Bonum Certa Men Certa

Patents Roundup: Microsoft Keeps Ruining (to Exploit) the Patent System, USPTO's Purpose in Greater Doubt, Cisco Surrenders to Trolls

Summary: The latest news about patents that pose a problem to the adoption of Free software, with particular focus on Microsoft which is by far the biggest problem

YESTERDAY we showed that Steve Ballmer lobbies Obama on patents. Now he is lobbying with an article that The Mad Hatter let us know about last night.



Microsoft is very focused on using (bending) law -- not technical superiority -- to defeat its competition. Microsoft wants to make its competition illegal and in the process it picks allies such as the copyright cartel (which it serves more than ever in its operating system, due to built-in DRM).

“Microsoft is very focused on using (bending) law -- not technical superiority -- to defeat its competition.”A few days ago, Groklaw pointed out that "peer to peer is used for many other legitimate things. I use it all the time for downloading Linux, various distros I want to try out, for example. The RIAA seems to assume that the technology is all about piracy, but Linux is not being pirated. It's a legitimate use of peer to peer. And there are millions of us who like to use it. Just pointing it out, in case they are not aware."

This is another method of derailing GNU/Linux, the #1 competition of Microsoft. The RIAA has already insulted even the Free Software Foundation, which may sound bizarre because the RIAA (a front for media conglomerates) is not in the business of software. This just smacks of collusion.

Something that Neelie Kroes said last week has led to some heated debate [1, 2, 3] as the software patents situation in Europe is made worse by Microsoft. Jukka S. Rannila suggests contacting the European Commission in his new Web page, to which Groklaw adds: "Just so you know, you can still provide feedback to the EU Commission on Microsoft's recent commitment regarding interoperability, called an "undertaking". The link takes you to an example. The EU Commission is monitoring the impact on the market as to how well the undertaking is working regarding interoperability between Microsoft's products and non-Microsoft products."

We wrote about this blunder before [1, 2, 3, 4, 5]. Another related blunder revolves around EIFv2 (European Interoperability Framework version 2), which has received a lot of negative publicity after Microsoft lobbied to derail its purpose/goals. We wrote on this subject in the following posts:

  1. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  2. Orwellian EIF, Fake Open Source, and Security Implications
  3. No Sense of Shame Left at Microsoft
  4. Lobbying Leads to Protest -- the FFII and the FSFE Rise in Opposition to Subverted EIF
  5. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  6. EIF Scrutinised, ODF Evolves, and Microsoft's OOXML “Lies” Lead to Backlash from Danish Standards Committee
  7. Complaints About Perverted EIF Continue to Pile Up
  8. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  9. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  10. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  11. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft's Visible Technologies Infiltrates/Derails Forums Too


The president of the FFII has just shared this presentation from Europe, which ought to explain that software patents hamper motivation and innovation of Free software developers.



In other related news, Microsoft's partner Blackboard, which was also funded by Microsoft and then monopolised an area of education, is finally walking away. Blackboard has been using software patents to deter potential competition [1, 2, 3] and now comes this:

All lawsuits have been dropped by both sides. The companies will cross-license each others’ patent portfolios under undisclosed terms, which gives both companies an opportunity to save face. After three and a half years, higher education can move on. Left unresolved is the larger question of the role of patents in higher education, but that is at least as much a question for the universities as it is for the vendors.


According to a couple of updates about the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12], Microsoft is not giving up, maybe because OOXML is in trouble.

Microsoft isn’t giving up the court fight over the patent at issue just yet. On Friday, the company’s legal team, led by Matthew Powers of Weil, Gotshal & Manges, filed a petition with the Federal Circuit asking for a rehearing en banc. Powers didn't return calls for this story. Earlier coverage on i4i's trial win, post-trial action, and Federal Circuit win is available from the AmLaw Litigation Daily.


According to this article from The Guardian, i4i is not going to settle with Microsoft by licensing.

