Bonum Certa Men Certa

Fake European Patents (on Algorithms) Leading to Fake Embargoes

35 U.S.C. ۤ 101 would void corresponding USPTO patents

A dreamworld corporate



Summary: Law firms have gotten their way in Germany; instead of supporting the productive workers the patent system is nowadays promoting the litigation 'industry' and it ought to be corrected

CITING Sueddeutsche Zeitung (SZ), which used to cover European Patent Office (EPO) scandals, my online friend said that "BlackBerry wins German patent injunctions against Facebook, WhatsApp, Instagram over four (most likely invalid!) software patents" (he pinged Facebook and pinged "Ip2Innovate" about it).



"The Munich I Regional Court ordered a #patent injunction against #Facebook, #WhatsApp, #Instagram," he said in another tweet. "It’s feature-specific but still, those are simply #softwarepatents that shouldn’t even be allowed in Europe. Germany needs patent reform badly! #BlackBerry is a troll."

"It doesn't matter if the software we developed is proprietary or Free software. It doesn't even matter if we develop software or merely use it."We've said that for years and we hope he will help us (Techrights, FFII etc.) fight back against fake software patents in Europe -- an urgent and growing problem!

"I am stunned that the court didn't stay all five cases over serious doubts concerning the validity of those patents," he wrote. "When I looked at the claims of the patents-in-suit earlier this year, I quickly concluded that they'd all be highly likely to be annulled..."

This is a pretty decent article about a serious problem. It's a good article about fake European Patents on software. If the Office grants invalid patents (IPs) that are abstract and incompatible with the EPC, we all suffer as a result. It doesn't matter if the software we developed is proprietary or Free software. It doesn't even matter if we develop software or merely use it.

"..they want lenient courts that accept -- i.e. presume to be valid in a great rush -- invalid patents and then grant injunctions for quick settlements (embargoes/sanctions can be ruinous enough to lead to it, irrespective of justice/truth)."Citing 5 European Patents, he names the following accused functionalities: showing two chat histories in parallel, automatically identifying user profiles containing partly identical data, sharing messages from the chat history, displaying chat history while text is being edited, chatting during gameplay.

There are actually European Patents on those things! Not only are these abstract; they are also trivial and there's likely ample prior art.

From his post:

Sueddeutsche Zeitung (SZ), a Munich-based newspaper, reported yesterday evening on a set of Germany-wide patent injunctions that BlackBerry--once a smartphone maker, now basically a patent troll--just obtained against Facebook and its WhatsApp and Instagram subsidiaries over a total of four different patents covering chat features.

The injunction is provisionally enforceable. If BlackBerry posts a bond or makes a deposit, it can enforce the injunctions at this stage, though Facebook can appeal to the Munich Higher Regional Court and is, in parallel, challenging the validity of those patents before the Federal Patent Court of Germany. But Facebook has already told the media that the affected services--Facebook Messenger, WhatsApp, Instagram--wouldn't go out of service in Germany: workarounds have been prepared, so the related features would have to be removed.

BlackBerry sued Facebook (with a focus on Facebook Messenger rather than the social media stream) and those two subsidiaries over five different patents, which I listed earlier this year and will list again further below.

[...]

I am stunned that the court didn't stay all five cases over serious doubts concerning the validity of those patents. When I looked at the claims of the patents-in-suit earlier this year, I quickly concluded that they'd all be highly likely to be annulled by the Federal Patent Court of Germany (which also happens to be based in Munich, which is sort of the Capital of the Patent Movement, at least for Europe). That's partly because software as such isn't patent-eligible in Europe. While the courts rarely ever invalidate a patent as a whole on that basis, they do exclude any non-technical features from their novelty and non-obviousness analysis--and it's hard to see how anything novel or inventive could be found in those patent claims that isn't just software stuff without a technical effect. I already operated a chat service (as part of an online gaming network) in the 1990s and wrote an IRC client in 2000, so I know a lot of the prior art from hands-on experience.

