Turning something beautiful into something ugly

Summary: A look at the ongoing activity at the USPTO, which is still granting some abstract patents, and some of the resultant shakedowns and lawsuits

THE GROWING uncertainty over US patents that are abstract isn't enough to deter large actors that either pursue patents or are suing. It's like "slush funds" to them.

Even after SCOTUS' Alice ruling (more than 4 years ago) software patents continue to be issued by the USPTO. This roundup of newly-issued patents (published last night for New Hampshire alone) reveals quite a few such patents, including this from Oracle:

Oracle International Assigned Patent for Assigning Applications to Virtual Machines

Oracle International, Redwood Shores, California, has been assigned a patent (No. 10,007,538, initially filed July 15, 2016) developed by four co-inventors for “assigning applications to virtual machines using constraint programming.” The co-inventors are Serdar Kadioglu, Somerville, Massachusetts, Michael Colena, Hollis, New Hampshire, Samir Sebbah, Medford, Massachusetts, and Mirza Mohsin Beg, Foster City, California.

Software patent.

Watchtroll with its anti-Google agenda has just brought up Oracle America v Google. Remember that Oracle is trying to amass billions of dollars using patent and copyright litigation. Oracle became a patent aggressor because its market power is slipping away.

We found another interesting thing last night. Canadian patent troll WiLAN, citing one of its subsidiaries in this new press release, says it enters into an extortion settlement with Etron. To quote: "Wi-LAN Inc. ("WiLAN"), a Quarterhill Inc. ("Quarterhill") company (TSX: QTRH) (NASDAQ: QTRH), today announced that its wholly-owned subsidiary, Polaris Innovations Limited ("Polaris"), has granted a license for certain patents owned by Polaris to Etron Technology Inc. and Etron Technology America, Inc. (collectively "Etron"). The licensed patents relate to DRAM integrated circuit and memory devices."

"Patent quality may have improved, but it does not mean that things are all rosy. Many patents never get tested by a court and are nonetheless used for extortion purposes."Not to be mistaken for Polaris Industries Inc., which days ago Docket Navigator covered by saying that "a district judge overruled defendants' [Arctic Cat's] objection to the magistrate judge's order denying defendants' motion to compel the production of documents regarding plaintiff's financial relationship with its subsidiary." (Polaris Industries Inc. v Arctic Cat, Inc. et al)

Oracle has nearly killed Solaris (it just wanted Sun for its patents and copyrights) and Polaris (both of them) now give a really bad name to the word. Patent quality may have improved, but it does not mean that things are all rosy. Many patents never get tested by a court and are nonetheless used for extortion purposes. ⬆