Bonum Certa Men Certa

Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

ViolinSummary: The latest stories and warnings about software patents in the United States

IN another defeat for software patents, Erise has just declared "big victory against patent troll" and to quote the only report we've found about it (so far): "Packet Intelligence owns U.S. Patent No. 6,651,099, which is named "Method and Apparatus for Monitoring Traffic on a Network." The company used this patent to prosecute patent applications against 275 issued patents..."



We have been hearing many stories like this recently. Patent trolls, equipped with software patents, quickly perish in courts. If not the first time, then the second time (higher court). Sometimes the patents get invalided before they even reach any court at all. The patent trolls' lobby, which includes Watchtroll, has just been moaning about software patents being rightly invalidated by PTAB. Here we have Watchtroll defending a troll. saying that the "Memphis, TN-based B.E. Technology, L.L.C., filed a suit alleging claims of patent infringement against Google in the Western District of Tennessee, asserting claims from two patents owned by the company."

Guess what happened. PTAB trashed it all. Good riddance, no matter who initiated the case and how wealthy the defendant is (Watchtroll obsesses over the wealth amassed by Google in order to create sympathy for the troll). The last paragraph has nothing to do with the story at all. That's just Watchtroll trying to influence a SCOTUS case and solicit lobbying. To quote: "All of this may soon change after the U.S. Supreme Court hears oral arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on November 27th. The case will decide whether the PTAB acts in violation of the U.S. Constitution by extinguishing private property rights in a non-Article III forum without a jury. Whether the Supreme Court decides that the PTAB acts in violation of the Constitution, many patent owners hope the Supreme Court will at a minimum acknowledge that the PTAB works consistently to the detriment of patent owners in favor of efficient infringers."

Anyone who has watched this long enough (the subject of this case and SCOTUS) can easily tell that Justices will defend PTAB, maybe even unanimously. But Watchtroll would cling onto anything at this stage. The patent microcosm has grown so feeble in recent years and Watchtroll just attacks judges and officials more often than it actually covers something exclusively. It's an embarrassment for a lobbying body.

In other news, yesterday we learned about a bankrupt company, Violin, stating: “We are filing for 45 patents."

So suddenly they have money? And what for? Trolling the NVMe market? One can imagine where this is going...

To quote the article:

“There are no precise dates we can give,” he said. “We are filing for 45 patents.

“We’ve got our own SSD technology and we will not abandon leadership in IOPS and latency.”


The word "technology" rather than gear or software is often suggestive of paperwork. We shall see what they do next, but it doesn't look too promising. Patents are expensive to pursue and they already ran out of cash; are patents really their priority?

Another item that caught our eye in yesterday's news is this report about a financial surveillance firm known as Square. It seems to have not much left to it momentum-wise, so now it's hoarding software patents:

Since the payments company was founded in 2009, Square has filed 712 patent applications and obtained 221 patents. But between July 2016 and June 2017 alone, the company filed 144 patent applications and obtained 80 of those patents.


"We believe that a good IP program is targeted at fostering innovation all around and not at stifling creativity or competition," they said. That's just marketing talk. People don't end up spending millions of dollars on patents for "fostering innovation all around," they either use these patents or sell them. So will Square sue bigger firms that have a much larger share in this market (e.g. Apple, Samsung, Google)? That remains to be seen...

Speaking of finance, Kilpatrick Townsend & Stockton LLP's Michelle Tyde and Jason D. Gardner have just published this article titled "Becoming a Unicorn Fintech by Shoring Up Intellectual Property"

Aside from the fact that they are saying "Intellectual Property" and promoting -- by mention -- evil Black Duck, the positive thing is that they break it down to meaningful items: "IP assets, such as patents, technical know-how (including software and other technology), trade secrets, copyrights, licenses, trademarks, and data, are assessed by sophisticated purchasers and investors..."

Those are very different things. Lumping it all together under "IP" is undesirable as that leads to misjudgment. Here is the part about Free/Open Source software:

Many software engineers and developers use open source software or incorporate such software into their work in developing products or technology. But the use or incorporation of such open source software by a fintech company can lead to ownership, licensing, and compliance issues for a buyer. In particular, some open source licenses require any user modifying and distributing the open source software to make its source code generally available to other users and to license its software to third parties under the same terms as the open source license. Buyers usually want representation and warranty that no open source or similar software has been incorporated into any of their software or products as they want to be able to exclusively use the fintech company’s technology. Thus, open source issues could become a deal killer.


When has that actually happened? When did alleged violation of the GPL, for example, undermine a company's takeover/VC? This is more FUD than anything...

Either way, to their credit, they do not promote the illusion that software patents are worth pursuing. Because they aren't.

Recent Techrights' Posts

In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
 
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025