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IAM and IBM Want Lots of Patent Litigation in India

Posted in Asia, IBM, Patents, RAND at 6:55 am by Dr. Roy Schestowitz

Not just low-salaried labour/workforce for IBM

India IAM lobbyingSummary: Having ‘championed’ lobbying for litigation Armageddon in China (where IBM’s practicing business units have gone), patent maximalists set their eyes on India

IBM is trying to change the USPTO, having had a Director in it for a number of years (he’s now working for IBM as a lobbyist). IBM is a patent bully and almost a troll (IBM still sells some products, so it’s premature to start calling it a “patent troll”).

IBM used software patents against Twitter (many did not notice that), extracting perhaps tens of millions of dollars without actually doing anything.

Florian Müller, an IBM critic, has just published this blog post about a core Twitter patent in the post-Alice era. “Worst-case scenario for Twitter,” he added, is that “some of its “own” patent claims might belong to Indian inventor, who could then sue Twitter.”

From yesterday’s blog post:

It could be that an Indian patentee ends up owning what was considered a core Twitter patent. But he’s not quite there yet. His U.S. Patent Application No. 15/053,889 is facing an Alice (§101) rejection by the examiner, which he is appealing (the appeal was filed in late November). Most recently, the examiner sought to defend his rejection in his mid-February answer to the appeal brief.

Twitter’s older and narrower patent was granted at a pre-Alice time; but the broader one was granted in 2015. The USPTO is clearly applying double standards so far, holding the same claims abstract in one case after not holding them abstract in another. That’s not good.

PTAB/district courts/CAFC would likely just say, “go away, opportunist/troll…”

They’re no longer tolerant of such patents.

Speaking of India, Dolby does not create anything concrete in India; nothing but patent lawsuits. But a person from Dolby, a speaker at an upcoming IAM event in India (possibly with the usual advocacy of software patents in India), will certainly enjoy yesterday’s puff piece that says:

Documents filed with the Delhi High Court show that Dolby Laboratories called off a dispute with Oppo last December after more than a year of litigation. For the US-based licensor of audio standards technology, the Oppo deal followed on two settlements with Indian defendants during the course of 2017.

Dolby made its first patent assertions in India in 2016, with Oppo and Vivo as its initial targets. In October that year, Delhi High Court Justice Rajiv Sahai Endlaw laid out an interim royalty payment regime requiring both defendants to deposit 34 rupees ($0.52 at today’s rates) with the court per device sold. According to SpicyIP, the court subsequently required the two Chinese brands to “furnish bank guarantees for the entire amount of the royalty payments due to the plaintiffs”.


Dolby’s latest cases demonstrate why FRAND and SEP issues will be high on the agenda here in Mumbai.

IAM has long lobbied for software patents in India, for FRAND, and SEP (see examples from last year [1, 2, 3, 4, 5]). IBM did the same thing in India (we wrote articles about that). IAM is the spin department/think tank (setting up lobbying events). It’s just using Dolby (above) as a “model” example by which to drive the agenda. IAM and IBM are often on the same wavelength; both are patent maximalists that want the public to think that patents and innovation are the same thing and only patent litigation (or ‘monetisation’) is the fulfillment of a patent.


As Japan Moves Towards Reducing Patent Lawsuits and Curbing SEP Abuse Will the United States Follow Suit?

Posted in America, Antitrust, Asia, IBM, OIN, Patents, RAND at 2:56 am by Dr. Roy Schestowitz

Ask Makan Delrahim

KDDI Corporation logo

Summary: Japan is getting tougher on standards-imposed patent traps (SEP), the US may be getting ready to do the same, and Japan’s KDDI Corporation joins OIN

WE recently wrote about Japan's growing comprehension of the SEP threat, unlike the US with Makan Delrahim (a lobbyist) in charge of antitrust matters. President Trump fills his swamp and it truly shows (just look at his USPTO Director pick, soon to speak at an IAM event). As IAM put it the other day: “Another speech from @TheJusticeDept’s Makan Delrahim suggesting US gov is looking very closely at use of antitrust enforcement in standard setting https://www.justice.gov/opa/speech/assistant-attorney-general-makan-delrahim-delivers-remarks-college-europe-brussels” (think about Qualcomm for instance).

Watchtroll, in the mean time, is frustrated that on patents “Trump DOJ is on the same page as the Obama DOJ, which is hard to fathom given all the promises made by President Trump during his campaign.”

“The patent maximalists sure hope that chaos will be restored as they profit from that chaos.”Watchtroll now helps the lobby for patent chaos, hoping that republishing a letter will help it have impact. The patent maximalists sure hope that chaos will be restored as they profit from that chaos.

As we recently noted, Japan (and JPO) recognises that patent litigation isn’t desirable (unless you’re a lawyer) and this new report says that “Japan will soon implement a process that will swiftly resolve disputes over patents that are crucial to adhering to certain technical standards…” (that’s SEP)

This is a good thing. Consider the fact that, as IAM put it last week, Hitachi fed patents to “NPE Microconnect in the past several months.”

“…Japan is moving in the same direction as the US. The EPO, by contrast, moves in the same direction as China (SIPO).”“NPE” is a euphemism for patent troll and it’s worrying to think that a Japanese giant will resort to this. This is good for IAM and its paymasters of course, but what about Japan in general? IAM has just published this sponsored ‘article’ for Shobayashi International Patent & Trademark Office (Japan), so it’s clear that IAM is in the pockets of the Japanese patent ‘industry’ (litigation), not actual industry.

A week ago it was announced that KDDI, a communications service provider in Japan, had entered the Linux-centric Open Invention Network (OIN). A press release got disseminated (e.g. [1, 2]) to say:

Open Invention Network (OIN), the largest patent non-aggression community in history, announced today that KDDI Corporation (KDDI) has joined OIN as a community member. As the first key communications service provider in Japan to enroll in the OIN community, KDDI is demonstrating its commitment to open source software and the associated development efforts that benefit the entire communications industry.

“The communications industry is continuing its rapid transformation. Linux-based platforms like ONAP, OPNFV, and OpenDaylight are beginning to enable carriers and enterprises to provision new levels of service functionality across cloud and software defined networks (SDN) at an unprecedented pace,” said Keith Bergelt, CEO of Open Invention Network. “We appreciate KDDI’s participation in joining OIN and demonstrating its commitment to innovation and patent non-aggression in open source.”

OIN is not against software patents. It’s more of an IBM ‘hack’ which, according to Bruce Perens, is about protecting software patents from Linux rather than protecting Linux from software patents (quite an accurate description we might add).

Japan is one of IP5 (JPO is in it), so watching what happens there is definitely worthwhile. Japan has become a lot stricter on software patents and the courts not so plaintiff-friendly. In that regard, Japan is moving in the same direction as the US. The EPO, by contrast, moves in the same direction as China (SIPO).


The European Commission and the Failure to Stop the FRAND/SEP Lobby

Posted in Antitrust, Europe, Patents, RAND at 12:58 am by Dr. Roy Schestowitz

Bristows and IAM: working together to help patent trolls in Europe

Bristows and IAM

Summary: The European Commission — rather than show strength in the face of patent parasites — shows considerable weakness by allowing controversial mergers/takeovers and issuing token fines

THE European Commission has succumbed and surrendered to pressure fom Microsoft front groups again. As this article put it the other day, obligatory patents one can’t work around are becoming more institutionalised:

In November The European Commission issued a communication setting out its vision on standard essential patents (SEPs) and outlining its expectations from stakeholders involved in the declaration, exploitation and enforcement of SEPs. Stakeholders include SEP holders, SEP implementers, standard developing organisations (SDOs) and national courts of the member states.

The communication draws on a number of points arising from various judicial decisions, such as the U.K. court’s decision in Unwired Planet v. Huawei on what constitutes fair, reasonable and non-discriminatory (FRAND) licensing terms and the Court of Justice of the European Union’s (CJEU) decision in Huawei v. ZTE. The communication also provides principles of general applicability and sets out specific recommendations and guidance.

This also indirectly relates to companies such as Qualcomm, which was brought up the other day in the context of its battles with Apple:

The high-stakes FRAND licensing dispute between Apple and Qualcomm took another turn last week when the chipmaker filed a subpoena against Philips Electronics North America demanding that the Dutch company produce information on its licensing practices deemed relevant to the litigation that is currently gripping the patent world.

