News Analysis. Some court rulings are just rich with irony. Today, April 8, a jury found that Microsoft infringed on Uniloc patents for product activation. Microsoft uses the technology to protect its software from theft. Who's stealing from whom?
I expect to read lots of comments on this blog praising today's jury verdict, which ordered Microsoft to pay Uniloc $388 million. Gauging from comments on past posts about product activation, many of you don't much like it.
Indeed, Rooney quotes OIN CEO Keith Bergelt, who was interviewed by our sister site, LinuxDevices, shortly after the Microsoft lawsuit was filed, as saying that there could be a "response" to Microsoft from the open source community in the coming weeks. "It's Newton's law. For every action, there's an equal and opposite reaction," Bergelt was quoted as saying. The story goes on to quote Bergelt's assertions that the settlement "says nothing about the validity of the patent."
So in the short term, Microsoft didn't gain very much by picking on TomTom. And in the long term, the company's decision to sue could explode in its face.
TomTom may have stepped aside, but some much bigger and better-funded open-source players are now stepping up to the plate. The Open Invention Network, for example, is already pondering a counterattack that could include legal action designed to invalidate Microsoft's FAT patent.
Hewlett-Packard has cashed out of a four-year-old Wi-Fi patent lawsuit from Australia's national science agency that's targeted a who's-who list of big tech vendors with wireless products.
Dallas-based 7-Eleven Inc. and Circle K Stores Inc. were two of nine companies named in a lawsuit filed by Emsat Advanced Geo-Location Technology LLC and patent licensee Location Based Services LLC, alleging the defendants of infringing patents covering enhanced 911 services in cell phones, Law360.com reported.
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The suit claims the telecommunications companies infringe patents titled "Cellular telephone system that uses position of a mobile unit to make call management decisions," issued between 1999 and 2007, and covering location services for 911 calls, allowing for increased accuracy in determining the location of a cell phone user who has placed a call to an emergency operator, the report stated, citing the complaint. It also alleged the companies infringe a patent application filed January 2008, titled "Cellular telephone system that uses position of a mobile unit to make call management decisions."
In India, for administrative convenience, four patent offices are located in metropolitan cities. However, the offices are inconsistent in their practice with regard to software inventions, mainly due to the lack of clear guidelines. While the Indian Patent Office largely relies on the practice of the European and UK patent offices, there have been instances where inventions claiming software methods with a technical effect that have been allowed by the European or UK patent office have nonetheless been rejected by Indian Patent Office officials on the following grounds:
● The term “technical effect” is not defined in the Indian Patents Act. ● The Draft Manual is not binding on the examiners, as it is only in draft form. ● There are no Indian precedents in respect of software inventions.
It isn't often that you see heavyweights in the tech world duking it out in a high-stakes match, with Congress as the referee. It's happening today over proposed reforms in patent law, which pits the software and information technology giants against their counterparts in biotech. The issues are as fascinating as they are thorny — and while each side paints the choices as black and white, there's enough gray here to cover a fleet of battleships.
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One reform everyone agrees on is the need to expedite patent applications. The U.S. Patent and Trademark Office has just over 5,000 underpaid and overworked examiners to review more than 400,000 new applications each year. It would take them two years just to catch up on the current backlog if no new applications arrived. This, too, is stifling innovation. The office needs the money for more staff.
Software patents may be going the way of network neutrality: an arcane policy problem once the preserve of a small circle of wonks is becoming a politicized slanging match. In both cases an esoteric but important research question has become a point of leverage for certain interest groups. In both cases the subject (“network neutrality”, “software patents”) is at best poorly defined, typically has multiple possible meanings, and at worst is so vague as to be useless. And in both cases, the poster child is the small-time innovator, while the sugar daddy is a big money player minimizing costs (e.g. content providers who love net neutrality, and VCs who hate software patents).
A federal judge has shot down an attempt by Sun Microsystems Inc. to use the Bilski test to invalidate two patents for product configuration software held by Versata Software Inc. that Sun is accused of infringing.
Erika Arner is the co-author of the Bilski petition for certiorari challenging the Federal Circuit's limits on the patentability of method claims. She handles patent prosecution and litigation at Finnegan Henderson in DC. I asked Ms Arner to write this post.