Bonum Certa Men Certa

Federal Government Less Patents-Friendly Than USPTO, Apple's Embargo Attempt (With Patents) Fails ITC Judgment

United States International Trade Commission sealSummary: Apple's patent aggression against rival smartphones is failing the early tests (potentially good news for Android); federal intervention helps those who support abolishment of some patents

BULLISH AND BULLYING toy makers from California have not gotten their way at the ITC (embargo/sanction appeal), which they attempted to use for blocking import of Android devices and Nokia devices. Yes, Apple may have started it. "ITC staff sides with Nokia in Apple complaint" says one article and another says that "Nokia Didn’t Violate Apple Patents" according to ITC staff. Might this also put Android in the clear (as far as the ITC goes)? This may be interesting and the patents are worth another look because the complaints are dissimilar.



Murdoch's site has this new blog post titled "What Smartphone Makers Can Learn From the Sewing Machine Patent War" and it says:

The smartphone market is highly lucrative, has many competing players, and involves countless patents. In other words, it’s a recipe for lawsuits. In the last month alone, Microsoft lobbed a suit at Motorola, who in turn sued Apple. Nokia and HTC both have sued Apple, and Apple has sued both Nokia and HTC.

The web of competing claims on smartphone technology might seem a uniquely 21st-century problem. But according to legal scholar Adam Mossoff, the smartphone woes are reminiscent of a forgotten 19th century legal melee: the Sewing Machine War.


Mike Masnick, another critic of this whole patent mess in the smartphones arena and in general, writes about patent zeal at the USPTO, which views granting of monopoly powers simply like business as usual:

USPTO Not At All Happy About Justice Department Saying Genes Shouldn't Be Patentable



Last week, the Justice Department surprised a ton of people by filing an amicus brief saying that isolated genes should not be patentable. The NY Times has an article quoting a bunch of outraged patent attorneys, who are worried about their own jobs more than anything else, but also has some tidbits suggesting that the Patent and Trademark Office is not at all happy either, despite the fact that they're both part of the same administration.


For those who missed it, unlike the USPTO, the US government opposes gene patents and the Australian press is the latest among many sources to cover this:

The patenting of genes is not the highest profile political issue today, but Professor Ian Frazer, the inventor of the cervical cancer vaccine, believes there is no more important public health issue before the Parliament.

And so it was refreshing to see that at least for one evening a few weeks ago a rare bipartisanship seemed to be within our grasp.


Speaking of federal opposition to bad patents (the ITC is a quasi-judicial federal agency), NASA is still being silly about patents and Mike Masnick is the latest (amongst others [1, 2]) to say why NASA is very misguided:

A couple of years ago, we questioned why NASA was auctioning off patents that were taxpayer funded. It appears that NASA doesn't care.Ben points us to the news that NASA is about to auction off a bunch of other patents as well, including five patents around "automated software generation." There's simply no reason not to put this research into the public domain where it can actually be used to benefit both commercial and non-commercial projects. By auctioning off a patent monopoly, it will almost certainly be using taxpayer-funded research to stifle innovation.


The USPTO is ruined by bureaucracy and lawyers, but there is hope that governments -- not corporations and their lawyers (the head of the USPTO came from IBM) -- will manage to rectify things. In the mean time, patents slow down advancement. Who benefits from it if not the rulers of the status quo? Apple is one of them, but Google, IBM and Nokia are on a similar boat (and they are not against software patents). More on that in our next post.

Recent Techrights' Posts

Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day