THE world is upset to see Microsoft suing Linux-using companies. It just shows how incapable Microsoft is when it comes to producing real products. Jason Perlow receives praise for his response (he works for IBM) and Ghabuntu writes: "My friend calls him Steve "I'll fcuking kill Google" Ballmer. And I think he is right. Microsoft has been rattling the saber at Android in the last week, demanding patent payment for all Android phones. To say this is an absurd claim is being very gentle."
One difference, of course, is that Watt's patent at least related to a substantial technological development: in the case of Microsoft, we are dealing with the usual trivial and/or obvious patents - “scheduling meetings”, “changes in signal strength and battery power”. Even the synchronising email element, which presumably relates to Microsoft Exchange ActiveSync, is simply a question of dominant protocols, not market-enhancing improvements.
People forget that the central purpose of patents is to encourage real innovation, not simply reward people for being the first to file for even obvious ideas with over-stretched patent offices that set incredibly low bars. The world of patents has become perverted in recent years: patents are seen as valuable things in themselves – the more the merrier – irrespective of whether they do, truly, promote innovation. Worse: in the world of software, they are actually brakes on that innovation, particularly as they begin to interact and form impenetrable patent thickets.
The legal landscape in mobile technology is getting a little bit crazy these days. Everyone is suing everyone, and keeping up with every claim and counterclaim is fast becoming a confusing endeavor.
Today, Motorola decided to keep the legal party going when it filed a complaint with the International Trade Commission (ITC) alleging that a number of Apple products infringe on 18 Motorola patents. Separately, Motorola also filed patent infringement lawsuits in the U.S. District Court for the Northern District of Illinois and the Southern District of Florida.
According to Reuters, Apple has sued Nokia in Britain. Nokia said that it is investigating the claims, which appear to be based on nine implementation patents already in dispute between the two companies in the United States.
“Ballmer already has lobbyists working on these schemes of legalising software patents in Europe and they give the illusion that Microsoft is not involved.”He hopefully is not calling for patent law too to be harmonised. Ballmer already has lobbyists working on these schemes of legalising software patents in Europe and they give the illusion that Microsoft is not involved.
Then there's the Oracle case, which is really about Java more than anything else. We wrote about it yesterday (the counterclaim) and now come some more sites [1, 2] including Groklaw [1, 2] with the analysis that's mostly of interest to legalese lovers. We've heard even from a lawyer that Google's papers are hard to follow/analyse.
Matt Asay, a lawyer by training, looks at this case from above and concludes that "Oracle is the least of Android's patent woes, while Microsoft is the most offensive" (that's his short summary). Here is his full punditry which says:
But Android particularly annoys Apple, Microsoft, and Oracle, albeit for very different reasons.
Apple, design purist that it is, disdains the momentum Android has seen. Apple is, of course, the early winner in the smartphone market, and its lawsuit against device manufacturer HTC seems to be a means to slow Android’s advances. It hasn’t worked. Not content to sit by and watch its market share erode as developers flock to open-source Android, however, Apple has loosened its grip on developers and is making a serious attempt to win in the market, not simply the courts.
Microsoft, a serial underachiever in mobile, despises Android for the same reason it has long wrung its hands over Linux servers: Microsoft doesn’t know how to compete with free. Google gives Android away, but Microsoft has repeatedly stressed that patent-encumbered Android isn’t free. As Microsoft CEO Steve Ballmer told The Wall Street Journal, “Android has a patent fee. It’s not like Android’s free. You do have to license patents.”
This is the same strategy Microsoft has employed in the server market, signing up licensees to its patent portfolio based on vague FUD (fear, uncertainty and doubt) that Linux violates its patents. If Microsoft can force Google to license its patents, it can make it harder for Google to keep Android free.
In short, “The bottom line is that patent applicants receive the benefit of favorable procedures and a resource-constrained review by the PTO and then assert presumptively valid patents that, according to the Federal Circuit, can be defeated only by clear and convincing evidence. That serves only to insulate patents of dubious quality from adequate scrutiny at any stage.”
A different brief shown in Groklaw was filed by the Electronic Frontier Foundation (EFF), Public Knowledge, Computer & Communications Industry Association (CCIA), and Apache. They point out some other unfair aspects of the patent process. In particular, they note that “patent owners assert that accused infringers must use the prior art’s source code to prove invalidity, but that source code is often unavailable years after the fact”.
The U.S. Patent and Trademark Office on Wednesday affirmed the validity of TiVo's so-called Time Warp DVR patent, reversing the agency's ruling this summer -- after a second re-examination requested by EchoStar and Dish Network -- that the patent was invalid because some of the claims were covered in two prior patents.
TiVo's stock price shot up 9.7% for the day, to close at $10.08 per share Wednesday.
The decision by the PTO is final and cannot be appealed by Dish/EchoStar. Dish and EchoStar declined to comment on the latest ruling.