The chairman of the company that has won an injunction preventing Microsoft from selling Word 2007 because of patent infringement says he will not license the technology to the company – and has not ruled out going after any other products that infringe its XML patent.


This brings us to another hot item from the news, which is to do with patent statistics for 2009 (we have already mentioned this last week). The H belittles the value of Microsoft's software patents.

Also Microsoft is advancing – even if partly with inexpressibly petty software patents – and holds the third place with 2900 of these overwhelming patents now. If you know how to go from one page of a document to the next using software – voilà, that’s Microsoft’s U.S. patent 7 415 666, granted in 2008.


We have already shown that Microsoft is granted patents it should never have been granted in the first place. They are miserably trying to increment the patent count in order to intimidate rivals and engage in racketeering. It's about quantity to them, not quality.

Other statistics of interest:

i. U.S. losing Right Stuff in science, engineering

According to a 2010 National Science Board report, the state of science and engineering in the U.S. is still good; however, the country’s lead in the number of researchers is being challenged by China. Other science and engineering indicators in the U.S. are also being challenged by Asian countries.


ii. IBM Fluffs Patent Portfolio with Services Tech (more here)

For what seems like a zillion years running--alright, for the past 17 years now--IBM has come out as the top dog in the annual rankings of patents granted by the U.S. Patent and Trademark Office. A few years back, the USPTO stopped giving out data about patent counts, but market researcher IFI Patent Intelligence takes the raw patent data and dices and slices it like the patent office used to.


iii. Wikipedia Citations in Patents Up 59 Percent

Patent Librarian Michael White recently posted an interesting graph on the number of U.S. patents referencing Wikipedia articles:

The number of U.S. patents issued last year that contain one or more references to Wikipedia articles totaled 809, a 59 percent jump from 2008. Several years ago the USPTO banned patent examiners from using Wikipedia as a source of information for determining patentability of inventions. However, examiners and applicants continue to cite it.
White's graph is shown below.


Google too is amassing patents, which makes it less than "do[ing] no evil". Patents are about exclusion and monopoly and they tend to be inherently unethical, as a new UN report seems to suggest. From IP Watch:

The cultures of indigenous peoples have frequently been ignored when global standards on intellectual property were being set, a new United Nations report has stated.

Intellectual property issues feature prominently in State of the World’s Indigenous People, the first UN publication that aims to give a comprehensive overview of how the 370 million individuals considered as indigenous fare in terms of their health, education, income and access to employment.


Those who try to restore sanity and mend the system by denouncing patent trolls (Frenkel for example [1, 2, 3, 4, 5, 6, 7]) not only get sued but also get their employer sued. This new report says that Cisco too has been pressured to pay to the conspirators of patents trolls. They don't give a damn about justice and ethics; the only language they understand is ego and currency.

Longview, Texas, lawyer T. John "Johnny" Ward Jr. has settled the defamation suit he filed against Cisco Systems Inc. over a posting on the Patent Troll Tracker blog.

That Oct. 18, 2007, posting by Patent Troll Tracker blogger Richard Frenkel -- then a Cisco in-house lawyer -- had alleged that Ward and Longview lawyer Eric Albritton conspired with the Eastern District of Texas clerk's office to alter the filing date of an infringement suit, allegations denied by all.

The settlement in John Ward Jr. v. Cisco Systems Inc. came a month before the suit was set for trial in U.S. District Judge Jimm Larry Hendren's court in the Western District of Arkansas. Hendren signed an order on Jan. 11 dismissing the suit with prejudice, subject to terms of a settlement agreement.


Frenkel himself has been off the hook for several months now [1, 2]. However, he lost his job for 'daring' to denounce parasites like Ray Niro [1, 2, 3, 4, 5, 6, 7, 8], who should probably be locked up or sentenced to exile.


Makes routers, not patent war

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
 
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
GNU/Linux at All-Time High in Guam
there are many computers in that island
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"