According to the subpoena, which was filed in Massachusetts district court, Philips does not dispute that the documents are relevant but has so far declined to make them available because of concerns that the protective order put in place by district court in Southern California, where Apple filed its suit against Qualcomm, does not have adequate confidentiality provisions. Philips has demanded that both companies and any of their counsel who have access to the information should be barred from acting adversely to the Dutch company — such as in a litigation case against it — for two years following the conclusion of Apple v Qualcomm.

This was written around the same time that the European Commission imposed a $1.23bn fine on Qualcomm — a move which Qualcomm critics actually described as a ‘win’ for Qualcomm for the following reasons:

In tennis, there are four Grand Slam tournaments. In antitrust enforcement, there’s no official equivalent, but I would argue that a company being held in violation of competition rules by the United States, the European Union and at least two major Asian jurisdictions has a legitimate claim to the crown. Last year, Qualcomm got sued by the Federal Trade Commission of the United States; just a month earlier it had been fined by the Korea Fair Trade Commission (KFTC); in October, the Taiwan Fair Trade Commission imposed a record fine of more than $700 million; and it had been fined in China a couple of years before. But one key jurisdiction was missing from this list (apart from reservations concerning Qualcomm’s proposed acquisition of NXP): the European Union.

Most of the press coverage about this (e.g. [1, 2, 3]) framed it as a big loss for Qualcomm, but former IAM staff — alluding to this new $2 billion dealsaid, “[t]hat should pay off the EU antitrust fine with some left over” (fine was too low).

The CCIA, writing about the above, is still tackling the FRAND/SEP scam (patent tax you cannot avoid/work around). To quote:

First, the EU antitrust authorities fined Qualcomm $1.2 billion over conduct that involved locking Apple into an exclusive supplier arrangement in order to harm competing baseband chipset makers. The EU investigation isn’t the only place Qualcomm’s anti-competitive conduct is being challenged; they’ve also been fined by the Korean FTC and the US FTC is currently pursuing a case against Qualcomm. Apple has also filed a lawsuit against Qualcomm. As Patent Progress has previously discussed, Qualcomm’s conduct harms competition and thereby harms consumers. Qualcomm, rather than changing course, has filed additional lawsuits aimed at using their SEP portfolio to harm companies that challenge their anti-competitive conduct.

The trolls and the patent microcosm, with firms like Bristows, have lobbied hard for this injustice, even in the UK. Bristows and IAM work together on this lobbying effort.

Even IP Kat is pushing this agenda/scam (if not Bristows, then Eibhlin Vardy). As usual, the same people who push/lobby for UPC in Europe (for trolls) and for software patents also adore patent thickets. What we’re dealing with here is rather troubling for Free/Open Source software as these thickets typically overlap software as well.


FRAND is Unfair, Unreasonable and Discriminatory; Ericsson is Still a FRAND Troll

Posted in Deception, Patents, RAND at 10:13 am by Dr. Roy Schestowitz

Ericsson troll

Summary: In commenting on TCL v Ericsson, particular sites give away their biases (and support of Ericsson trolls such as Unwired Planet, formerly Openwave, software.com, phone.com, and Libris, Inc)

THE EPO seems to be pushing the FRAND and software patents envelop these days. This means that a software patents tax may be silently creeping into Europe and there’s no way for people to be exempted from it. It’s attached to or bundled together with products.

“We aren’t exactly surprised to see those sites aiding Ericsson’s agenda. They have long been in cohesion or harmony with patent trolls’ agenda. Some of their clients are literal patent trolls.”Bristows, a fan of Ericsson’s patent troll Unwired Planet (which operates in London and brings business to the likes of Bristows), has just written about this new case. It’s not about Ericsson's trolling operations in Europe but about China. Richard Vary (Bird & Bird), who has similar interests to Bristows’, including the UPC, has been given the platform. They push that old “FRAND” lie. They are basically promoting FRAND tax on the first day of the year; Patently-O has just done the same thing, courtesy of Jorge Contreras. It’s introduced as follows: “The case involves the sale of cellular handsets by TCL, a Chinese firm reported to be the seventh largest global manufacturer of mobile phones. Ericsson is one of the largest holders of patents essential to the implementation of the 2G, 3G and 4G wireless telecommunications standards published by the European Telecommunications Standards Institute (ETSI) (standards-essential patents or SEPs). Under ETSI’s policies, ETSI participants are required to grant licenses under their SEPs to implementers of ETSI standards on terms that are fair, reasonable and non-discriminatory (FRAND).’

Ericsson — like Microsoft — is trying to tax every single phone and is even using trolls for this purpose. It publicly pretends to be reasonable, usually by detaching itself from the trolls and disguising the patent stacking ploy.

We aren’t exactly surprised to see those sites aiding Ericsson’s agenda. They have long been in cohesion or harmony with patent trolls’ agenda. Some of their clients are literal patent trolls.


Patents Are Becoming a Welfare System for the Rich and Powerful

Posted in Patents, RAND, Standard at 3:42 pm by Dr. Roy Schestowitz

Recent: The SEP/Patent Trolls’ Lobby Insults the Victims, Calling Them “Free Riders”

Welfare of dogs

Summary: A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger

THE gross saturation of patents in the United States used to work in favour of patent law firms, at the expense of firms which actually produce things.

A few days ago we learned about yet another large sum (nearly 0.1 billion dollars) being passed based on a patent dispute/lawsuit that alleges “lost profits” (as if it’s corporate welfare, wherein you declare an entitlement for profits). We wrote about that subject a few weeks ago. “The lawsuit is related to WesternGeco’s patents on marine seismic surveys,” Patently-O wrote. “Adjudged infringer ION manufactures components of the system in the US, for assembly and use “on the high seas.” A jury found liability under 271(f) – exporting components of a patented invention for assembly abroad. The jury also awarded the patentee $12.5 million in reasonable royalties in addition to $93.4 million in lost profits based upon specific competitive contracts lost.”

“Since when have patents become merely a tool of ‘wholesale’ wealth passage?”So that’s even over 0.1 billion dollars (all in all). Based on potential alone, or the mere claim of potential.

Since when have patents become merely a tool of ‘wholesale’ wealth passage? Patents were not originally envisioned as such and this does not contribute to innovation, it just makes already-rich people even richer.

Now let’s look at so-called F/RAND, which ought not exist in the first place. It’s the basic idea that even industry standards are ‘owned’ in the patents sense, and we’re supposed to think that’s “fair”, “reasonable” and “non-discriminatory”. In reality, it is the opposite of all these things. It’s an unjust tax which empowers monopolies.

“It’s the basic idea that even industry standards are ‘owned’ in the patents sense, and we’re supposed to think that’s “fair”, “reasonable” and “non-discriminatory”.”A short while ago (in academic terms) Colleen Chien mentioned her new paper which can be found here. “Patent litigation is down but transactions are up,” she said. “I discuss in my new paper, “Software Patents as Currency, Not Tax on Innovation” @BerkeleyTechLJ”

Here is her abstract: “Software innovation is transforming the U.S. economy. Yet our understanding of how patents and patent transactions support this innovation is limited by a lack of public information about patent licenses and sales. Claims about the patent marketplace, for example, extolling the virtues of intermediaries like non–practicing entities, or characterizing software patent licenses as a tax on innovation tend not to be grounded in empirical evidence. This Article brings much–needed data to the debate by analyzing transactional patent data from multiple sources and reporting several novel findings. First, this study finds that, despite reductions in the enforceability of software parents and levels of patent litigation, the market for software patents has remained remarkably robust, and actually grown in the number of transacted assets. The strength of this demand appears to be driven by the defensive—not only offensive—value of software patents, the importance of software–driven business models, and bargain shopping in the acquisition of patents. Second, this Article explores the extent to which software patent transfers support the transfer of technology as opposed to supporting just the transfer of liability, or freedom from suit, with mixed results. This study finds that the majority of material software licenses reported by public companies to the SEC from 2000–2015 (N=245) support true technology transfer. However, in recent years, large numbers of software patents apparently have also been sold to avoid litigation or to provide general operating freedom, rather than to access specific technologies. Software patents transferred between public companies from 2012 and 2015 were two to three times more likely to go from an older company to a younger company, and from a higher revenue to a lower revenue public company. These findings underscore the enduring importance of software patents in supporting both technology transfer and freedom to operate. Despite the prevalence of NPEs, most patents are not bought for assertion, but to support these critical innovation functions. As such, the data support the characterization of software patents as a currency of—rather than a tax on—innovation.”

It is certainly good news that litigation is decreasing, but software patents ought not be viewed as patent-eligible anymore. A lot of these transactions Chien speaks of are akin to FRAND and it’s a form of loophole, just like the so-called ‘NPEs’ (trolls) she alludes to.

Looking at sites of the patent microcosm rather than academic papers, one finds another new lawsuit. Here is what IAM said:

Sprint, the US’s fourth largest mobile company, has launched a patent infringement lawsuit against Charter alleging that the cable TV giant infringes on 11 patents relating to voice over packet (VoP) technology.

The case was filed in Delaware district court earlier this month and marks the latest attempt by Sprint, which is owned by Japanese tech giant Softbank, to monetise its patent portfolio. As well as the suit against Charter, Sprint also filed a case using the same patents against another cable business, Mediacom Communications.

Unfortunately, VoP is — quite arguably — about software, just like VoIP (Internet Protocol, which deals with packets too). We hope that Charter will fight back and attempt to invalidate these patents (invalidating a dozen won’t be cheap and definitely not fast).

“We hope that Charter will fight back and attempt to invalidate these patents (invalidating a dozen won’t be cheap and definitely not fast).”The patent microcosm shares IAM’s blood-lust. It wants a lot of litigation or taxation as it gets a share of the loor. See this for example. Just about everything that’s bad for society Bristows will love. It is celebrating with patent trolls and maximlaists again (SPCs). It’s also lobbying for software patents, FRAND, SEP, and the UPC, which this guy too is promoting, along with the rest of that toxic bundle. “Isn’t it funny,” he asked, “that the free market loving Anglo-Saxons want judges to determine the #FRAND rate while the Germans (of all people) want the judge to provide boundaries and let the market set the #FRAND #royalty for an #SEP #Patent”

“A lot of that tax pertains mostly if not entirely to software patents.”The term “royalty” is a euphemism for tax. This new article by William New speaks of the 5G tax, which we wrote about earlier this winter.

The bottom line is, patents are becoming merely a tax in many areas. Sure, litigation is on the decline in the US (unlike — say — in China or Germany), but that in itself does not guarantee end of injustices. A lot of that tax pertains mostly if not entirely to software patents.


IAM Celebrates (With the Patent Cartel) a System of Unjust Monopolisation of Industry Standards Through Unethical Patent Thickets

Posted in Asia, Europe, Patents, RAND, Standard at 7:55 pm by Dr. Roy Schestowitz

Many of these are software patents

ITU Microsoft

Summary: Once again, quite frankly as usual, lobbying by large corporations pays off and companies that are not multi-billion dollar entities will suffer for they cannot participate in the market (anticompetitive patent thickets)

THE policy regarding patents in China has made Asia increasingly friendly to patent trolls. Korean and Japanese companies, for example, are being dragged into Chinese courts (much of their production was outsourced to factories in mainland China).

Days ago we saw IAM saying that “NPEs [patent trolls] armed with former [Chinese] Huawei and [European patent troll] Sisvel patents attack [Korean] Samsung in China, in possible privateering campaigns”. Well, “privateering” is putting it far too politely. The word they’re looking for is trolling. The patent arsenal from Europe now travels to China, the most fertile ground for patent trolls, in order to attack Samsung, one of the world’s biggest technology companies. “An article published in China,” IAM writes, “has turned up two previously unreported patent infringement suits against Samsung in the country’s courts, both filed this year. In one case, an apparent Chinese NPE is asserting a patent formerly owned by Huawei against the South Korean company. In the other, a Texas NPE is suing Samsung with a former Sisvel patent. Taken together, the cases indicate that there may be much more NPE activity – foreign and domestic – than meets the eye in China.”

Further down SIPO is mentioned. To quote: “Li further reports that Samsung challenged both patents before SIPO’s Patent Reexamination Board (PRB), which evidently upheld the Dunjun patent, while invalidating the Dual Sim patent. Both decisions can, of course, be appealed.”

What we are seeing here is actualisation of our predictions. Does China want to be known for patent trolls or for manufacturing (or both)?

Meanwhile, the Japanese government, according to this IAM blog post, recognises the problem with SEPs (standard-essential patents), not just with trolls. One should refrain from using the terms FRAND or SEP. They basically masquerade or conceal an anticompetitive injustice that’s hinged on patents. Here is what IAM wrote:

The ADR scheme was also described by the government as a “licensing award system for SEPs”. In short, it proposed that when two parties could not agree on an SEP licence agreement, the prospective licensee would be able to request mediation by the JPO, which would determine a FRAND royalty rate in a mandatory process, “with due care of not unfairly haring the interests of the patent holders”. Major global rights owners raised numerous objections, branding it as a form of compulsory licensing.

