Bonum Certa Men Certa

Patents Roundup: Twitter and Amazon, Microsoft and Apple, USPTO and SCOTUS



Summary: A collection of news about software patents and patents in general

THERE is troubling news from the embargo agency known as ITC, which helps one company attack another by means of a sanction. There are some more reports on this which highlight the relevance to software patents, including this one which says:



The ITC affirmed the Chief Administrative Law Judge's ruling earlier this year that Suprema, Inc. of South Korea and Mentalix, Inc. of Plano, Texas infringe Cross Match's hardware and software patents, further determining that Suprema actively induced others to infringe one of Cross Match's patents.


The ITC loves blocking Asian products at the behest of US companies such as Microsoft and Apple. Pressure is applied to them in the same way that US pressure is applied to Cuba. The 'sin'? Allegedly having similar ideas. How can anybody justify this?

In other news, Twitter, which opposes software patents, is being hit by another patent troll/parasite, just amid complaints from Amazon that it too has become a victim of the patent system:

BOOKSELLER AMAZON has had 11 patent lawsuits filed against it this year, according to a filing with US financial regulators.


The MSBBC covered this too:

Amazon has revealed that 11 companies have filed patent lawsuits against it since the start of the year - more than three times as many as in all of 2010.


From Amazon's original SEC filing:

Risks have been amplified by the increase in third parties whose sole or primary business is to assert such claims [...] our website technology, including our 1-Click ordering system, infringes a patent obtained by Cordance


Amazon has meanwhile been pushing for software patents in the EU and it is in no real position to complain. It also pays Microsoft for GNU/Linux servers and the Linux-based Kindle. The next Kindle too (based on Android) will allegedly be taxed by Microsoft. Amazon did not even put up a fight. Why is it that the press neglects to mention such stories for background? Amazon is not in a position to whine. Stallman is meanwhile quoted widely as saying that Jobs also made it a personal crusade to attack Android with software patents. It is not far fetched to assume that Larry Ellison did a favour to his "best friend" (by his own words) Steve Jobs by suing Android through Google.

The Wall Street Journal mentions the latest twist and IDG comments on the Oracle vs. Google case, which was delayed, by heckling Google, as one ought to expect. IDG has never been a Google-friendly platform.

Meanwhile, patent lawyers get a platform in the Washington Post and they sort of admit being the parasites coming at the expense of actual work. By one's own words:

But when patents cannot be understood, are difficult to obtain, or become nearly impossible to enforce, much of the money that would go toward research and development is spent on lawyers. These legal fees drastically increase the barriers to investment for a promising new idea, dulling America’s technological edge. The modern trend of bundling patents into large portfolios for sale on the open market further demonstrates how the patent market currently favors large corporations over the individual entrepreneur.

As a patent attorney, I am constantly meeting hopeful inventors who dream of securing a patent to protect their ideas. They have been told by potential investors that they need a patent before they are willing to invest in their technology. When I explain that a patent will cost upwards of $30,000 and take around five years to obtain, their hopes are dashed. The news only gets worse when I inform them that enforcing a patent is a multi-million dollar proposition. At that point, most simply give up.


Another paper is giving a platform to Microsoft's FUD against Android and promotion of software patents (there are some parts there about both). To quote the puff piece (Microsoft guest post essentially):

Microsoft attorney outlines Android patent tactics



[...]

Those patents (cover) individual features that have been created in a particularly inventive way by Microsoft and that have been recognized by the patent office. It's now being tested in court. It remains to be seen what courts say; they will be the ultimate arbiter. But we believe they're solid patents.



Guess who is is playing along? MSN, Microsoft's fake 'news' site. The Microsoft press on Apple's ridiculous patents that threaten Android is as shallow as one should expect. Compare it to this good piece which complains about a "broken" system:

Apple's Newly Awarded Patent and a Broken System



[...]

The result, in my humble opinion, is that the system is broken for the modern age and in need of an overhaul. Over the last few years I’ve seen patents, which were originally developed as a form of protection for an inventor, become a corrupted version of its original intent. Instead of protection they’re now used primarily as strategy and legal weaponry against competition. And the reason is the pure power behind it – a patent grants exclusive rights on the technology in question for 20 years.

Outside of basic patent trolling, there are a number of examples that can be cited here that illustrate the shambles that our patent system is now plagued with, but it was the most recent one that set me off this week. Just recently Apple, which is a perennial member of the patent lawsuit club, was just awarded patent 8,046,721 (7,657,849 is the same thing just older) by the good ol’ USPTO, entitled “Unlocking a device by performing gestures on an unlock image.” I’m going to let that one sink in for a second and let you read some of that patent I linked before the tirade that’s about to follow, divided cleanly into three (3) parts for your convenience. And before I get to it, let me put a disclaimer out there that I’m not a lawyer, nor do I have any formal legal education or professional experience.

You good? OK.


E.D. Kain asks, "Do Patents Kill Innovation?"

Of course they are killing innovation. Their goal was never innovation. It was documentation. "Patent office strained by time, staffing" reads a new headline from the Nashua Telegraph and one lawyers' site helps remind us that this problem is systemic because even SCOTUS won't do what needs to be done:

The Supreme Court's decision did not invalidate the multitude of business method patents already issued or threaten patent applications still pending. Rather, the court invited the Federal Circuit to consider the appropriate way to evaluate business method patents. Due to the lack of guidance from the courts, the time was perhaps ripe for intervention by Congress.


The patent system is harmful and it helps harm small players in particular. Something must be done about it.

Comments

Recent Techrights' Posts

[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025