What I have been able to find out is that BlackBerry, represented by Quinn Emanuel (a great firm that has not so great clients at times), had to narrow multiple patent claims-in-suit during the infringement proceedings just to address the court's concerns over non-novelty. There are two problem with German patent infringement courts in the context to grant or deny a stay pending a nullity action. First, they apply an unreasonably high standard (and the "guru" from the Dusseldorf appeals court who has been promoting that high standard for many years more aggressively and fanatically than anyone else recently made dozens of employees of a small company lose their jobs--with Quinn Emanuel again on the enforcing side--over a patent subsequently held invalid). Second--though in many cases that's even more important than the standard--they take only non-novelty (anticipation) arguments seriously and largely refuse to consider obviousness contentions (lack of inventive step) for no good reason (if they can rule on infringement without appointing expert witnesses, they certainly could also assess the existence of absence of an inventive step, but they just don't want to).


Patent zealots from Mannheim, Düsseldorf and Munich (where António Campinos succeeded Battistelli) want us to think that everything is OK and even thriving. For the litigation 'industry'? Sure. They don't seem to care too much about the validity of granted patents; moreover, they want lenient courts that accept -- i.e. presume to be valid in a great rush -- invalid patents and then grant injunctions for quick settlements (embargoes/sanctions can be ruinous enough to lead to it, irrespective of justice/truth).

Recent Techrights' Posts

Rumour: After FSF Abandons Office in Boston LibrePlanet Will Also Leave Boston
In the past, Libreplanet (or LibrePlanet) was 'branched' out of MIT to "lesser" universities in the same city
linuxsecurity.com is 100% Slopfarm, Nonstop Fake 'Articles' About Security and "Linux"
More than one fake 'author' participates in this, so it deserves condemnation
Social Control Media as a Rapid Race to the Bottom - Part III - Foreign Interference and Chaff/Flare
Why would you trust alleged 'communication' (platforms) controlled by the same people who cut your undersea cables?
[Video] Richard Stallman Explains What Intelligence in Computing Really Means and How Old That Is (Story About 1975, 50 Years Ago)
Uploaded 11 hours ago by Manuel Cuda News
 
