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

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role