Bonum Certa Men Certa

Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

China is copying a failed experiment

Chinese teapot



Summary: A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly

PATENT scope went out of control back in the days of David Kappos and some of his predecessors at the USPTO. They made it their goal to simply increase the pace of patenting irrespective of patent quality -- the same mistake the EPO is now making under Battistelli's truly awful leadership. In the process, the USPTO granted a lot of patents on software (algorithms). This, in turn, gave rise to patent trolls.



Speaking of patent trolls, remember Finjan? It is a nasty patent troll that received money (along with other support) from Microsoft and now goes after legitimate companies. Its new press release (from today) says in the summary: "Avast's Acquisition of AVG Has Resulted in Claims for Breach of Contract and Infringement on Finjan's Patents" (suing via Finjan Holdings, as usual).

Trolls will be trolls.

"Speaking of patent trolls, remember Finjan? It is a nasty patent troll that received money (along with other support) from Microsoft and now goes after legitimate companies."Remember that Thomas Edison (now a patent icon) was a patent troll; he was not an epic inventor but a famous 'thief' (of ideas). Now see this new article by Jason Rantanen regarding a book he has read. "I recently read Graham Moore’s The Last Days of Night," he said, "a tale about the patent war between Thomas Edison and George Westinghouse from the point of view of Paul Cravath, the young lawyer representing Westinghouse (and yes, that Cravath). The book is historical fiction (which means that it consists of made up/condensed elements set within the broader landscape of historical evidence), but many of the themes within it ring true today. Among them are divergent views of the role of patents in technological development. Edison personifies the corporation-as-inventor, with his organized system for inventing. Westinghouse embodies the practical aspects of invention–the need to take a technology and make it into a commercial reality. And Nikola Tesla is the “flash of genius” inventor who invents for the love of inventing rather than for material rewards."

In the field of software, where a lot of code gets published as Free/Open Source software, people receive credit for their work through attribution, reuse, etc. They don't want or need to pursue patents. Those who want software patents typically develop no software at all; they don't even know how to. The patenting of software is pointless as it's the domain of copyrights, not patents.

"The patenting of software is pointless as it's the domain of copyrights, not patents."Watchtroll, which has resorted to publishing press releases (desperate for money perhaps; software patents are a dying business), is still complaining that PTAB is fixing patent scope (i.e. more of the same) and Law 360, which targets the patent microcosm, says that "Kinglite Loses Final Round In PTAB Software Patent Fight" in an article published over the weekend (behind paywall) to say:

Kinglite Loses Final Round In PTAB Software Patent Fight



Claims in two Kinglite Holdings Inc. computer software patents were found invalid Thursday, capping a spate of recent decisions from the Patent Trial and Appeal Board involving more than a dozen patents owned by the Singapore company.

The PTAB said a group of computer hardware companies, led by American Megatrends Inc., had persuasively shown all claims in one Kinglite patent were obvious. Numerous claims in a second patent were also found to be unpatentable.


Another site which favours software patents has just written a little rant about ۤ 101/Alice. To quote:

Refusing to consider only elements of patent claims that differed from the prior art in considering patent-eligibility under the test of Alice Corp. v. CLS Bank and 35 U.S.C. €§ 101, a court has denied a defendant’s motion to dismiss. Capstan AG Systems, Inc. v. Raven Indus., Inc., No. 16-cv-04132-DDC-KGS (D. Kans. Jan 11, 2017). The patents-in-suit, U.S. Patent Numbers 8,191,795 and 8,523,085, claim systems and methods for controlling valves of agricultural sprayers. For example, the claimed invention controlled flow rates to provide even spraying when a tractor was turning.


It seems rather apparent that the "golden age" of software patents in the US is over, but over in China the disease of these patents -- and trolls that accompany such patents -- is spreading. See this new article which deals with patents on graphical user interfaces (GUIs) and the latest from IAM, which suggests an expectation of increase in patent litigation:

Back in December, Supreme People’s Court vice president Tao Kaiyuan told media that top authorities were considering the introduction of a national IP appeals court for China. Details are sparse at the moment, but the nation’s top court is likely to be consulting with stakeholders now in order to come up with a more detailed proposal. Madame Tao is a heavy hitter in the Chinese IP policy world, and has been an advocate of both specialised courts and a greater IP role for the judiciary (versus administrative bodies). Her comments are a good indication of what shape the next round of IP reform in China will take.


It sometimes seems like not only jobs are moving to China but so do software patents (which nobody wants anyway) and patent trolls.

Recent Techrights' Posts

Expose Corrupt Insurance Companies, Don't Kill People
Murder gives them sympathy, makes the raiders seem like the victims
[Meme] Write Code, Not Social Control Media
don't forget to 'like'
Site in Support of Richard Stallman Reminds People of the FSF's and Stallman's Support of Women
new updates
In Memory of Mike Magee (1949-2024) and Our Best Wishes to The Register, Which He Founded in the 1990s
Months have passed since Magee died
'Remote' (From Home) Tech Workers Are More Productive for a Lot of Reasons
The Bezos-owned media should disclose its conflict of interest here
Microsoft Ends Support for Vista 10, So Relative Share of Vista 10 Goes Up, Vista 11 is Down
For 2 months in a row already
Microsoft's Latest 'Novel' Approach, Trying to Prevent People Moving Away From Microsoft and From Windows
ads say a lot about their business strategy
Microsoft-sponsored "The New Stack" Publishing Microsoft Windows Articles in "Linux" Clothing
Just sayin'...
 
