Bonum Certa Men Certa

US Patent Office and Patent Courts Taking a Stand Against Submarine Patents or Patent Ambushes

Should tackle evergreening similarly

Gil Hyatt
Reference: Inventor battling U.S. over patents from '70s



Summary: When patent trolls armed by Microsoft (in order to attack Microsoft's rivals) find out that submarine patents are no longer worth the paper they're printed on and even examiners refuse to grant such patents

A PATENT which practically or at least metaphorically acts as a form of “submarine" (a form of an ambush) was mentioned a lot about a decade ago [1, 2] in relation to a high-profile case of Rambus. Rambus Incorporated was founded 28 years ago and it is considered a "licensing company," i.e. firm that only/mostly deals with patents. We mentioned submarine patents again last year in relation to OIN. It is a crude form of entrapment and courts can hear arguments to that effect; sometimes examiners too take such considerations into account when assessing whether or not to award a patent.



"It is a crude form of entrapment and courts can hear arguments to that effect; sometimes examiners too take such considerations into account when assessing whether or not to award a patent."A couple of days ago Venture Beat, which focuses on technology, did an interview (i.e. puff piece) with Gil Hyatt, "a man who created a “submarine patent” by continually following up his patent application with new details." Why the scare quotes there? A submarine patent is what it really is. Here's the introduction:

Gil Hyatt’s patience has been tested. After a 22-year delay, the inventor received a patent in 1990 for what he called the first microprocessor, or a computer on a chip. After cutting a deal with Philips Electronics, he began collecting royalties on a lot of electronics products that used the fundamental technology.

In Silicon Valley and elsewhere, Hyatt was viewed as a carpetbagger, a man who created a “submarine patent” by continually following up his patent application with new details. He claims he was a diligent individual inventor who protected his rights. But after the controversial patent award, and after getting 75 patents, the patent office never approved one of his applications again.

More than 40 years later, Hyatt said his important applications are still in limbo. (The typical wait time is 18 months.) He has made at least $150 million from the Philips deal, but he said he is fighting for “justice.” The case took a twist in 2014, when news emerged that the U.S. Patent and Trademark Office had a special way of flagging potentially controversial patents.


Congratulations to whoever at the USPTO did that. The man became a multi-millionaire out of “submarine patents”, just as some other people became multi-millionaires out of patent trolling, i.e. blackmail. They basically take the money of many other people, including some small businesses. The summary of this article in Slashdot says, "80-Year-Old Inventor Gil Hyatt Says Patent Office is Waiting For Him To Die" (as if it's him who is the victim deserving of sympathy!). Thankfully there are many comments there, over 100 of them.

Speaking of trolls and submarine patents, Core Wireless Licensing S.A.R.L. is part of Conversant (formerly known as MOSAID, a Microsoft-connected troll), and it has just found out that its submarine patent cannot be enforced (by virtue of it being part of an ambush). We wrote about it last month and Watchtroll caught up with it quite late (13 days after the decision). It wrote this:

The United States Court of Appeals for the Federal Circuit recently issued a ruling on discussing the equitable doctrine of implied waiver; a decision that will be particularly important for those participating in the standard setting process and engaging with standard setting organizations, or SSOs as they are sometimes called. According to the Federal Circuit, failure to disclose patents and applications relevant to a standard may render a patent unenforceable based on an implied waiver. See Core Wireless Licensing S.A.R.L. v. Apple Inc., No. 17-2102, 2018 (Fed Cir. Aug. 16, 2018) (Before Reyna, Bryson, and Hughes, Circuit Judges) (Opinion for the court, Bryson, Circuit Judge).

This case began when Core Wireless Licensing S.a.r.l. (“Core Wireless”) sued Apple Inc. (“Apple”) for infringing U.S. Patent No.s 6,477,151 and 6,633,536, both of which were directed to an improvement in the way mobile devices communicate with base stations in a digital network. Apple, in turn, argued that the ‘151 patent was unenforceable because Nokia – the original assignee of the ‘151 patent – breached a duty of disclosure it owed to the European Standards Organization (“ETSI”) during ETSI’s development of technical standards addressing propagation delays in GPRS networks. Specifically, Apple argued that Nokia’s failure to disclose a Finnish patent application, to which the ‘151 patent claimed priority, while advancing a proposal to revise the ETSI GPRS standard rendered the ’151 patent unenforceable. While Nokia’s proposal was ultimately rejected and replaced by a competing proposal, Nokia did not disclose its Finnish patent application to ETSI until four years later.


