Bonum Certa Men Certa

Patents Roundup: Microsoft, Apple, Nokia, Monsanto, Pfizer, and ACTA



Summary: This is a list of news items of interest to Free software supporters

Ex-Sun Chief Dishes Dirt On Gates, Jobs (covered yesterday)

Bill Gates and Steve Jobs wanted to sue Sun

Ex-Sun boss punts Apple-Microsoft-world 'tried to sue me' missive

Judge puts Apple-Nokia case on hold (this case was covered in [1, 2, 3, 4, 5, 6, 7, 8, 9])

A JUDGE has put the Apple and Nokia legal battle on hold.

The move is to give the feds a chance to investigate the matter, which involves patent infringement claims from both Nokia and Apple.


US judge Puts Apple-Nokia Legal Battle on Hold

A US federal judge has put the Apple-Nokia legal battle on hold, until the feds get their chance to investigate into the whole matter that seems to have tangled itself to no end. The federal agency will scrutinize the details of the case, which involves patent infringement claims.


Nokia files a mobile device power patent (hardware patent, but Nokia favours software patents too)

Microsoft battles an alleged patent troll (more on VirnetX in [1, 2, 3, 4, 5, 6])

SOFTWARE BULLY Microsoft threw its toys out of the pram in court yesterday at the beginning of the jury trial against Virnetx.

According to the Seatle PI, the Vole said that Virnetx only existed to sue it and would collapse if the court case failed.

In his opening statement, Virnetx attorney Douglas Cawley told the jury that the inventors of an automatic vitual private network (VPN) technology for the CIA, SAIC employees Edmund "Gif" Munger and Bob Short, obtained patents and shopped around, trying to get companies to purchase their technology.


Blu-ray licensing cartel starts operation

AFTER HAVING LAUNCHED exclusively by a few companies, Blu-ray is about to be licensed to the world plus dog but don't expect prices to drop.

[...]

Interested parties are also free to negotiate separate license agreements, rather than taking a single portfolio license, with each of the four companies, which have committed to provide such licenses for their respective essential patents under fair, reasonable and nondiscriminatory terms and conditions., the outfit said.


'Soy far, soy good' for Argentine importers (Glyn Moody adds that "Monsanto [is] slapped down by EU on GM soya"; also see [1, 2, 3, 4, 5, 6, 7, 8])

It's available in various official European Union languages, including Latvian, but not in English. Still, with the help of his friends, the IPKat has been able to piece together the deeper inner meaning of Advocate General Mengozzi's Opinion in Case C-428/08 Monsanto Technology LLC v Cefetra BV and others, a reference to the Court of Justice of the European Union for a preliminary ruling from the Dutch Rechtbank ‘s‑Gravenhage.

Right: Monsanto's latest genetically modified bean?

From the talented Stephanie Bodoni (Bloomberg) the IPKat learns that the Advocate General is advising the Court of Justice to rule that Monsanto, the world’s biggest seed company, can’t rely on a European patent for its Roundup Ready soybeans as it seeks to block imports of soy meal from Argentina. This is because the European patent for the trait that makes soybeans resistant to some herbicides doesn’t extend to soy meal made from the patented seeds.

Argentina, the world’s third-biggest soybean exporter after Brazil and the US, is one of the few countries where Monsanto does not hold a patent on the herbicide-resistant seeds. However, a ruling that Monsanto's European patent is enforceable would let it block those imports.


The USPTO-Pfizer collaboration to change India's laws on patents and test data (this is essentially murder with patents)

The United States Patent and Trademark Office has a joint program with Pfizer to fund and manage seminars in India on "misconceptions of evergreening" and "the importance of regulatory data protection and patent linkage." KEI has submitted a FOIA request to USPTO on this topic, and received a small installment of documents on Friday. Attached to this blog are 4 pages of documents that we received from two meetings held in Mumbai, India on September 9, 2009. Ten journalists and 15 NGOs attended the meetings. The USPTO and Pfizer each paid $3,190 for the days events ($6,380 total).


USTR pressures Taiwan on pricing and reimbursement of pharmaceuticals and medical devices

US Government Working With Pharma Companies To Raise Drug Prices In Other Countries

Then, over in India, it appears that the USPTO is putting on co-branded events with Pfizer about drugs, health care and patents. Along with this, Love points to growing concerns from folks in India about a project between George Washington University and various pharmaceutical companies to "train" Indian politicians and judges on the importance of patents in pharma. Except, of course, that's very much in dispute. Many studies have shown that patents on pharma do more harm than good -- especially in countries with big healthcare issues.


If You're Going To Sue For Patent Infringement, It Helps To Say What Actually Infringes

Last year, we wrote about a guy, Greg Bender, who holds a patent (5,103,188) on a "buffered transconductance amplifier," that he's decided is infringed upon by pretty much any electronics device.


Vaguely Identified Devices in Patent Complaint Fails Twombly

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” If a complaint fails to satisfy Rule 8, it “must be dismissed” under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). To survive a motion to dismiss, the plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.”


KEI looks at USTR letter to Wyden, and conflicts between ACTA and patent reform (thus the great relevance of ACTA to Free software)

On January 6, 2010, Senator Ron Wyden sent a letter to the USTR asking a number of questions about the U.S. negotiating objectives in ACTA. On February 28, 2010, USTR responded. The USTR response focused mostly on the official U.S. "asks," rather than the state of the negotiating text, which also reflects also the views of other parties. For this reason, the USTR letter to Wyden only tells part of the story about what ACTA may do.

On March 1, 2010, a European Union document leaked discloses several key sections of the ACTA text, including those relating to damages, injunctions, provisional measures and the Internet. This note highlights a few issues in the USTR letter to Wyden, in the context of what is known so far about the ACTA negotiating text. Patents included in ACTA

USTR is now acknowledging, for the first time, that the U.S. has asked that patents be included in ACTA. In briefings in 2009, USTR said the US only wanted ACTA to cover trademarks and copyrights, and that it was the position of the European Union to include patents and other types of intellectual property. The leaked EU analysis reported the US had supported including "all intellectual property" in the civil enforcement sections of ACTA, and this is now finally acknowledged by USTR. It is unclear why the USTR had said the opposite in several briefings to Congress and the NGOs in 2009.


Recent Techrights' Posts

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Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
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Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
 
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Maybe not an overnight collapse, but getting there gradually
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GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
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Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
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False marketing, FOMO marketing tactics
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IRC logs for Sunday, January 18, 2026
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Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
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They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
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Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
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What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
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you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
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It's always ending up this way
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Embassies and consulates habitually fail at this
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If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
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Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
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There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
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He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
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The EPO's management is highly evasive, weak, and vulnerable
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No wonder we keep hearing from Red Hat people who say they hate IBM
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IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026