This has become a hot topic because companies like Qualcomm, which IAM again glorified a few days ago, want to create industry standards everyone must pay Qualcomm to merely implement. There are many software patents in the mix, even though such patents are no longer potent anywhere but China.

As Benjamin Henrion stated earlier today: “After the glyphosate, another vistory of (patent) lobbyists is to remove the “licence for all” from the Commission FRAND paper, and to insult Open Source licensing…”

The context to all this was a stream of IAM tweets that said: “Commission Communication on SEP licensing has now been published. On a first, skim, read it looks like SEP owners have got most of what they could have reasonably hoped for [] There doesn’t seem to be any prescriptions about what kind of licensing approach should be followed – ie no mention of the “license for all” regime that implementers were calling for. This is crucial. Looks like SEP owners have got their way. [] If detailed reading of the SEP licensing Communication confirms the initial impression, there has bene a big turnaround in the Commisison [sic] over th elast two weeks. SEP owners will be celebrating.”

IAM’s chief, Joff Wild, later wrote this blog post about it (updated throughout the evening). It is very disappointing that the European Commission seems to be in bed with the patent cartel/thickets, basically the likes of Qualcomm which it’s supposed to investigate. To quote Wild:

The European Commission’s long-awaited Communication on the licensing of standards essential patents was finally published this morning and, on an initial read, it looks like SEP owners have a fair amount to be pleased about – especially given how things were looking a couple of weeks back, when it seemed as if extensive lobbying from the implementer side was about to bear fruit. A subsequent delay in agreeing the final text of the Communication provided a hint that implementers might not get all they were after and today’s publication seemingly confirms that.


My guess is that SEP owners are going to be feeling a great deal of relief today. The Commission has acknowledged that while the rapid and efficient diffusion of technology at the lowest cost possible is vital, those who do the innovating need to be incentivised to carry on – and that means they have to feel they will receive adequate reward for the investments they make.

Is this any worse than the Commission turning a blind eye to EPO abuses?

Writing behind a paywall IP Watch has covered this as well (under the headline “European Commission Announces Guidance On Copyright Enforcement, SEP Licensing”).

To quote:

The European Commission today announced plans to ratchet up the fight against counterfeiting and piracy, and to introduce more clarity in licensing standard-essential patents (SEPs). The first involves guidance on the 2004 EU directive on the enforcement of intellectual property rights (IPRED); the second recommendations for making the relationship between patent owners and technology users more “balanced and efficient.”

The likes of Qualcomm certainly got their way here; interesting timing given the immense scrutiny this company comes under. Earlier today we learned that Apple has just countersued Qualcomm for patent infringement [1, 2, 3], further escalating a long battle against the SEP cartel set up by Qualcomn. It is very disappointing to see that in addition to the constant deception from sites like IAM we have public officials who play along with patent cartels and protectionism. They really ought to know better. Corporate lobbyists got their way again. IAM gave them a platform (we covered that).


The FRAND Lobby is Trying to Sneak Software Patents Into Countries That Banned Them

Posted in Antitrust, Europe, Microsoft, Patents, RAND at 2:58 am by Dr. Roy Schestowitz

India IAM lobbyingSummary: The patent lobby is attempting to find new ways to impose patents on software (with euphemisms like “reasonable”, “non-discriminatory” or “fair”), even in places that explicitly disallow these

THE Association for Competitive Technology (ACT), Business Software Alliance (BSA) and other front groups of Microsoft have long lobbied for FRAND. It’s one way for Microsoft to systematically impede/suppress/discourage if not altogether ban/obstruct Free/Open Source software. Cablegate has a lot of evidence of it.

Any FRAND Trojan horse is basically an attempt to put a cost on things that are otherwise free, such as software. When everyone is free to implement something, in the form of Free/Open Source software, the only barrier can be software patents.

