Bonum Certa Men Certa

Microsoft Acknowledged Patent System is Broken, But Happily Uses it to Attack Rivals

Two-edged sword and all that malarkey

Gun



Summary: The perplexing situation Microsoft is in when it comes to software patents, based on the i4i case and beyond; Apple's case against Linux mostly falls apart for the time being

Several months ago (3 to be precise) Grant Gross claimed that the "U.S. Supreme Court justices questioned Monday whether they should side with Microsoft and weaken the legal standard needed to invalidate a patent, with some justices suggesting there are alternatives to changing established law."



This was written in reference to the i4i case -- "a case that could make it easier for defenders in infringement lawsuits to invalidate patents," claimed the author.

"Microsoft, which lost a US$290 million decision in a U.S. district court, has argued that i4i began selling a product with the XML editor included ayear before it applied for the patent. The U.S. Patent and Trademark Office (USPTO) didn't consider this so-called prior art in granting the patent, but the district court should have, Microsoft lawyer Thomas Hungarargued Monday."

So even Microsoft recognises that there is a problem within the US patent system, based on this kind of article, yet Microsoft is perfectly happy to exploit this system for anti-competitive purposes/reasons.

“Didn't Microsoft sell their legacy products with disk formatting before patenting it?”
      --Anonymous
"Looks like another legal spin by the legal spin artists," remarked on it someone in USENET. "So, if one sells an invention before they patent it, they are not entitled to the fruits of their labour?

"Ludicrous of course, if one were to consider the so called validity of software patents.

"Didn't Microsoft sell their legacy products with disk formatting before patenting it?"

He added: "I would say that if someone copied such so called invention prior to it being patented, then yes, it is prior art.

"There is no need for SW patents as copyright law is all that is required," added another person. "You will find prior art at some level in all SW and hence SW should not be patentable. The absurd patent litigation we are seeing today is, in the main, from companies who cannot compete on a level playing field."

"Agreed," said the former person, "hence I was being facetious. SW has no business being patented without being a unique integral component of a physical invention. That should exclude general operating systems like Linux and Microsoft Windows, to name a few.

"The smartphone market is a clear example of this. Microsoft, who aren't able to produce a smartphone people want, resorts to extortion. Apple, who did produce the first truly smartphone, resort to patent suits because android phones are simply a better product and Apple cannot compete on a level playing field," add the second person to whom the reply was: "Microsoft is nothing more than a monopoly maintenance machine with a large marketing and legal base. They can't compete on the merits of their products, and thus must resort to other means for profitability."

Apple and Microdoft are both resorting to software patents simply because they cannot win the battle, not with a long-term win anyway. As Mr. Pogson rightly explains, the real news is that Apple's case against Android is crumbling in some ways while those behind Apple's patent strategy leave the company.

Some people see the glass half-empty. Others see it half-full. The case of Apple v HTC over Android/Linux is 80% empty and on shaky ground IMHO.

Apple charged HTC with violating 10 patents and the initial decision is that 2 were infringed… Imagine a citizen claiming a neighbour stole his 10 Rolls-Royces and the police notice that the complainant only owned 2… That would result in charges of mischief against the complainant where I come from. The two remaining patents are really shaky and also at issue in Apple v Samsung.


We wrote quite a lot about Apple's case against HTC -- more so than the subsequent litigation against Android because the HTC lawsuit was the first of its kind and it symbolised Apple's assault on Linux as part of its alignment with that same patents cartel. Given enough time researching old programs and filing for more motions in the court, all of those alleged "patents that Linux infringes on" can probably be invalided or worked around. The case of Oracle against Google helps demonstrate this.

Comments

Recent Techrights' Posts

American Back Doors No Longer Trusted by Europeans
Has the EU paid attention, for a change?
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Ubuntu More Honest Than Microsoft Windows
If you don't like the direction Ubuntu has taken, then try something else
Azure is Dying, the "Entertainment" (Slop) Couldn't Lift Up Fake 'Demand' For Azure
Azure has had mass layoffs every year since 2020 and even earlier this year
2026 Starting to Feel Like 2020
Can Wall Street survive this?
Growing Awareness of Techrights' Importance
We're not an individual's blog but a community project
Harassment by Microsoft, Then a Cover-up
That Microsoft relies on blackmail, bribes and harassment (even against its own people) isn't surprising given the roots of the company and its toxic, deceitful management
SLAPP Censorship - Part 37 Out of 200: The Correct Suspicion Garrett and Graveley Were Collaborating in Overseas Litigation Against Critics
Microsofters and back doors' boosters from America frivolously sue Brits
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026