Bonum Certa Men Certa

Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

"Patent monopolies are believed to drive innovation but they actually impede the pace of science and innovation, Stiglitz said. The current “patent thicket,” in which anyone who writes a successful software programme is sued for alleged patent infringement, highlights the current IP system’s failure to encourage innovation, he said."

--IP Watch on Professor Joseph Stiglitz



Summary: Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays

AS WE wish to resume our EPO coverage (there is a lot more material on the way), we have decided to lump together various bits of news from the (primarily US) patent system, subdivided below and split into themes.



BlackBerry Still Dangerous



When Canadian powerhouse BlackBerry introduced not only one but several Android-based phones were were rather relieved, as at one point several years ago it seemed like BlackBerry was slowly transforming to become a patent troll or preparing to sell its very many patents to notorious trolls (or patent assertion firms/entities, PAEs for short). BlackBerry, which is still struggling based on the number of sales, may somehow be bound to become like a patent troll, judging by this new report which makes the company (now run by a Turbolinux executive who previously sold out to Microsoft on the patent front) sound like a PAE. "He also hinted at a future based around brand and technology licensing," says the summary. Watch out for BlackBerry because if Android doesn't give it the success it is looking for, then BlackBerry might simply choose to sue Android OEMs (directly or indirectly, like Ericsson and Nokia). They can always try to blame such aggression on "shareholders!"

China Comes Knocking, Not Knockoffs



"Watch out for BlackBerry because if Android doesn't give it the success it is looking for, then BlackBerry might simply choose to sue Android OEMs (directly or indirectly, like Ericsson and Nokia)."Yesterday my wife and I had lunch with a businessman who is a distributor of goods from Hong Kong, Taiwan and the Philippines. He warned about Chinese protectionism via SIPO and spoke about unusual restrictions, such as the imperative registration (can take about a year) in order to proceed to the simplest of enforcement inside China (even purely defensive enforcement in the face of counterfeiting or cheap imitations).

Put old stigmas aside for a moment. China is not stupid. China is also more than an imitator. It actually brings out some innovations these days and it is willing to go abroad to sue Western rivals. It's not just on the defensive and increasingly it's on the offensive. "Knocking out Chinese patents may be a lot harder than you think," IAM wrote the other day and Dr. Glyn Moody, citing his colleague (article from 6 years ago), says "Just As We Warned: A Chinese Tech Giant Goes On The Patent Attack -- In East Texas". So, how is it working out for multinational US companies which relied so much on the USPTO and faithfully (or blindly) trusted it for protectionism? "Techdirt," Moody explains, "has been warning for years that the West's repeated demands for China to "respect" patents could backfire badly. In 2010 [before Moody wrote for Techdirt], Mike [Techdirt founder] pointed out that Chinese companies were starting to amass huge patent portfolios, which were soon used as weapons against foreign firms operating in China, most notably Apple."

"China is not stupid. China is also more than an imitator. It actually brings out some innovations these days and it is willing to go abroad to sue Western rivals."Based on articles like this new one, not only Huawei is suing; it is also being sued, this time by Samsung (from Korea). Samsung and Huawei have become top Android OEMs and there is a lot of money at stake when people pay up to $1,000 per phone. IAM seems to have taken an interest in many east Asian markets recently; one new article is titled "Korea’s antitrust watchdog hints Qualcomm can expect another near $1b fine in patent probe" and another is titled "Transpacific denied Enfish lifeline as Taiwanese companies’ NPE experiment hangs in the balance". These are IAM's latest attempts to float software patents because of an old patent case involving Microsoft. To quote: "Sensing a glimmer of hope from the US Federal Circuit’s judgment in Enfish v Microsoft – which went some way towards clawing back patent eligibility for software inventions in the aftermath of the US Supreme Court’s ruling in Alice – Kinglite filed a motion asking that the Central California court to reconsider its decision on the invalidity of the ‘304 patent. However, this was rejected on the basis that Kinglite’s patent does not “disclose any of those mathematical algorithms that actually represent an application of the 'abstract' idea of securing the BIOS through authentication, nor a new concrete means of applying those algorithms… [unlike] the patent in Enfish which apparently disclosed a new method of building a database”."

Enfish does not really change much, but IAM would use anything it can to promote the interests of its paymasters, often unproductive (or counterproductive) patent parasites like this one it has just written about.

USPTO Wants 'Certainty'



"Samsung and Huawei have become top Android OEMs and there is a lot of money at stake when people pay up to $1,000 per phone."Certainty (or contrariwise, uncertainty) has become one of those buzzwords that David Kappos and fellow patent maximalists (especially proponents of software patents) use to say that Alice is nasty and needs to be buried. Two more articles have been published about the efforts to trigger changes with a new memorandum [1, 2]. The latter says: "The extent to which these disparate analyses can be reconciled will depend, of course, on future case law, leaving the question of subject matter eligibility in its current state of uncertainty."

When the author (patent maximalist who shamed even a SOCTUS Justice) says "leaving the question of subject matter eligibility in its current state of uncertainty" the simplest translation is "leaving the question of subject matter eligibility in its current state of denying software patents."

This is a subject which was mentioned here the other day, especially in relation to IBM.

Dying Software Patents



"Certainty (or contrariwise, uncertainty) has become one of those buzzwords that David Kappos and fellow patent maximalists (especially proponents of software patents) use to say that Alice is nasty and needs to be buried."Upon reassessment most software patents are invalidated these days. There are some exceptions like the BASCOM case and patent lawyers love latching onto those. An article from Jason Rantanen (Patently-O) is an example of this bias among professors as well. He wrote: "Since Alice v. CLS Bank, the Federal Circuit has issued four opinions rejecting a lack of patent eligible subject matter challenge: DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed. Cir. 2014); Enfish LLC v. Microsoft Corp., 2016 WL 2756255 (Fed. Cir. May 12, 2016); Rapid Litigation Management Ltd. v. Cellzdirect, Inc., 2016 WL 3606624 (Fed. Cir. 2016), and BASCOM v. AT&T, with the latter three coming the last few months."

Well, still, those are clearly in the minority and they come from a crooked court which is responsible for bringing software patents to the US in the first place.

Another software patent has in fact just died, thanks to Alice again. Patent Buddy wrote that "PTAB Holds Lottery Patent Claims Invalid under 101/ Alice: http://assets.law360news.com/0819000/819445/cbm2015-00105_termination_decision_document_36.pdf …"

"Another software patent has in fact just died, thanks to Alice again."PTAB is very much dedicated to elimination of such patents because it has no incentive to empower plaintiffs, unlike CAFC. The US needs a lot less of CAFC (or anything like CAFC) and more of PTAB. Don't be misled by all those spinners who equate PTAB with "death squads". Patent law firms, for instance, still conveniently cherry-pick cases that support software patents (see "Another Software Patent Survives an Alice Challenge" by Seyfarth Shaw LLP). They put "abstract idea" in quotes (probably scare quotes, depending on style) and even add the word "alleged", certainly not hiding their bias too well. To quote this latest 'analysis' (marketing): "In a rather complex case, Yodlee again focused on the definition of the "abstract idea" by the defendant. Many times, defendants frame the alleged "abstract idea" too broadly to improve their 101 invalidity argument, and courts or the PTAB find the definition is too broad. Other times, defendants frame the abstract idea too narrowly and courts agree with the defendant on the definition of the invention, but find such a narrow definition to not be drawn to an abstract idea. Here, the defendant framed the abstract idea in a manner inconsistent with the claimed invention, and the court found no apples to apples comparison."

Improving Patent Quality



In our previous post we praised the USPTO (or PTAB by extension) for at least working to improve patent quality somewhat. Professor Crouch says that a new U.S. Government Accountability Office (U.S. GAO) report alluded to patent quality. "Patent Office Must Define and Improve Patent Quality" says the headline and the body of the short article says: "Regarding patent quality, the GAO suggested that the USPTO’s standard of patent quality should focus solely on the basics: defining “a quality patent as one that would meet the statutory requirements for novelty and clarity, among others, and would be upheld if challenged in a lawsuit or other proceeding.” However, patent clarity must be an important element of that definition."

"For those who don't know it yet, when IAM precedes something with "REPORT" it's actually a euphemism for "SPONSORED CONTENT" or "ADVERTISING" (disguised as analysis by some particular firm)."This is good news. Compare that to propaganda sites like IAM where there is a new "REPORT" (i.e. paid-for marketing placement for a firm) titled "International report - Federal Circuit distinguishes between tests for obviousness and patent-eligible subject matter". For those who don't know it yet, when IAM precedes something with "REPORT" it's actually a euphemism for "SPONSORED CONTENT" or "ADVERTISING" (disguised as analysis by some particular firm).

GAO's input basically says that the Office must tighten patent scope, whereas the latter (propaganda/marketing) offers 'tricks' for getting around scope restrictions.

Using Taxpayers' Money for Patent Stockpiling



"GAO's input basically says that the Office must tighten patent scope, whereas the latter (propaganda/marketing) offers 'tricks' for getting around scope restrictions."We quite liked IP Watch's article "Patenting By Universities Unhelpful, Paper Says; WIPO Programme To Be Reviewed" [1]. It was published a few days ago, just in time for IAM's 'report' on Harvard University's use of patents (granted using public money) to sue the private sector. IAM wrote: "Late last month Harvard University took the very unusual step of filing two infringement lawsuits against semiconductor manufacturers Micron and Global Foundries over their alleged infringement of two patents that are owned by the Ivy League institution. That in itself is a pretty rare occurrence – combing the Lex Machina database I found that Harvard has been a co-plaintiff on just one other patent suit since 2011, so it seems that this is the only case in at least the last five years that it has been the sole plaintiff in an action."

This isn't the first time that we write about universities getting aggressive with patents, not just selling patents to trolls who become aggressive with these (like Intellectual Ventures). What they do here is extremely unethical and should be grounds or basis for revocation of government grants. When universities are becoming like patent trolls (not producing but suing) it's worse than classic patent trolls because taxpayers fund it and get punished for it, usually for the enrichment of some shady people.

"When universities are becoming like patent trolls (not producing but suing) it's worse than classic patent trolls because taxpayers fund it and get punished for it, usually for the enrichment of some shady people."In other IAM propaganda this week, watch this spin on patent litigation decline in the US. So patent trolls, which rely on software patents more than most (and pay IAM), lose momentum. A cause for celebration or for sobbing? Probably for sobbing at IAM. Bezos-owned news site Washington Post meanwhile reports, somewhat contradictorily (in light of the latest figures from Lex Machina), that "Patent lawsuits swell and watchdog says the government is to blame" (they actually decreased year-to-year in the past few months). To quote:

Inventors are filing an exploding number of lawsuits against companies that appropriate their products illegally — and a new report puts the blame for these costly disputes squarely at the feet of the federal government.

The U.S. Patent and Trademark Office is so focused on rewarding its employees for the number of applications they review that the quality of patents they give out is in jeopardy, according to the Government Accountability Office.

The result is that licenses conferring someone’s sole right to an invention are “unclear and overly broad” and vulnerable to infringement by competitors.


"Software patents are not legal in Europe, but the likes of Battistelli don't obey the rules anyway and more attempts to interject software patents into Europe are made by those who could not care less."Here again we have GAO saying what it has been saying for quite some time. Will anyone listen? Will the advice be taken seriously? See what happened after an Australian (almost) equivalent had said something to the same effect. Local patent law firms got rather aggressive.

Software Patenting in Europe Still Being Attempted



Software patents are not legal in Europe, but the likes of Battistelli don't obey the rules anyway and more attempts to interject software patents into Europe are made by those who could not care less. According to this article, there's a Dutch dispute over a patented “superformula” (i.e. algorithm). As the author correctly notes: "Despite the noise being made by Genicap, there's some question as to whether the company's patent actually applies to No Man's Sky. The European Patent Convention says directly that "discoveries, scientific theories, and mathematical methods" are not directly patentable, and US patent law also excepts "disembodied mathematical algorithms and formula" from patentability."

"The Dutch people don't need software patents; they're usually just victims of such patents."Well, such patents oughtn't exist in the first place. The last time we heard of software patents in relation to the Netherlands it was Microsoft's lawsuit against TomTom (Dutch company) and a Dutch developer who had his work killed [1, 2, 3] by a patent aggressor, Shazam. The Dutch people don't need software patents; they're usually just victims of such patents. ⬆

Related/contextual items from the news:



  1. Patenting By Universities Unhelpful, Paper Says; WIPO Programme To Be Reviewed
    A new publication analysing the relationship between intellectual property and access to science explores ways countries have developed to counter the potential barriers created by IP rights, and says patenting by universities is counterproductive.


Recent Techrights' Posts

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026