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

Torturing Users Who Just Want to Run GNU/Linux on Their Own PC
"Linux does not want to install"
European Authorities, Already Bribed and Infiltrated by Microsoft, Won't Help You Find BigBlueButton, Jami, Ring, and Jitsi
Because they're paid by Microsoft and are Microsoft 'addicts' themselves
Moving From Content Management Systems (CMSs) to Static Site Generators (SSGs) Saves You Time, Makes You a Lot More Productive
try to reduce the cost (financial and computational) of running your site
Leak: European Patent Office (EPO) is Now Attacking Amicale Clubs
corruption has become the norm and scientists are robbed of any dignity
Oracle Fraud (or Defrauding Shareholders)
"the obvious [lie] is that watts are (wasted) electricity [and] and FLOPS are computing capacity"
Explaining (in Length and Depth) the Damage Matthew Garrett Did to Linux and to GNU/Linux Users
no matter how many threats we receive
 
Fake News With Fake Numbers About Microsoft
"This is what happens when the world's economy is governed by sick old men"
Slopwatch: "Google News" is Fast Becoming a Mashup of Slopfarms, Linux Journal ("LJ") is a Dump of LLM Slop
Well done, Google News. Google itself can flourish as a slopfarm mashup.
The Register MS Still Takes Money to Hype Up "AI" in Articles by Microsoft Resellers With the Term "AI" 30+ Times in Them
Notice how many times they mention "AI"
The Apache Logo News is VERY Old, Racists and 'Anti-Woke' Bigots Look for Something to Incite Other Bigots With
Nothing to see here, move along
Linux Mint 9/11: "4th One Today..." (in Reddit)
Remember that not everyone having an issue reports it to social control media like Reddit
Nepal Will Fall Without a Single Shot Fired, Thanks to Social Control Media
Or very few shots (by the authorities)
European Corruption in the European Patent Office (EPO) Targets Culture
"In reality, the project includes a new “legal instrument” shifting administrative burden and liability on EPO staff while creating new uncertainty and externalising Amicale activities."
UEFI Secure Boot Failing, as Expected for Nearly 15 Years Already (Techrights Said This Since 2012)
in the media
Debian 9/11
people report this issue
Gemini and Web Links 13/09/2025: MElon's Slop Grift and "Autonomous Trains"
Links for the day
Pursuing Peace Through Violence
You cannot "see" a person's mind, until the mouth opens
Can We Please Stop Celebrating Shooters?
"An important point to hammer on is that CoCs were never intended for uniform or symmetric application"
Geminispace is Growing Faster in 2025 Than It Did in 2024
What matters is that corporations haven't ruined it and LLM slop is extremely rare
Links 13/09/2025: China Punishes for 'Negative' Posts, US Police Unable to Find Shooter
Links for the day
Who's the Mystery Financier of SLAPP Against Techrights and Is That a Millionaire/Billionaire?
Whose idea was it to fund meritless lawsuits against my wife and I?
Slopwatch: Slow Slop Day
This distracts from or may take traffic away from the original articles, actually written by actual people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 12, 2025
IRC logs for Friday, September 12, 2025
CoC Gone Wrong: Celebrating Murder OK, Complaining About the Celebration Gets You Banned
Hopefully the NixOS Foundation will have a word with (maybe replace) the moderator/s
Gemini Links 12/09/2025: Familiarity and Secondary Dominants
Links for the day
Links 12/09/2025: "Bad Reviews" as Extortion Weapon, "Free Speech At Risk in America’s Schools" According to ACLU
Links for the day
Only One Speaker Does Not Do Sharecropping for MElon (in X.com)
The man who puts principles before PR/optics
The Mind of the 'Hulk Hogan of UEFI'
in a nutshell
A Day After "UEFI 9/11": UEFI Secure Boot Bypass
In the news today (right now), as published in the past few hours
Links 12/09/2025: Slop Code as Liability, Microsoft Outlook Down for Many
Links for the day
It's Still Not to Late to Turn Off "Secure Boot"
If people reboot their PC or server today, and it relies on "Secure Boot" on Sept. 12 or later, then depending on the firmware there may be trouble ahead
Links 12/09/2025: Shira Perlmutter is Back, “Software Per Se” Patent Rejections in In re McFadden
Links for the day
Slopwatch: Linux Plagiarism, Slopfarms Still Infesting Google News, Many Images Are Fake
Google is promoting plagiarism
"This Morning Might Turn Out to be an Interesting One for System Admins Who Haven't Updated Their Devices' Secure Boot Certificate" (If They Reboot)
Who asked for this anyway?
