Bonum Certa Men Certa

Patents Roundup: Microsoft Sues, Patents Critic Become Nobel Laureate, and More

Microsoft Sues in Patent Dispute



Microsoft is already using its patents offensively and business woes might be tied to this strategy. Microsoft is doing it again, but it insists this is done defensively. Readers can judge for themselves based on the following reports:

1. Microsoft Files Suit to Defend Visual Studio Users

Microsoft is not mentioned in any of the three complaints. However, in the suit that Microsoft filed against WebXchange, it says that the charges relate to the companies' use of Microsoft's Visual Studio software. By asking the court to declare WebXchange's patents invalid, Microsoft hopes to defend its customers FedEx, Dell and Allstate and spare the thousands of other Visual Studio users from similar suits, Microsoft says.

FedEx, Dell and Allstate have already sought indemnification from Microsoft, Microsoft said in the lawsuit. Most large software makers like Microsoft indemnify their customers, meaning that if their products are found to cause harm including patent infringement, the software developer will bear the responsibility for the problems.


2. Guess which patents are not infringed in the Microsoft Visual Studio suit?

WebXchange is suing Microsoft--or, rather, three of its customers--for allegedly infringing its patents in Microsoft Visual Studio, as CNET reports. Just desserts? Nah. Microsoft rarely sues anyone, preferring instead to threaten to sue.


3. Microsoft in patent battle over Visual Studio

"Microsoft filed this action to protect our customers and ourselves against spurious patent infringement lawsuits filed by WebXchange," Microsoft said in a statement. "We will demonstrate to the Court that WebXchange's patents are not infringed by Microsoft technology and that WebXchange's patents are invalid and unenforceable."


Communication



One of the biggest sorts of chaos -- cold or nuclear war with IPR -- is caused by software patents and can be found in wireless and mobile communication. There are hardly any signs of abatement during this storm, as the following new reports ought to show:

1. Alcatel Lucent Files Contextual Advertising Patent For TV Over IPTV

This should be particular interest to Media companies - Telecom major Alcatel-Lucent has filed for a patent in India, for contextual advertising on IPTV networks. Since advertising will be delivered to the screen over the broadband network, it gives them the opportunity of contextualizing ads based on location, personal TV viewing habits etc. The ads will probably be stored on the Personal Video Recorder (PVR) or Set Top Box (STB), and delivered during specific TV spots, based on selection.


2. Calypso Wireless sues T-Mobile USA for patent Infringement

Calypso says it owns a patent on Automatic Switching of Network Access Points, technology, which helps carriers achieve more efficient allocation of resources by freeing more wide area cellular spectrum space for voice, video and data, and increasing overall bandwidth available to other users.


3. Revenue news boosts Wi-LAN; Patent dispute with RIM settled

Shares of Wi-LAN Inc. shot up more than 25% in trading after the technology licensing company announced it was revising its revenue guidance for the year after the settlement of a pending patent infringement lawsuit yesterday with BlackBerry maker Research In Motion Ltd.


Software Patentability on the Cliff



Yet another opposer of the patent system is made a Nobel Laureate.

The FFII congratulates Eric S. Maskin, an economist who has long criticised the patenting of software, for receiving the 2007 Nobel Prize for Economics. Prof. Maskin and two colleagues receive the Prize for research into the optimal design of economic mechanisms. By applying his theory to the IT sector, Maskin demonstrated "that in such a dynamic industry, patent protection may reduce overall innovation and welfare."


Stiglitz, another Nobel Laureate whom we mentioned in [1, 2, 3, 4, 5, 6, 7], is a renowned vocal critic of the patent system.

Fortunately, as we stressed before, the re Bilski ruling has changed a lot of things [1, 2] and here is another article with text of interest. [via Digital Majority]

Q: The U.S. Patent and Trademark Office recently has been trying to curtail the flood of software and business method patent applications by limiting the interpretation of what constitutes patentable subject matter. What accounts for this deluge of business method applications?

A: The PTO has been deluged, truly, with patent applications on various methodologies that involve the use of a computer. I have applications on … business methods, and we file periodic status reports for the patent office so we can find out when these patent applications are going to be examined. You write one, you file it, and you wait until it gets assigned to a particular patent examiner before it gets reviewed and the overall process starts. I have been getting responses now that say it may be a year or two before it gets to an examiner, and it may be as much as five years. That’s why the patent office doesn’t want any more; they can’t handle what they’ve got. So that’s their natural reaction, is to try to … develop some clearly rudimentary standards for (rejection).


Pointing to this new xkcd cartoon, PJ (of Groklaw) writes: "If you think software isn't mathematics, take a look at this cartoon. It will help you grasp it, and you'll smile at the same time, which is the pleasantest way to learn."

It is new complications such as this that a reform can hopefully resolve for good.

US print procurement company e-Lynxx has been awarded a patent covering competitive tendering of a specified item on an electronic platform, such as print management.

The company plans to licence the business method to users.

William Gindlesperger, patent inventor and chief executive of e-Lynxx, said: "Every organisation with an electronic procurement system... that follows the steps outlined in this new patent, will need a licence to use the patented methodology."

However, the UK patent office said that merely transferring a process that already existed to an electronic platform was unlikely to result in an enforceable patent.


In this particular case, the producer might choose inferior solutions to get around fences. How on earth is this beneficial to the consumer? Also worth noting is motion from Encyclopaedia Britannica, which returns to pursuing its junk patent.

Last year, we pointed out how rather ironic it seemed that a company like Encyclopaedia Britannica, who is supposed to be in the business of spreading knowledge, would sue GPS makers for patent infringement. However, at the time, we were unaware of the history of the patents in question. Joe Mullin, over at The Prior Art, has the full story, including the fact that the case relied on a rather infamous patent, that gave many folks a preview of future patent battles to come.


The likes of Wikipedia must really be injuring Britannica.

Patent-swatting



A Peer-to-Patent-inspired project -- or one that is only akin to Peer-to-Patent -- strives to elevate patent quality.

The company hopes to build on the progress being made by Peer-to-Patent, a program run by New York Law School that publishes patent applications online in order to gather prior art to be passed along to the Patent Office during the examination process.

But there is one key difference. Unlike Peer-to-Patent, Article One Partners offers people a financial incentive to donate their time and expertise. "We feel people should be compensated for the value of their information," Milone said.


Incentives for the assassination of poor patents are finally being offered, rather than incentives to those who pursue more patents.

Information gathered from bounty winners will be used in two ways. It may be sold, either to a patent owner wishing to strengthen or replace a weak patent, or to a competitor.


Europe



“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.”

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman



The Stop Software Patents initiative echoes the sentiments expressed by protesters from the EPO. Those who bear guilt have been milking the system for far too long and it's time for refreshing changes.

Examiners of the European Patent Office have recently invaded one of the secret meetings of the Administrative Council with chocolate coins, pointing to the conflict of interests between the National Patent Offices (NPOs) and their appetite of "more patents, more money".


Another threat to Europe's exclusion of software patents seems to be drifting away.

I am currently at the EPO offices in The Hague for Trilateral Authorities users’ meeting. There are a lot of big names here and, obviously, I could not let that pass without finding out a bit more about the status of the negotiations surrounding the Community patent and single European patent. For those hoping for a breakthrough under the French presidency – which comes to an end on 31st December – things do not look good...


We also wrote about this two days ago. Digital Majority provides information about the European Interoperability Framework, which may be at risk due inclusion of pro-Microsoft and pro-patent 'tax' groups like CompTIA.

The Commission has published on its website the list of stakeholders who contributed to the European Interoperability Framework (EIF) consultation. Even if the European Interoperability Framework is mostly directed to provide open standards to be used by governments when they communicate with citizens, it can be expected that some large industry players wants to put their patents and restrictions on how citizens can communicate with their governments.


There is probably an argument brewing there. Monopolists won't allow interoperability to be standard-based, free, and genuinely decentralised.

Software patents protest against EPO

Comments

Recent Techrights' Posts

Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
 
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026
"Headcount" as Distraction From Mass Layoffs and Salary Reductions
Things aren't looking well when one considers revenue is acquired, not earned
"Linux" Slop Turning Rarer, New York Times Nowadays Contaminated With LLM Slop
Another day has passed without much slop about "linux"
Links 27/03/2026: Studying Whale Births, Apple is Cancelling Products, Cambodia Arrests Journalists Over Photographs
Links for the day
Gemini Links 27/03/2026: GTD, Gopher Catchup, Gemini Crawlers, and "Slop Everywhere"
Links for the day
Mozilla Was Ruined Like Sirius Open Source Was Ruined - From the Top Down
Mozilla will never return to its Free software roots
Nokia Could Never Recover From Microsoft
It's very important to remember what really happened
Why Techrights and Many Other Sites Stopped Doing April Fools’ Day Articles
Well before slop (made by LLMs) it was "bad optics" to have satire or humour in a site, irrespective of the day of the year
President Not-Cocaine Campinos Notified of Historic EPO Strikes (Thousands of Workers Not Coming Back to the Office)
Please do pay attention to how the media treats these strikes in Europe's second-largest institution
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day