What we have here is a bunch of patents passed at Microsoft's own directions (it explicitly instructed this) to a troll which then attacked Apple and Android/Linux. It's one among many nasty things Microsoft did inside Nokia.

Recent Techrights' Posts

It's FOSS? No, It's SPAM.
Another sellout
Techrights is Officially an Adult
this site's eighteenth anniversary
Technology: rights or responsibilities? - Part IX
By Dr. Andy Farnell
 
Links 05/12/2024: Mass Layoffs at Microsoft's PR (Bribery of Media) Agency, UnitedHealthcare CEO Shot Dead
Links for the day
GNU/Linux news for the past day
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 04, 2024
IRC logs for Wednesday, December 04, 2024
Links 05/12/2024: Formaldehyde and Cancer, US and China Boycotting One Another
Links for the day
Gemini Links 05/12/2024: Hermeticism, Living in the Shell, and More
Links for the day
At the OSI, Microsoft Operative (Funded by Microsoft) Promotes Proprietary Software of Microsoft
The OSI is deeply corrupt. The good news is, it's barely hiding it anymore.
Links 04/12/2024: Social Control Media Thoughts, Enrons of 2024, and More
Links for the day
Gemini Links 04/12/2024: Soviet Esotericism, Mikrotik is Awesome, and More
Links for the day
Many Geeks' Achilles Heel: They Don't Take Computer Breaks
Life can get longer if you stay healthy
[Meme] Silicon Valley's "Successful Businessmen"
Debt is not a currency
Visualising About 0.7 Trillion Dollars of Debt in Supposedly "Successful" Tech Companies
If they're doing so well, how come they borrow so much money (which some would struggle to pay back or never manage to pay back)?
Single-Digit Microsoft: Windows Finally Falls Below 10% in Angola
it's only a matter of time before Windows is down to 5%
Coming Up With Topics to Cover and Issues to Comment on
Socialising is a big part of it
In Asia, Microsoft's Bing Became Smaller Than Yandex and It Shrinks Every Month
How long before Microsoft pulls the plug on Bing?
[Meme] Far From What Was Originally Intended
Makes site about RMS; Deletes his own 'site'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 03, 2024
IRC logs for Tuesday, December 03, 2024
Illuminating Microsoft's Dirty Tactics
Criticising illegal things that Microsoft does can be classified as "Microsoft bashing" or "hatred"
Proof That Drew DeVault Vanished From Mastodon After the RMS Attack Site Was Linked to Him (and People Pointed Out DeVault's Fascination With Animated CP, Drawings of Naked Kids)
We assume he just wanted to vanish from Mastodon
Maybe Bill Gates is Getting Demented Like His Late Father (He Says Things That Are True But He's Not Supposed to Say in Public)
It happened in a podcast with Reid Hoffman
We've Clearly Struck a Nerve
Microsofters and Microsoft proxies have meanwhile lost their temper
The Userbase of GNU/Linux is Growing, Investments in the FSF Grow Too (in Spite of Microsofters Inciting and Slandering It)
The FSF's expenses are close to 2 million dollars a year
Links 03/12/2024: Pat Gelsinger's Firing Spun as 'Retirement', US Exports Land Mines
Links for the day
Links 03/12/2024: GrapheneOS, Raspberry Pi 4, and More
Links for the day
Links 03/12/2024: Googlebombing "Windows 12", Games Preservation, and Public Domain Game Jam
Links for the day
Steven J. Vaughan-Nichols (SJVN) 'Works' for Linux Foundation (LF) on SPAM Campaigns, Just Like Spamnil's TFiR (Swapnil Bhartiya)
How can he publish something like this under his name?
Microsoft's Debt Ratio is Awful
It owes almost 150% of what it can give
Microsoft Has Already Laid Off Tens of Thousands of Workers, "Headcount" is Misleading Spin From Microsoft-Funded Sites
Expect Microsoft to suck up to Trump, looking for more bailouts (those typically manifest themselves in the form of "defence" contracts)
South America: GNU/Linux Grew to 8.15% Venezuela, Steadily Over 3% Overall
holding steady above 3%
Clownflare (Cloudflare) Debt Grows, Losses Continue
debt of nearly $400,000 per employee
Gemini Links 03/12/2024: December Adventure and Social Justice Gone Wild
Links for the day
Microsoft Windows Falls to 12.5% in Cuba, Android Soaring
Windows isn't even doing too well on desktops/laptops
[Meme] GAGAM: Google, Apple, Gulag, Amazon, Microsoft, and the Rest
The Web has never been more dangerous and hostile
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
The L Word (Not Linux)
Championing Software Freedom is "dangerous"
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)