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

IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025