Gemini Links 12/09/2025: Metric System, Dumping Windows, and Software Architecture is Dead
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 11, 2025
IRC logs for Thursday, September 11, 2025
Microsoft Admits the Workers Have Lost Trust (Endless Layoffs, 12-13 Rounds of Layoffs This Year), So Now It's Trotting out Its Peter Bright-Like Media Prop Jordan Novet
What they don't want people to pay attention to right now
Links 11/09/2025: Windows TCO and Russian Drones Invading Poland (EU/NATO)
Links for the day
Gemini Links 11/09/2025: xkcd, misfin, and Alhena 5.3.2
Links for the day
Repetition of Last Summer (Microsoft Breaking Dual-Boot Systems)
UEFI 9/11 is about to kick in
UEFI 'Secure Boot' Boiling Frogs (Cannot Turn Off 'Secure Boot')
"MSI laptop is locked on Secure Boot and doesn't allow me to turn it off"
UEFI 9/11 Aftermath - Part IV: The 'Hulk Hogan of UEFI' and His 'Hideout' Holiday (Retreat From Reality)
Let's keep an eye on what matters
UEFI 9/11 Aftermath - Part III: Mr. 'Secure Boot' (Shim) and His Fake 'Holiday' (Sending My Wife and I Threatening E-mails on 9/11)
despite being on holiday, according to him, he finds time to instruct lawyers to contact my wife
UEFI 9/11 Aftermath - Part II: "The SecureBoot Thing Got Out of Hand."
The next few weeks might be... interesting
UEFI 9/11 Aftermath - Part I: "I Believe This Affects Thousands of Devices... Because Multiple Devices I Checked, Whether Client or Server [...] Affected."
Most people aren't even aware that this is happening or about to happen
The UEFI 9/11 - Part X - An Outline of the Series About Microsoft Sabotaging GNU/Linux (With Ramifications to Unfold Online in Coming Weeks as People Reboot)
Today is UEFI 9/11 (9/11/2025)
Ron Wyden: Microsoft Should be Held Accountable for Security Breaches (He Has Said This for Years Already, It Never Happens)
Negative media coverage isn't a fine and it does nothing to compensate Microsoft's billions of victims
Culture of silence: Ubisoft harassment convictions, Mozilla, Sylvestre Ledru & Debian make no comment
Reprinted with permission from Daniel Pocock
Disable 'Secure Boot' (If It Lets You)
it doesn't put you in control
Links 11/09/2025: "Hey Hi" Ponzi Schemes at Oracle (Unpaid Contracts) and Cindy Cohn is Leaving the EFF
Links for the day
Longtime Red Hat Staff: Maybe Just Disable 'Secure Boot'
A refreshing take from Adam Williamson
Gemini Links 11/09/2025: Playdate Console, Dichotomy between the Real and the Digital
Links for the day
A Dozen Observations About "UEFI 9/11" Deflections
What we are expected to see, tentatively
The Microsoft AstroTurfing and Microsoft-Led Blame-Shifting Tactics Are Ahead of Us
Of course it has nothing to do with security, it's about control, i.e. them controlling everything
Celebrating Assassination is Bad Because It Legitimises Assassination of the People You Like, Too
Condoning or even celebrating political assassinations is bad optics (and taste)
The World's Richest Ponzi Scheme (Faking Value Using Net Waste)
The higher they go the harder they fall
We Could Dual-Boot Back in the 1990s, Why Has This Become So Difficult?
And prone to breakage
Being Conditioned to Accept Unreliable Computer Systems That Fail With Black Screen of Death (BSoD)
Welcome to 2025
Slopwatch: Google News is Still Promoting Many Fake Articles About "Linux", in Effect Rewarding Misinformation and Plagiarism
things continue to deteriorate
New Series: The Coup Against GNU/Linux Has Begun
today, this year in particular, we shall also focus on Secure Boot, which is sold based on a lie and tortures many computer user
New Paper on "BYOVD, but in firmware. Signed UEFI shells, vulnerable modules offer new paths for Secure Boot bypasses."
One might say digital "security theatre"
Links 11/09/2025: Oracle Layoffs, Drunk Pilots in Japan Airlines, US-Korea Tensions Grow
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 10, 2025
IRC logs for Wednesday, September 10, 2025