Bonum Certa Men Certa

Patents Roundup: OIN Addresses Patent Trolls Issue, Public Patent Foundation Video, and More

Summary: News that matters, about intellectual monopolies

THIS is another quick rundown through the news. Included below are only reports that have some relevance to Free software in a land of monopolies on thought and applied ideas.

Patent Trolls



This year's LinuxTag contains a portion from OIN, which speaks about patent trolls, for a change. [via Digital Majority]

Patent Trolls are an ever-growing threat to global innovation. These IP aggregators purchase low-quality patents and use them as leverage to hijack potential revenue and profits from hardware and software companies, our largest economic driver. This causes entrepreneurs to reconsider launching companies, while CEOs devote more of their time and resources to managing intellectual property. New online and offline tools and services are becoming available to combat Patent Trolls and enable technology companies to focus on their core business.


Also worth a glance are the following new pages, which highlight the impact of patent trolling:

i. Distric Court Warns that 'Patentee's Time For Trolling' Will End Without More Definite Infringement Contention

In June 2008, DSC was given the source code to 8 of the accused software products, along with executable copies and operating manuals for the accused products. Despite having this information, DSC did not elaborate further on the PICs.


ii. Patent Litigation Weekly: PubPat and 'Patent Troll' Make Strange Bedfellows

Ravicher acknowledged that it seems strange for a lawyer affiliated with PubPat—even as a volunteer—to have gone so far as to set up his own patent-holding company and then sued a group of major Internet players.

"Dave, if you were to talk to him, he’d say software patents are good, and they incentivize innovation," says Ravicher. "Some people can’t be friends with people who disagree with them. But I’m friends with lots of people I have strenuous disagreements with."

Asked whether he surprised by his friend's involvement in the business colloquially known as "patent trolling," Ravicher pauses, and then laughs. "Nothing surprises me these days."


Software Patents



Microsoft is to pay damages for software patent infringement and Blackboard has just made another pledge, this time to "follow open standards more closely." Blackboard also made pledges regarding software patents, which it is using to injure its competition.

This week Blackboard’s new head of course-management software, Ray Henderson, sent a letter to customers pledging that the company will do more to follow industry software standards, and to participate more actively in their development.


Backed by Microsoft, Blackboard still threatens Free software using software patents [1, 2, 3, 4, 5, 6, 7, 8], so its behaviour is worth keeping an eye on.

Over in the UK, IPKat is "Wondering if the questions the EU Council of Ministers want to ask the ECJ about the unified patent litigation system have been made public" and in New Zealand it is a matter of urgency.

URGENT: Unlimited Software Patents In New Zealand. Act Now!



[...]

NZ government is about to pass a new Patents Act. In the 8-year review, they seemingly forgot to consider the impacts of patents on computer software! Submissions on the bill are being accepted till 2 July, so we need to move fast.


We wrote about the software patents situation in New Zealand about a week ago.

In the pro-intellectual monopolies Web site known as Law.com there is this rare criticism of software patents, which "hinder innovation," according to Daniel Ravicher.

But meanwhile, as Mullin notes, the former Ropes & Gray partner is also working closely to spearhead a litigation project with an old friend, Daniel Ravicher of the Public Patent Foundation--who has publicly proclaimed that software patents hinder innovation. Garrod is helping Public Patent file suits to block products from carrying false patent markings.


Speaking of the Public Patent Foundation, here is a video about it.



USPTO Madness





Direct link



Patents other than ones pertaining to software are causing unrest. Some lead to unnecessary deaths [1, 2], whereas others obstruct works of art. It turns out that Michael Jackson has a US patent. It's a patent on motion and dance moves. Shame on the USPTO for going this far with intellectual monopolies. Here is a patent site that has just called In Re Bilski (business method patents) "a Mess".

Claim: (Ex Parte Borenstein) A method for providing catalog information for presentation to a user of a store in an electronic commerce system, comprising the steps of . . .

BPAI: while the storage of information in independent claim 1 could arguably be done as a mental process, the recitation of a structured relationship between multiple stores that requires “path information” inherently implies that this information must be stored on a computer or database. This “particular” computer or database is sufficient structure to meet the machine prong of the machine-or-transformation test of In re Bilski. As independent claim 15 recites a computer program product, it is not a method claim that must be analyzed under In re Bilski.


Need anything else be said about ACTA, which takes patents to the extreme [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]?

IPWatch has this new report about the ACTA:

EU, US Consumer Groups Issue Resolution On Enforcement; Demand Role In ACTA



An international coalition of consumer groups has issued a resolution calling into question global enforcement policy and offering core principles for policymakers to consider in setting new enforcement standards.

The Trans Atlantic Consumer Dialogue on 18 June issued the resolution on the enforcement of copyright, trademarks, patents and other intellectual property rights. The TACD is a trade advisory body to the European Union and United States government, and brings together 80 member organisations from those regions, claiming a direct paid-up membership of some 20 million consumers.


Malfunction



As more signs of a system in state of distress (the EPO is already in a limbo [1, 2]), consider the renaissance of patent reexaminations, which are indicative of the granting of patents that should never have been granted in the first place.

Given this, it is certainly no surprise the patent infringement defendants have been using the reexam strategy more and more. The semiconductor field is no different. Two well known patent enforcers in the industry, Tessera and Rambus have seen their patents thrown into reexam by various parties that are the targets of their licensing programs. Furthermore, I have also seen evidence that courts are willing to stay litigation if a quick reexam request is filed in the Patent Office, though obviously this is very judge and district specific.


It speaks about hardware patents, where an ambush harmed the consumer. Nobody wins in this case and the same goes for patent-caused embargoes, such as this latest example:

The U.S. International Trade Commission issued a decision Wednesday that blocks the U.S. import of LCD panels and LCD televisions made by Sharp, ruling that the company violated a patent held by rival Samsung Electronics.


Here is another new example where patents stifle fair competition.

The IEEE is ready to jump into the patent pool game, and it is starting with a call for patents on power over Ethernet.

Via Licensing Corp. will act as administer of the pool. Via announced Monday it will work with the Open Patent Alliance to set up a separate patent pool for WiMax.


Patent pools are a farce and the notion of "call for patents" is ludicrous. What about small companies that have no patents? Can they not participate in the market?

Comments

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock