Bonum Certa Men Certa

Only After Millions Were Spent on Lawyers Microsoft's Patent Troll in Europe Loses European Patent Used to Shake Down Android (Linux) Vendors

Conversant (formerly MOSAID) loses a tooth, but it doesn't mean it's toothless

Missing old tooth



Summary: More cautionary tales about European Patents being wrongly granted, potentially causing billions to be wasted and millions to be spent in legal fees; Microsoft's attack dogs are still active and their targets demonstrate who the EPO really serves these days

THE patent trolls' business has seen 'healthy' growth in Europe, based on surveys conducted by people who add up the number of court cases and their origin (plaintiff type/s). The Campinos/Battistelli attack on patent quality at the European Patent Office (EPO) is unprecedented. Sure, Brimelow permitted software patents [not] "as such", but things went totally out of control under Battistelli. Contrariwise, the U.S. Patent and Trademark Office saw a decline in the number of patents granted last year (some would attribute this to 35 U.S.C. €§ 101). Only a lawyer or a liar would assert that this means decrease in American innovation.



"Contrariwise, the U.S. Patent and Trademark Office saw a decline in the number of patents granted last year (some would attribute this to 35 U.S.C. €§ 101)."The pile-up of low-quality patents in Europe will harm the most those least able to afford a court battle. The economics of patent trolling rely on these, e.g. SMEs. The last thing a troll wants or needs is lengthy court battle which may result not only in the loss of patents but also having to compensate the wrongly-accused defendant (this increasingly happens in the US). Thankfully, the UPC is more or less dead already, so at least we can still rely on courts (to some degree, assuming one can afford the battle).

Here's some news: citing this older post predating the latest twist of events, Sidney Martin (Quebec Daily Examiner) wrote (emphasis ours): "The European Patent Office (EPO) opposition division has narrowed Afilias Technologies Plc’s device detection patent EP2245836B1 in Europe, as a result of an opposition brought by rival firm 51Degrees. The EPO concluded that the patent as initially granted was not valid."

"Thankfully, the UPC is more or less dead already, so at least we can still rely on courts (to some degree, assuming one can afford the battle)."Had it not been for this opposition, it would be granted and quality is only sliding further and further. It's hard to keep up and file oppositions (the time windows for oppositions were also narrowed in recent years). Kilburn & Strode LLC's Julia Venner and Kristina Cornish have also just published this article about Actavis v ICOS (covered here), demonstrating the narrowing of patent craze in courts, which unlike offices don't just rubberstamp everything and more often than not toss out European Patents.

During Independence Day not many people paid attention to English language news (let alone to court battles). Writing about patents-in-standards (so-called 'SEP', or "standard-essential patents", part of the cynical "FRAND" agenda that includes evergreening ploys in 5G), Rose Hughes takes notes about EP1797659, which is now tackled by Huawei, a Chinese giant (hence Huawei v Conversant), affecting also other Chinese giants such as ZTE.

It's about a patent troll, MOSAID/Conversant, that Microsoft was arming -- using Nokia's 'core' patents -- to attack Microsoft's competition, even in Europe. Guess what... the Supreme Court found that the European Patent is not valid. Quoting Hughes:

The FRAND/SEP saga continues today with a UK High Court decision on the validity of Conversant's patent for 3G mobile phone technology. Mr Justice Arnold found that Conversant's patent is essential and infringed by Huawei and ZTE, but invalid for added matter: Conversant v Huawei [2019] EWHC 1687 (Pat).

For a background summary of the dispute see IPKat here. In short, the case relates to standard essential patents (SEP) patents and Fair Reasonable and Non-Discriminatory (FRAND) licences. SEPs are patents protecting a technology which its owner has declared to be essential to the implementation of one or more of the telecommunications standards. To prevent anti-competitive behavior, standard setting organisations require SEP holders to licence the technology on Fair Reasonable and Non-Discriminatory (FRAND) terms.

In Huawei v Conversant [2019] EWCA Civ 38 (IPKat post here), Conversant sued both Huawei and ZTE in the UK courts for infringement of, what it claimed, were its essential patents. Conversant sought an injunction, damages and a declaration that it had made FRAND offers to the defendants. Huawei and ZTE responded that the English courts did not have the jurisdiction in determining the terms of a global FRAND licence. The Court of Appeal found that the English courts did have jurisdiction to decide on the global licence terms, but could not force Huawei to enter into a global licence (but that they may face and injunction on the basis of the UK designation). The UK courts could, however, decide on the validity of the patent and whether Huawei infringed. Huawei and ZTE have been given permission to appeal this jurisdictional aspect of the dispute to the Supreme Court (the hearing is expected in October this year, see IPKat post here).

In the latest decision Mr Justice Arnold considered whether Conversant's European Patent (UK) (EP1797659) was essential, valid and infringed by Huawei and ZTE. Conversant argued the UK patent was essential to an aspect of the 3G Universal Mobile Telecommunications Standard ("UMTS"), Uplink DRX. Conversant also argued that Huawei and ZTE marketed mobile phones complying with the UMTS, and were therefore infringing the patent. Mr Justice Arnold accepted Conversant's arguments. The Judge agreed that Huawei was not infringing under a literal interpretation of the claims. Particularly, the claims did not cover Uplink DRX under a literal interpretation, but could be found to be essential and infringed under the doctrine of equivalents (Actavis) (para. 201).


Here we have a good example of the harms done by European Patents wrongly granted; no doubt a bunch of law firms made lots of money from it, but at whose expense? It's not too hard to answer that question... ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
 
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day