Bonum Certa Men Certa

FRAND Tax, Patent Trolls as Satellites of Large Patent Aggressors, EPO Puff Pieces, and Another Imminent EPO Protest

Satellite



Summary: A roundup of patent news from the US and from Europe, focusing on various themes which we have been covering for many years

Unfair, Discriminatory and Unreasonable FRAND (no FRIEND)



POPULAR patent lawyers' Web site/blog, Patently-O (usually quite subjective on the subject of software patents, although not as grossly so as IAM or Gene Quinn, whom we'll allude to later on) has just published a piece from Prof. Contreras, who therein remarks on the now-popular subject which is RAND (or FRAND, an even more misleading euphemism because it adds the word "fair" to something which is clearly unfair, never mind unreasonable and discriminatory, definitely no FRIEND). We wrote a lot about RAND/FRAND more than three quarters of a decade ago (perhaps 18,000 articles ago), especially in relation to Europe because there were technical parliamentary debates about it, accompanied by heavy lobbying by Microsoft, very persistently in fact so as to exclude Free/Open Source software as a matter of law. A Microsoft front group is now lobbying on the FRAND front again, using a new livery, "All Things FRAND". So watch out! This new guest post by Prof. Contreras cites a somewhat popular caselaw, involving Microsoft's patent war on Android/Linux, fought through Motorola before the Google takeover (see our Wiki page about it).



"We wrote a lot about RAND/FRAND more than three quarters of a decade ago (perhaps 18,000 articles ago), especially in relation to Europe because there were technical parliamentary debates about it, accompanied by heavy lobbying by Microsoft, very persistently in fact so as to exclude Free/Open Source software as a matter of law."To quote one relevant (to us) part of the piece: "Interestingly, this case represents the second appellate decision this year in which the admissibility of comparable license agreements has been challenged in RAND royalty determinations. In the prior case, Microsoft v. Motorola, 795 F.3d 1024 (9th Cir. 2015), the Ninth Circuit was more deferential to the District Court’s exclusion of potentially comparable license agreements. In Microsoft, the Circuit Court upheld the District Court’s exclusion of three arm’s length license agreements to which Motorola was a party for reasons including the fact that some agreements were entered into to settle or forestall litigation, they included patents other than the patents at issue, they included cross-licenses and they included royalty caps. It will be interesting to see how the Circuits reconcile their interpretations of this key evidentiary standard in future cases."

Litigation/Extortion by (Patent) Proxy



Now, recall and consider the latest output from other pro-patent maximalism sites (meaning they want more feuds, hence more lawyer income). Right now it's IAM which, without using the T word (troll), reveals that Panasonic too, not just companies like Microsoft, supports outside trolls for business objectives (Microsoft uses trolls like Intellectual Ventures and MOSAID, which has been renamed in a likely effort to dodge negative publicity). These companies use their patent portfolio in a very mischievous way, passing patents to trolls like Ericsson did. Ericsson's troll too has changed its name after receiving a lot of negative press. Remember that Ericsson is a European company and take note of new or emergent patent trolls in Europe. This plague is spreading across the Atlantic.

"These companies use their patent portfolio in a very mischievous way, passing patents to trolls like Ericsson did."Notice the connection of all the above companies to the EPO (we covered all of these before) and recall the special the role of one of them in discriminatory patent granting at the EPO (or closer/special contacts).

EPO is Innovative! According to Shallow 'Placements'...



Speaking of contacts, we must wonder if this new patent lawyers' analysis is basically some kind of media placement or presence (this new one from Managing IP also looks similar to classic puff pieces, but not exactly so). It paints the EPO as some kind of a super-advanced system where -- gasp! -- video conferencing is used. Welcome to the 1990s!

"It paints the EPO as some kind of a super-advanced system where -- gasp! -- video conferencing is used. Welcome to the 1990s!""Many of us," wrote the author, "are familiar with conducting business by video conference. It provides an extra option for talking to remote clients that is much less expensive and time-consuming than an in-person meeting, but can result in a better personal connection than a phone meeting."

So basically the whole article then hails the EPO for using -- gasp! -- video conferencing. Wow, the innovation!

EPO Staff Not Gonna Take It Anymore



Well, it's now increasingly clear that the EPO is desperate for positive publicity because it is widely loathed. Another EPO staff protest will take place this Thursday, as planned quite some time ago. The exact plans are now being outlined by SUEPO in their new update (top of this public page). To quote SUEPO: "The next demonstration will take place on Thursday 10 December, starting from the Pschorrhöfe building at 12h. The demonstrators will march peacefully to the local Palace of Justice.

"Isn’t it funny that the EPO’s management tries to frame staff as the issuer of threats when it’s actually the management doing so?""With these demonstrations staff protests against the persistent attacks on its staff representatives, culminating in the suspension of and disciplinary procedures against 3 Union officials in Munich."

Of course there will (as usual) be attempt to crush these protests by all means possible/available, even ahead of time. It's commonly done using threats directed at organisers. Isn't it funny that the EPO's management tries to frame staff as the issuer of threats when it's actually the management doing so? Well, a French politician who represents French workers abroad (that's a lot of French patent examiners) rapidly becomes Battistelli's Nemesis and we hope these protests will help demonstrate to more politicians that not all is well and serious reform is desperately needed.

Software Patents



Longtime readers already know that our main concern about the EPO has always been software patents in Europe. Software professionals universally reject software patents, but they're not the ones voting on such matters if the likes of Battistelli want to meet so-called 'production' goals, meaning, by definition of these goals, granting patents in more domains and granting invalid/bogus patents.

"Europe's patent system is now having far broader an issue than just patent scope."Gene Quinn, a "blowhard" (to quote IP Troll Tracker) patent lawyer and longtime proponent of software patents, is still at it. He and I exchanged over a hundred messages in Twitter, only to find out that he never wrote any code that he can point to (he claimed he had written some but was unable to find evidence). He just doesn't understand how software works and cannot tell the difference between data/input and program code. He is now trying to give people tips for patenting software, even after US courts repeatedly ruled against (many) such patents.

Europe's patent system is now having far broader an issue than just patent scope. At the end -- and we hope or suppose patent examiners will agree -- we sorely need a patent policy that represents public opinion and maximises benefit to the public. Over-patenting leads to higher costs on everything (the 'lawyers tax') and can also suppress innovation and development, either by means of deterrence/fear or by over-encumbering litigation, sometimes initiated by opportunistic patent trolls (occasionally operating at the behest of larger entities seeking to annihilate rivals, as noted above).

Recent Techrights' Posts

Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
 
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day