Reforming Versus Rebooting Versus Destroying Institutions
At the moment we strive to expose the truth or shine light on pertinent facts
Microsoft's Windows is Pretty Much Dead in Haiti
Android has eaten Microsoft's lunch, Microsoft can't even eat crow
[Teaser] EPO Management Thinks Inflation in Europe is 0.2% Per Annum
Taming inflation by entirely ignoring it is like wrongly assuming that climate change (caused by human activity) can be overcome by not studying the effect of 8+ billion humans on this finite planet
Corporate Media Will Be Discarded and Eventually Die If It Keeps Doing "Bill Gates Sez" (or Similar) Pieces Instead of Journalism
"Superintelligence" does not even mean anything!
This Week We Focus Again on European Patent Office (EPO) Scandals
Nothing can stop us, not even a party or SLAPP
Links 09/12/2024: Health Care Anger and Power Vacuum in Syria
Links for the day
Links 09/12/2024: Burned, Uncertain Future, and Failure
Links for the day
Links 09/12/2024: UnitedHealthcare C.E.O.'s Killer Still Unknown, Syrian Regime Change Completed
Links for the day
Microsoft: Target the Young (Get 'Em While They're Young)
Then they say Free software advocates are "extremists" and "rude"...
As of December 8th (23 Days Remaining), the FSF (Free Software Foundation, Inc.) Already a Third of the Way Toward Ambitious Funding Goal
FSF's memberships (or donations) drive is going a lot better than we anticipated
Why Mike Magee Created and Was Involved in So Many News Sites About Technology
British legend
Tunisia is Android, Windows is Waning There
Windows was measured below 20% in Tunisia
[Meme] Jeff Bezos Working From Home
"B**** please, publish articles in Washington Post about how working from home sucks"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 08, 2024
IRC logs for Sunday, December 08, 2024
No Wonder Microsoft's LinkedIn and Github Have So Many Layoffs, Permanent Office Closures
Traffic down, losses, probably never going to profit
When Python is Basically Run by a 'Microsoft-Friendly' Mole Who Ousts People That Actually Contributed a Lot to Python for Many Years
Removing some of the best people
Syria: Microsoft Windows Down to 8% "Market Share" (It Was 99% Just 15 Years Ago)
it was even measured at less than 5% earlier this year
Links 08/12/2024: Boeing Leaks and Bluesky’s Business Model Dilemma
Links for the day
Gemini Links 08/12/2024: UK Winds and Ultraviolet Grasslands (UVG)
Links for the day
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024
Czech Republic: GNU/Linux Jumps Above 4%
data from the Czech Republic for 2024
IBM Engagement Surveys "Are Usually Useful for the Executives So They Know Which Things to Ignore"
This impacts Red Hat as well
Did Microsoft 'Write' (by Chatbots) This 'Article' About WINE?
The Web is drowning in garbage
Dictatorship Formalised: Python Software Foundation Violates Its Very Own Code Of Conduct (COC) or Code Of Censorship
Incoming Python Software Foundation Executive Director, Deb Nicholson, allegedly uses COCs to get ahead while violating COCs
[Meme] 'Self-Checkout' (and Banking 'Apps'): Passing All Accountability to the Customers
Stealing
Gemini Links 07/12/2024: Leasehold and NNTP
Links for the day
Fun Statistics About Techrights (Almost a Quarter Million Files)
Here are some raw numbers
PIP (Performance Improvement Plan) as an Instrumental But Largely Hidden (From the Public) Extra Layer of IBM's Workforce Reductions
The morale at IBM is really bad
Microsoft Money: From Bribing Bloggers to SLAPPing Bloggers
Microsoft money, different strategy?
Belgium: Windows Falls to Quarter of the Market, Mobile Devices Outsell or Overtake Desktops/Laptops on the Web
Microsoft has no operating system for 'smartphones'
Links 07/12/2024: CALEA Back Doors Backfiring, Fentanylware's (TikTok) U.S. Ban a Step Closer
Links for the day
statCounter: GNU/Linux Rises Sharply to All-Time High in Republic of South Korea
Notice how sharp the rise is!
It's FOSS? No, It's SPAM.
Another sellout
Another Massive Blow to the Web
This is awful news and it neatly relates to topics that we covered this morning
All the Latest Five Blog Posts at OSI's Blog Are Written by a Microsoft Operative Salaried by Microsoft
"Open Source" no longer means anything
Legacy of a Dying World Wide Web
Many people truly believe they're "stars" in social control media
Google Does Not Have a Search Engine Anymore
Google wants to "retain" users for more "screen time" and influence over their minds; it does not save you time, it's manipulating you
[Meme] Automattic: Host With Automattic, We'll Handle Our Own Complexity for You
The RHEL modus operandi (more so with systemd)
Finding Peace With Less
There seems to be a growing consensus (speaking to other editors helps confirm this) that the Web is going in a very bad direction
Links 07/12/2024: DEI Chopped by University of Michigan, French and South Korean Governments in Turmoil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 06, 2024
IRC logs for Friday, December 06, 2024