Microsoft Laid Off Several Thousands of Workers (Not Counting Those Driven Out) in 3+ Waves of Layoffs in 2 Months in 2025
About a thousand workers laid off per month
Microsoft Reduced to Almost Nothing in the Congos
Even worse for Microsoft in DRC (Democratic Republic Of The Congo)
Why We No Longer Hear About "Red Hat Layoffs"
Sometimes they don't call them "layoffs" are all; it's just PIPs, RTO, and "relocation" offers. They try to compel people to resign/retire
Reputation is Not a Human Right, It's Something One Earns
One can also lose one's reputation for harming women
FreeBSD Foundation is Trying to Improve "Laptop Support", But It Has Outsourced Everything to Microsoft Proprietary Software
Despite many valid alternatives existing and fast maturing
Links 06/03/2025: Discord Wants the Public to Pay for Losses, MongoDB Shares Collapse
Links for the day
Gemini Links 06/03/2025: Remaking Sites, Gemini Capsule Turns 5
Links for the day
Links 06/03/2025: Trade Wars, Trademarks, Attacks on (and by) the Media, Digg to Relaunch
Links for the day
The Fall of the Open Source Initiative (OSI): The Problems Are Much Bigger Than the Rigged Elections
It's not only about elections
Dr. Andy Farnell on Brutality and (or of) Brute-Force Computing
"Understandably, the ecological cost of compute was never really on the minds of pure computer scientists"
IBM Absorbs More of Red Hat and There Are Several Layoff Rumours
Those are just rumours for now
Gemini Links 06/03/2025: Digg, Project Failure, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 05, 2025
IRC logs for Wednesday, March 05, 2025
Links 05/03/2025: Prioritising Science, Patents Squashed
Links for the day
Gemini Links 05/03/2025: News Processing, Misbehaving, and Git
Links for the day
GNU/Linux Cracking Past the 4% Barrier in Hungary
There are still quite a few very famous developers and Free software projects from Hungary
Meanwhile in the Matrix Room #dei:fedoraproject.org
Remember that IBM does a lot of perception manipulation
Rumour About Red Hat Layoffs Yesterday
Can somebody from Red Hat or someone who knows someone there (impacted or not) confirm that there are layoffs this week at Red Hat?
New Short Clip of Richard Stallman's Thoughts on the "Hey Hi" (AI) Hype, Courtesy of Manuel Cuda News
about 6 hrs ago
What is fixated behavior? Stalker or just a fan of Emma Raducanu?
Reprinted with permission from Daniel Pocock
In Iran, GNU/Linux Reaches New Highs, According to statCounter
Does that make sense? In light of geopolitics? Probably.
Always Safety First
We have some reasons to suspect that one of several parties (possibly not in the UK but having connections here), having suffered major and very expensive setbacks, may look to harm the messenger one way or another
Links 05/03/2025: Starbucks Debt Soars and CFO Changed, Apple Pretends to Value Privacy, "Cloudflare Blocking Privacy Focused Users From Accessing Third-Party Websites"
Links for the day
Canonical's Latest Love Letter to Microsoft (Ubuntu Promoting Proprietary Spyware With Back Doors)
Typical Canonical, promoting Microsoft (and sometimes Windows) instead of competing against them
What Microsoft and GitHub Really, Really, REALLY Do Not Want You to See or Know About
They're trying to misuse law in a completely different continent or to allege that reporting important facts is in breach of privacy law
Slopwatch: linuxsecurity.com and Other 'Linux' Sites With LLM Slop
SEO spam with machine-generated fodder, plus a person to whom English isn't a first language
GNU/Linux Climbs to Record Levels in Switzerland. Can the EU, Norway, the UK, and Switzerland Divorce GAFAM?
Germany openly speaks about becoming independent from the US. How about Switzerland?
Gemini Links 05/03/2025: Living in Interesting Times, Font, and Social Control Media with Gos v1.0.0
Links for the day
Just Because Common Currencies (Including the US Dollar) Are Considered Uncertain Doesn't Mean People Should Adopt Volatile Multi-Level (Pyramid) Schemes
the scammers are trying to "go mainstream"
Use RSS Readers Instead of Social Control Media
RSS readers were designed to save time. Social Control Media was designed to waste time.
The 'Windows Era' Already Came to an End
Microsoft said to shareholders everything would be alright because of "clown computing" and then "hey hi"
The Fall of the Open Source Initiative (OSI): Microsoft Committing the Largest GPL Violation in Human History, Then OSI Covering That Up on Microsoft's Payroll
LLMs don't make GPL violations any more noble or acceptable; it's not hard to see what OSI was paid by Microsoft for
Social Control Media as a Rapid Race to the Bottom - Part II - Think Before You Talk
The 'socmed' nonsense does not exist in our home
Links 04/03/2025: Hardware, Health, Data Breaches, Politics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 04, 2025
IRC logs for Tuesday, March 04, 2025
Luxembourg: GNU/Linux at 8% Based on Estimates
steady increases this year
Gemini Links 04/03/2025: Bicycle, Photos, and Motorola 6809 Assemblers
Links for the day
Crossbow tragedy, bigger than Kyle Clifford, social media culture
Reprinted with permission from Daniel Pocock
Microsoft OSI Apparently Still Reading Techrights Closely, Trying to Make Face-Saving PR Moves
They have long had this reactionary rhythm, wherein it feels like we can 'control' what they publish and when by merely highlighting facts about them
Links 04/03/2025: Microsoft/Korea Game Industry Association Workforce Cuts, Outlook and 365 Outage Affects Very Many
Links for the day
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock