06.17.09

Gemini version available ♊︎

Patents Roundup: Where Microsoft Stands

Posted in Courtroom, Law, Microsoft, Patents at 12:15 pm by Dr. Roy Schestowitz

Driving licence

Summary: Microsoft’s future to revolve around licensing and litigation based on the latest observations

THIS is a quick report on the lesser-explored side of Microsoft — the one which FOSS-oriented Web sites tend to neglect or ignore, which is not a smart thing to do.

Microsoft on the Defence

Today’s report starts with this regret from Microsoft over the decision that costs them hundreds of millions (for a single lawsuit).

TO Microsoft, a $US368 million jury loss in California over its Outlook software provides an opportunity to argue in a federal appeals court that there should be greater limits on patent trial damage awards.

Microsoft is still hoping to reverse this decision.

Microsoft Corp. argued before an appeals court yesterday that its Outlook calendar date-picker tool did not infringe an Alcatel-Lucent patent and asked for a US$358-million jury verdict to be overturned.

Well, meanwhile, Microsoft got sued again. The nature of the infringement? Dynamic Web page generation.

A case started in a Texas district court at the end of May 2009, with Microsoft being sued for allegedly breaching two patents.

Here is more:

Parallel Networks filed suit late last week in the U.S. District Court for the Eastern District of Texas over two patents, United States Patent Nos. 5,894,554 and 6,415,335 B1. The company was granted the patents in 1999 and 2002, respectively, according to the court filing.

Being situated in the Eastern District of Texas is quite indicative of patent trolling. Here is another new case against Microsoft in the Eastern District of Texas. From the press release:

VirnetX Holding Corporation (NYSE Amex: VHC), a secure real-time communications and collaboration technology company, today announced that it has hired the law firm of McKool Smith to lead its ongoing litigation efforts in its patent infringement suit against Microsoft Corporation.

The suit against Microsoft was filed in the United States District Court for the Eastern District of Texas, Tyler Division on February 15, 2007. In the suit VirnetX claims Microsoft infringes on three of its patents and seeks both damages and injunctive relief. In June 2008, Microsoft’s Motion to Dismiss was denied while VirnetX’s subsequent motion to amend infringement contentions was granted. On February 17, 2009, a “Markman” hearing on claim construction was conducted and the Company is currently awaiting the Court’s order.

Microsoft on the Offense

Slashdot’s theodp is catching a lot of bad patents. He has just caught “Microsoft Trying to Patent Parallel Processing.”

theodp writes “Microsoft may have been a Johnny-come-lately when it comes to parallel programming, but that’s not stopping the software giant from trying to patent it. This week, the USPTO revealed that Microsoft has three additional parallel-processing patents pending — 1. Partitioning and Repartitioning for Data Parallel Operations, 2. Data Parallel Searching, and 3. Data Parallel Production and Consumption. Informing the USPTO that ‘Software programs have been written to run sequentially since the beginning days of software development,’ Microsoft adds there’s been a ‘[recent] shift away from sequential execution toward parallel execution.’ Before they grant the patents, let’s hope the USPTO gets a second opinion on the novelty of Microsoft’s parallel-processing patent claims.”

Glyn Moody seems rather appalled by this Microsoft patent:

Architecture for providing feedback to a viewer and/or contributor on fashion and other personal appearance decisions that the contributor desires. The contributor uploads self images for viewing and rating (or voting) by viewers who choose provide an opinion on different fashion and/or cosmetic looks of the contributor. The contributor takes images show the contributor presented with a number (e.g., two) of different fashion choices. The snapshots can then be processed for upload to a website or other accessible location by one or more viewers. The viewers can cast a vote for one of the images by selecting the desired image, in response to which the viewer and/or contributor will be presented with overall statistics for that set of images as to how other viewers voted, as well as a next set of photos depicting the user in a different fashion and/or cosmetic choice. This process can continue until terminated.

Microsoft bloggers are still questioning Microsoft’s prospects as a patent licensing company. The latest example:

Could Microsoft’s ability to produce intellectual property be the company’s future salvation? A few weeks ago I complained that Microsoft wasn’t innovating. Yet the book Burning the Ships talks of Microsoft’s burgeoning intellectual property treasure chest. How can both be true?

Some days ago we wrote about Microsoft's "IP Ventures". Here is the press release and more coverage of this:

Microsoft’s future seems to be very much hinged and reliant on intellectual monopolies that already cause unrest. Microsoft thinks of a business transition, but alas, this is unlikely to prove successful.

“Dear Commissioner: Along with many other computer scientists, I would like to ask you to reconsider the current policy of giving patents for computational processes.

“There are far better ways to protect the intellectual property rights of software developers than to take away their right to use fundamental building blocks.

“I find a considerable anxiety throughout the community of practicing computer scientists that decisions by the patent courts and the Patent and Trademark Office are making life much more difficult for programmers. ”

Donald Knuth

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 07/02/2023: Fedora 39 Development Plans Outlines

    Links for the day



  2. IRC Proceedings: Monday, February 06, 2023

    IRC logs for Monday, February 06, 2023



  3. Links 06/02/2023: Escuelas Linux 8.0 and Many Political Issues

    Links for the day



  4. Links 06/02/2023: Sparky 6.6 and IPFire 2.27 – Core Update 173

    Links for the day



  5. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  6. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  7. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  8. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  9. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  10. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  11. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  12. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  13. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  14. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  15. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  16. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  17. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  18. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  19. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  20. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  21. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  22. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  23. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  24. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  25. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  26. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  27. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  28. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  29. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  30. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts