019, Unified filed a petition (with Finnegan serving as lead counsel) for inter partes review (IPR) against U.S. Patent No. 9,100,634, owned by Velos Media, LLC (Velos), as part of Unified’s ongoing efforts in its SEP Video Codec Zone.

The ‘634 patent and its corresponding extended patent family is one of the largest families known to be owned by Velos. Including this petition, Unified has now challenged patents representing over 35% of Velos’ total known U.S. assets.

Unified Patents has already gone after several other patents of Velos and there’s this Microsoft-connected patent troll (Dominion Harbor armed by Intellectual Ventures) perishing in PTAB because Unified Patents makes new gains. Also on the subject of Microsoft, which truly turned Mokia into a patent troll (and troll feeder), mind this latest post at FOSSPatents. “My NokiaPlanP [Patents] is happening,” Benjamin Henrion wrote yesterday, citing this report:

It is high time that the automotive industry stopped being the ideal target of shakedown attempts by standard-essential patent (SEP) holders due to its sheer size, the high prices of its end products, and its pacifist attitude. For a long time, car makers used to be on the sidelines of major disputes. They generally resolved any IP issues out of court, respecting exclusionary rights in some cases and cross-licensing (or simply refraining from hostilities) in many others. But times have changed, and with cars increasingly becoming smartphones on wheels, those car makers are no longer dealing with a herd of sheep when it comes to patent assertions but have entered a jungle teeming with predators. As a result, they must confront those challenges more decisively, lest they be eaten alive.

Against this backdrop I’d like to promote (not getting anything for it) an upcoming Munich conference hosted by the Bardehle Pagenberg firm: Automotive Patent wars — To pay or not to pay: That is the question.” on May 9.

[...]

Having watched Nokia in litigation over many years (even going back to its first dispute with Apple), and the unfortunate (for Nokia and its stakeholders, though not for consumers) demise of its mobile device business that changed its attitude toward patent monetization, I’m not surprised that it apparently made demands that Daimler wasn’t willing to meet without a fight. Daimler is also defending itself against Broadcom’s German lawsuits (as is BMW).

The EPO has already adopted a bunch of new buzzwords and acronyms like SDV, which it used to disguise abstract patents "on a car".

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 22/1/2021: pfSense Plus, Endless OS Foundation, and Many Laptops With GNU/Linux

    Links for the day



  2. The Linux Foundation is Trying to Obscure Racism Using Microsoft-Inspired Tactics (Vouchers Disguised as Actual Money)

    The Linux Foundation and its PR stunts don’t help combat racism; one might argue that the Foundation is leveraging racism, which prevails in the US, to paint itself as benevolent and caring (offering immaterial things and self-serving press releases)



  3. InteLeaks – Part XXVII: 'Pulling a Nokia' on Intel (Outsourcing to Microsoft)

    The recommendation of an Intel marriage with Microsoft (even in units that deal mostly with Linux) is an insulting slap across the face of developers employed there; we take a look at recommendations made to IoTG (Intel) by a firm with Microsoft orientation



  4. IRC Proceedings: Thursday, January 21, 2021

    IRC logs for Thursday, January 21, 2021



  5. InteLeaks – Part XXVI: Harbor Research is Horrible 'Research', Lacking Actual Technical Background

    Having looked at the members of staff of Harbor Research (individually), it seems clearer now why they have an affinity for Microsoft and why they're directing Intel to liaise with Microsoft and become a prisoner of Microsoft (even in areas where Microsoft is increasingly irrelevant)



  6. Links 21/1/2021: Raspberry Pi Pico, Ubuntu 21.04 Picks GNOME 3.38, KDE Plasma 5.21 Beta

    Links for the day



  7. How a Newly Inaugurated President Biden Can Advance Software Freedom (If He Actually Wishes to Do So)

    Techrights has 'Four Suggestions' to President Biden, the 46th 'front end' of American plutocracy



  8. InteLeaks – Part XXV: Intel's Brain Drain Leads to Unusual Measures

    As the company once known as 'chipzilla' loses its relevance and dominance in the market it's reaching out to retired people, trying to get them back onboard



  9. Hey Hi (AI) is Just a Trojan Horse for Illegal Software Patents, According to EPO Management and Litigation Firms It's in Bed With

    The longtime pushers or the lobby of patent profiteers just carry on pushing for software patents, nowadays latching onto the inane and unwarranted media hype around Hey Hi (AI) — a hype wave that was co-opted by EPO management to grant unlawful patents



  10. The Central Staff Representatives (CSC) of the EPO Are Petitioning to End the Assault on EPO Staff

    The EPO, just one month after the staff went on strike, is about to receive a compelling petition to stop the assault on EPO staff



  11. InteLeaks – Part XXIV: Love for Microsoft, Not for Free Software or Whatever Replaces Microsoft

    Intel is basing its big decisions on buzzwords and firms that master buzzwords; it's sad that instead of listening to Intel's own (in-house) engineers it's relying on a bunch of clowns who push 'Clown Computing' and 'apps' and 'UX'...