India, as is widely known, is not allowing software patents, yet IAM keeps shaming and bullying India to change that policy. IAM is basically like a lobbying group masquerading as a publication. Yesterday Jacob Schindler wrote about it again, in support of FRAND. To quote the final portion:

Over at SpicyIP, Rajiv Choudhry discusses the new FRAND initiative in the context of what he terms an “ongoing turf war” between the TRAI and the CCI. In the patent space, the latter has become a fixture thanks to its intervention in two SEP disputes involving Ericsson. The CCI launched investigations of the Swedish company based on complaints by both Intex and Micromax, both of which Ericsson sued for patent infringement. In March 2016, the Delhi High Court ruled that those probes could continue, suggesting that the CCI is going to have jurisdiction to look into such SEP matters going forward. If anything comes of this TRAI consultation, there could be a second SEP watchdog in India that patent owners will need to pay close attention to.

As a reminder, earlier this year IAM did its usual lobbying in India, e.g.:

Also yesterday there was an observation about this new report regarding FRAND in relation to Qualcomm. “FRAND, ACT and Mingorance, sounds like a nightmare for freedom,” Benjamin Henrion remarked on this report. To quote a portion:

Qualcomm’s patent fee model is based on the widely used so-called “fair, reasonable and non-discriminatory” (FRAND) licensing model. The European Commission, however, has yet to make a final decision on which technology patent fee model it favours.

Look who the author is quoting. It’s appalling. A Trojan horse from IP Europe and more Microsoft-connected front groups. Recall what we wrote about it on Sunday and see this new tweet which says “Paris hosts standard body organisations’ and IP Europe’s initiative for a code of conduct in IoT and 5G licensing.”

They are trying to stick software patents tax using buzzwords like IoT and 5G.

Also regarding Qualcomm, this new blog post deals with the European Commission’s take:

There have been strong indications that the European Commission’s Directorate-General for Competition (DG COMP) has serious concerns about the potentially anti-competitive effects of Qualcomm’s proposed acquisition of NXP Semiconductors. By now, there can be no doubt about that: the Commission’s website states that Qualcomm submitted commitments four days ago. No one offers commitments if unconditional clearance is achievable.

Typically, companies discuss such proposed commitments with the Commission beforehand. If the Commission believes the commitments might be useful, it puts them to a market test, giving stakeholders an opportunity to comment. Here, there is no official confirmation–just rumors–of an ongoing market test.

It’s important to be aware that the fight for software patents is taking new forms; they often disguise it as “FRAND” (every now and then they say “RAND”) and software patents are being framed as “AI” or “cloud” or “IoT” or whatever (at the EPO too).


Microsoft Lobbying, the EPO, and Software Patents Disguised as ‘Internet of Things’

Posted in Europe, Microsoft, Patents, RAND, Standard at 6:03 pm by Dr. Roy Schestowitz

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway” —Marshall Phelps (Microsoft at the time)

ITU Microsoft

Summary: The European Patent Office (EPO) continues to act like a vassal of patent aggressors, Microsoft carries on pretending that it’s no longer attacking Free software, and evidence shows that patent policy is being perturbed by lobbyists connected to Microsoft

TECHRIGHTS published many thousands of articles about Microsoft, particularly regarding the company’s use (or misuse) of patents. It’s no secret that Microsoft front groups and other nefarious lobbies want to make Free/Open Source software more difficult (if not impossible) in Europe. Microsoft lobbies if not bribes for the removal of GNU/Linux not just from Munich but also anywhere else around Germany and Europe as a whole. We wrote many articles about it over the years. We gave many concrete examples. We also published some secret E-mails to that effect. The evidence is there, but corporate media is rarely interested in such stories; there’s a PR campaign going on now. It’s more profitable. Nasty spin is what brings income. Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don’t just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing. “Microsoft loves Linux” is one of the latest incredible lies*.

“Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don’t just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing.”Recently we saw further evidence that Apache had been compromised. Microsoft paid the ASF too much and even put its own ‘moles’ (or full-time staff) in leadership positions at the ASF. And let’s not even mention the LF and OSI. That may be a subject for another day. Notice how Microsoft never joined OIN and never promised not to sue/threaten with patents (the same promise needs to be made for Microsoft-connected patent trolls). In 2017, unfortunately, Microsoft continues to operate like the Mafia; it pays those who may otherwise speak out (or simply ‘eliminates’ them) while patent blackmail goes on covertly.

