Bonum Certa Men Certa

Can Alice/35 U.S.C. ۤ 101 Stop Microsoft-Connected Patent Trolls in the US?

US map



Summary: The latest lawsuits and inter partes reviews (IPRs) which deal with Microsoft-connected trolls and other potentially-suspicious activities

HAVING spent the past 12 years tracking Microsoft's patent assaults on GNU/Linux, we're pretty familiar with the satellite entities and the history is well documented. The records at the USPTO sometimes show which hands the patents get passed to (various different shell entities, connected to bigger trolls and corporations like Microsoft).

Microsoft still attacks GNU/Linux using software patents and as mentioned here before (earlier this month), Microsoft entryism or hijack of Yahoo turned Yahoo patents into the same thing it turned Nokia's patent portfolio into. These patents are now being passed to trolls, according to RPX and recent docket filings. Even IAM's Richard Lloyd wrote about it the other day:

Twitter found itself on the wrong end of an infringement lawsuit late last month when an entity called Digi Portal accused the social media company of infringing on one of its patents. According to a recent RPX newsletter, Digi Portal is an apparent affiliate of the NPE IP Edge, which, as the most prolific plaintiff in the US over the last two years, has plenty of experience litigating against some of the largest and highest profile companies around. What’s most interesting about the patent-in-suit, though, is that it was previously owned by Excalibur, the corporate vehicle set up to monetise...


Will the underlying patents be challenged by the Patent Trial and Appeal Board (PTAB) and maybe the Federal Circuit (later on)? Do note that IP Edge is involved. We wrote about IP Edge several times earlier this year, e.g. [1, 2, 3, 4]. Had Microsoft not destroyed Yahoo, these patents wouldn't end up in the hands of these trolls.

There's meanwhile other activity of interest. A notorious patent troll, Uniloc, has just been squashed owing to Alice/35 U.S.C. ۤ 101. As Docket Navigator put it:

The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s wireless remote control patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "The court concludes that because the asserted claims are directed towards the result -- and therefore, abstract idea -- of wirelessly controlling remote devices, they are patent-ineligible. The specification refers to '⁠[a] method for controlling a remote device[] over a wireless connection.' 'underscor[ing] that [the asserted claims are] directed to an abstract concept.' More importantly, the asserted claims provide only for generic processes and components to achieve that result. . . . And although the Patent purports to solve a number of problems with remotely controlling devices, it does not solve those problems through an improvement in any specific technology."


The Uniloc-Microsoft history is well documented because it went on for many years. At the end, Uniloc received a lot of money from Microsoft.

The Microsoft-connected patent troll Acacia has also just been defeated (in PTAB), as recently as 6 days ago. To quote Unified Patents:

On June 19, 2018, The United States Court of Appeals for the Federal Circuit summarily affirmed the Patent Trial and Appeal Board's ruling in Unified Patents Inc. v. American Vehicular Sciences, LLC IPR2016-00364 that all challenged claims of US Patent 9,043,093, are unpatentable, effectively ending the assertion of those claims against multiple parties.

Owned and asserted by American Vehicular Sciences, LLC, a subsidiary of Acacia Research Corporation, the '093 patent related to a single side curtain airbag for vehicles and has been asserted in multiple district courts against automotive manufacturers and equipment suppliers including Honda, Nissan, Toyota and Hyundai. The infringement case is currently stayed in the Eastern District of Michigan.


Acacia operates though many entities/proxies. Notice how often they targeted GNU/Linux firms like Red Hat. Acacia's connections to Microsoft were covered in dozens of past articles.

Recent Techrights' Posts

Incompetent Patent Office (EPO) Trying to Blame Examiners (Whom It Orders to Illegally Grant European Patents)
full communication, accompanied by flowcharts
Microsoft: Break Competition Laws (Endless Antitrust Violations), Lie to Regulators, Then Send Secret Bribes
who's gonna hold them accountable for the lying?
Links 14/10/2024: One Year Since Activision Blizzard Demolition 'Officially' Began and Amazon Corporate Layoffs Accelerate
Links for the day
[Meme] No Choice, No Reuse, No Effect
Let people throw away tens of billions of batteries each year and charge them too much for this 'convenience'?
 
IBM Driving Workers Crazy (Maybe It Wants Them to Just Resign, No Severance)
"This whole concept of silent layoffs that are expected to last through the end of November is driving me crazy."
Links 15/10/2024: GAFAM Returning the Menace of Nuclear Reactors, More Press Crises Reports
Links for the day
linuxbsdos.com (Linux BSD OS) Has Gone Astray, It's All About Windows, Not GNU/Linux or BSD OS
The transition could be seen a week or two ago. It gets worse every day.
[Meme] Nepotism Breeds Incompetence
When a corrupt cabal takes over what was supposed to be an institution concerned with science
Links 15/10/2024: Fentanylware (TikTok) Under Fire, Espionage Wars Reported
Links for the day
Gemini Links 15/10/2024: Magic of Radio and Misfin-Server 0.5.9
Links for the day
Markets Without Fair Competition and Effective Regulation
There are many examples where a lack of true choice encourages cartels
IBM Bribery Scandal in China
IBM has a long history of bribery and other crimes
XBox Turmoil Continues, Head of XBox Game Studios Resigns After Less Than One Year
There are many signs that XBox is dying - something that many sites have predicted for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 14, 2024
IRC logs for Monday, October 14, 2024
Disputing the Achievements of IBM's CEO, Who Already Terminated Many Jobs at Red Hat (Which He Had Allegedly Suggested Buying)
Buying a company to gut it within about a year?
Gemini Links 14/10/2024: Dabbling in GemText, Unit Testing
Links for the day
Links 14/10/2024: Keeping Multiple Blogs, Wrestling With Misinformation
Links for the day
[Meme] Class of Microsoft
"Everything started with Microsoft DOS!"
History Education and Rejecting Creation Myths
The creator of Linux isn't the creator of GNU/Linux
Microsoft's GitHub is Losing Traffic, Based on an Extensive Web Survey, and Its Future is Uncertain
Remember that Microsoft keeps close to its chest the operations and finances of GitHub (because it's embarrassing!)
How to Follow Our Updates About EPO (or Everything Else for That Matter)
follow us via RSS feeds
EPO Administration: Wait Several Months or Until Next Year for Clarifications
"After the intranet announcements of 18 September and 27 September and recent emails from CIGNA concerning opting into the VECOZO network, colleagues have been contacting us with queries and requests for guidance."
[Meme] Shoestring Budget With Record Profits (Because Hundreds of Thousands of Fake European Patents Get Granted)
Record profits? EPO staff does not benefit!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 13, 2024
IRC logs for Sunday, October 13, 2024
Unrest at the European Patent Office as School Costs Eat Away the Income
"Letter to the administration on the Education Allowance - DISDH - German School"
Gemini Links 13/10/2024: ArcMenu, Emacs decide-mode, Midnight Pub Mass-Deletion Option
Links for the day
Links 13/10/2024: Science, Politics, and Some Gemini
Links for the day
Links 13/10/2024: Writing, Remembering John Wheeler, Voice Cloning
Links for the day
Certificate Authority Let's Encrypt Falls to 0.7% in Geminispace (It Was Around 12% Just 2 Years Ago and 7.5% This Past February)
Let's Encrypt is down again
Gemini Links 13/10/2024: Self-hosting Snac2 and Invasion of e-ink
Links for the day
SDxCentral, which the Linux Foundation Paid to Produce Marketing SPAM, Has Now Become Slop (LLM Spew) Disguised as 'Articles'
Google should delist it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 12, 2024
IRC logs for Saturday, October 12, 2024