  12. IRC Proceedings: Wednesday, January 20, 2021

    IRC logs for Wednesday, January 20, 2021



  13. Links 21/1/2021: Google Tightens the Screws on Chromium, VideoLAN VLC 3.0.12

    Links for the day



  14. IBM Panics and Resorts to 'Customer Retention' Tactics With Red Hat Enterprise Linux (RHEL)

    IBM 'frees' RHEL but with limitations that can restrict growth of small companies (or subject them to financial barriers, originally unforeseen)



  15. Recent Techrights Articles About President Joe Biden

    Instead of writing yet more stuff about the latest US president, let's look back at what we wrote in recent weeks/months



  16. Links 20/1/2021: LibreOffice 7.1 RC2 and the RHEL Contingency

    Links for the day



  17. InteLeaks – Part XXIII: Intel Paying for Bogus 'Research' 'Insights' Which Merely Seek to Justify Outsourcing to Microsoft and Imposing Microsoft's Proprietary Software on Free Software Developers

    Intel's preference for Microsoft monopoly (an imposed/top-down decision) was seemingly certified by so-called 'consultants' and 'analysts' from the outside rather than the inside, basically manufacturing a false perception of consent after managers had already made up their minds



  18. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part V: How FSF Secrecy Ended Up Insulting People, Alienating Trans Developers

    Having just uploaded this introductory video, we delve into the backstory or the real reason the FSF sank into somewhat of a crisis with the trans community almost half a decade ago



  19. InteLeaks – Part XXII: Bubbles and Buzzwords, No Substance at Intel's Internet of Things (IoT) Group (IOTG)

    The video above is continuation of the previous part about a document full of superficial buzzwords (not technical jargon anywhere), in effect recommending to managers that they blindly follow trends and cargo cults (such as Clown Computing) and not what’s most suitable for technical excellence



  20. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



  21. Links 20/1/2021: WireGuard for pfSense and New US President

    Links for the day



  22. Links 19/1/2021: Krita 4.4.2 Released and JingOS Hype

    Links for the day



  23. Team UPC Keeps Pretending That UPCA Can Still be Resurrected (Even Without the UK, Which is Strictly a Requirement)

    The latest distortion of facts regarding the Unified Patent Court (UPC) Agreement (UPCA) as seen from the lens of people who seek to profit from such distortion



  24. 'Ethical Source' is Not Ethical and Not a Movement But a Misguided Self-Serving PR Stunt

    Something which is neither enforceable nor ethical is being promoted by profoundly unethical media in the pockets of large corporations



  25. InteLeaks – Part XXI: Intel Seeking Advice From a Bunch of Clowns (Harbor 'Research')

    A firm called Harbor 'Research' is making dubious recommendations to Intel; as shown in the above video, there's also an obsession with buzzwords (typically suggestive of a lack of technical grasp/understanding)



  26. IRC Proceedings: Monday, January 18, 2021

    IRC logs for Monday, January 18, 2021



  27. The US Election Was Not Rigged, But the Nomination Process Was (Undermined to Maintain Control by Oligarchy)

    Cheating/driving the left out of the Democratic Party seems like a longstanding tradition and we know who stands to gain from it; moreover, problems remain in the voting process because it's controlled by secret code of companies like Microsoft (in spite of the openwashing)



  28. InteLeaks – Part XX: Redacted (for Names Only) Release of Intel File About Developer eXperience (DX) Meddling in GNU/Linux

    Today (or tonight) we release the first 'phase' of InteLeaks in a sensibly redacted form; coming up next is a surprise from Team Microsoft



  29. Sites in Bed With the EPO and UPC 'Covering' the 'News' Without Mentioning Any of the Overt Abuses

    It is rather sad that blogs like IP Kat have turned into proponents of abusive EPO management and Team UPC increasingly resorts to lying using pseudonyms (to avert criticism and accountability); much of the rebuttal or response that’s hinged on reality/facts can only be found in comments, which are still subjected to a face-saving moderation process (conducted by Team UPC)



  30. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part IV: Stories From the Depths of the Free Software Foundation (FSF)

    To reduce or alleviate suspicions and a potential of mistrust the FSF needs to become more transparent and liberate information (such as the real reason Bradley Kuhn left, as noted in the previous part)


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