The other day we found out that the BSA-connected firm of Bill Gates’ father, a firm which is also connected to Microsoft lobbyists, is targeting the EPO now. As a reminder, many employees of the Business Software Alliance (BSA) moved back and forth (from and to this firm). We wrote a lot about that around 2007. This article came out a few days ago:

K&L Gates has launched a European Patent Office (EPO) practice.

The new practice, combined with K&L Gates’ network of intellectual procurement, portfolio management, and litigation lawyers and patent attorneys makes it the only fully integrated global law firm with full-service patent capabilities in the US, Australia, and Europe, it claims.

“Some time back, we embarked on the mission of bolstering our global patent prosecution capabilities to include an EPO practice in order to better provide our clients with a truly global IP solution,” said Robert M. Barrett, a partner at the firm’s Chicago office.

Remember that a lot of the staff is connected to the BSA, which we’ll come to in a moment.

As we have been pointing out for a number of months, the “IoT” buzzword is nowadays being used as a loophole for software patents. Another such word is “AI”, which only yesterday Watchtroll tried to frame as patentable (in spite of Alice). A few days ago we saw a new press release that said “AI Technology Patents” in the headline. “AI” is just a codeword for software patents which are neither allowed nor enforceable in the US anymore. “Procurement Software Company Xeeva Announces Receipt of Multiple AI Technology Patents,” it said, but these are simply software patents ‘dressed up’ as something scientific or smart. As we shall show in a moment, Microsoft uses such buzzwords more and more.

“What we basically have here are patent radicals plotting to put software patents right inside standards using the “IoT” buzzword.”As for the EPO, internal documents exposed that it had offered Microsoft an inherently-discriminatory fast lane. And yet, the "SMEs" lies continue to be trotted out. Here’s one from Friday, followed by retweeting of others who do the same. This is all based on a big lie from the EPO — the pure nonsense which is EPO working for SMEs rather than to their impediment/detriment. See “Using intellectual property to help large multinationals harness their innovative edge” — that’s the headline and tone of an article published by IAM some days ago. We’re expected to believe that anyone other than these “large multinationals” (or patent trolls) would benefit. But nothing could be further from the truth.

Now comes the interesting part. Last month we wrote quite a bit about IP Europe and the EPO. Days ago someone told us about “European Standardization” with “Francisco MINGORANCE (IP Europe)” in it. It’s about so-called ‘IoT’ and there’s a “Kick-off meeting CEN-CENELEC/WS IoT SEP licensing” (“SEP licensing” is standard-essential patent tax).

So the lobbyists are once again killing everything that is sane!

Mingorance isn’t new to us. We wrote about him when he worked for the BSA and more recently in relation to the UPC and EPO [1, 2]. They’re all pretty close.

What we basically have here are patent radicals plotting to put software patents right inside standards using the “IoT” buzzword. They link to a patent maximalists’ site and tweet: “#Standards bodies, global tech developers & users to create a European Vision for #SEP licensing for #IoT and #5G”

“Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee.”As the President of the FFII interpreted it, “5G and IOT standards to be dominated by trolls, making free software impossible [] Today swpat [software patents] lobbyists meetup to exclude free software from 5G and IOT https://is.gd/eaT8xS”

Incidentally, only days ago IAM published this article titled “Monetising patented wireless technologies”, composed by Marc Pépin from TechPats, Ottawa, Canada. About a week ago we also heard from inside sources about a war on Free software in wireless technology. They’re understandably concerned when software patent are being painted “IoT” or G*” to impose a tax on everything, rendering Free software unsuitable for purpose.

It was pointed out to us that Apache played a role in it, too. Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee. As it turns out, Jim Jagielski became part of the problem and he recently sent a shout-out to Sam Ramji and congratulated Microsoft. It would not be a big deal if he hadn’t also been “very big” on Inner Source, and gave 3 talks at this secret event, InnerSource Commons Fall Summit 2017.

“As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone.”Then there’s this event, Second Joint ITU-NGMN Alliance Workshop on Open Source and Standards for 5G. Hosted by Microsoft! This is what entryism looks like. This is the second workshop and the first one was hosted by Qualcomm.

“Software patents are the key issue there,” we got told, and “the mobile industry wants to define FOSS as “access to the code” and normalise separate patent agreements, and wants regulators to endorse that position.”

As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone.
* The PR campaign is so strong and so broad that one gets nothing but scorn (like “tinfoil hat”) for being sane and rational about what Microsoft is truly up to.

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