Bonum Certa Men Certa

Judge Pauline Newman Sides With Microsoft in PTAB Petition (Case Appeal) Against Patents of a Company It's Alleged to Have Copied

Nevertheless, Microsoft has lost the case, yet again (IPR2014-01457, IPR2014-01458, and IPR2014-01459). It is costing Biscotti Inc. a lot of money in legal fees.

Judge Pauline Newman



Summary: Microsoft fails to stop Biscotti (not a troll), whose patents are being leveraged in the Eastern District of Texas

THERE is truth and then there's myth. Sometimes the myth, if pushed stubbornly enough into the public consciousness, becomes more popular than the truth. Case of point: Microsoft.



Don't ever buy Microsoft's propaganda about "respecting patents" (they say "intellectual property" [sic] to further obfuscate/mislead). The company's long history on this, as sometimes demonstrated in the courts, suggests that the company takes other people's (or companies') patented ideas and flagrantly copies everything. The latest case of point? HoloTouch.

"Don't ever buy Microsoft's propaganda about "respecting patents" (they say "intellectual property" [sic] to further obfuscate/mislead)."HoloTouch got mentioned by Watchtroll the other day. Microsoft is alleged to have bought a company that was a ripoff artist (Microsoft sacked the HoloLens staff after taking over the company). Watchtroll wrote: "HoloTouch’s allegations of patent infringement center around Microsoft’s HoloLens HMI which incorporates a holographic computer into a wearable headset. The holographic experience in a HoloLens is implemented both through high-definition semitransparent holographic lenses as well as spatial sound technology including an inertial measurement unit, an ambient light sensor, one camera for measuring depth and four “environment understanding cameras;” the spatial sound technology works in concert to process information about a user’s environment and how the user interacts with that environment. As HoloTouch notes, a user may interact with the HoloLens unit in multiple ways by providing gaze or gesture inputs, one form of gesture input being known as an “air-tap.” Such air-tap gestures allow users to interact with a holographic keyboard application displayed in the user’s viewing environment. Microsoft provides source code for incorporating the holographic keyboard into apps which are being developed for the HoloLens platform."

"Microsoft's patent policy is not consistent; the only consistent thing about it is that patents asserted against Microsoft are "wrong" and patents that are used to blackmail Linux devices are "just"."This isn't about software patents, but it's noteworthy in light of Microsoft's pattern of ripping everyone off and then painting oneself as a victim of "pirates" or "patent thieves".

A few days ago Microsoft advocacy sites and a few other sites [1, 2, 3] attempted to portray Microsoft as some sort of a phones champion. "Microsoft explains why a foldable phone makes sense," said the headline from one Microsoft site, alluding to a new patent. But Microsoft does not even have a phones business anymore. It's dead. Trolling Android OEMs is the 'best' Microsoft can do with such a patent.

Microsoft's patent policy is not consistent; the only consistent thing about it is that patents asserted against Microsoft are "wrong" and patents that are used to blackmail Linux devices are "just".

"Biscotti is less than a decade old and it is not a troll."Judge Pauline Newman was mentioned the other day in relation to a Microsoft case. It was about patents that Microsoft alleged should not have been granted; Newman's court once again supports PTAB's decision (as it does about 80% of the time) and this was noted by various people, one of whom said: "Microsoft 12/28/2017 IPR Fed. Cir. panel (per O'Malley) affirms PTAB finding that claims not anticipated by prior art. Interesting dissent by Judge Newman, arguing that claims were unpatentable "under the most rigorous application of the law of anticipation.""

"Dissent by Judge Newman," wrote another person as ""The claims at issue are “anticipated,” under the most rigorous application of the law of anticipation."

"Never fall for the illusion of a kinder, gentler, 'new' Microsoft. The company is already debunking its very own myths; it's always eager to use patents to crush its competitors and when patents are used against Microsoft the company will use its deep pockets to drive the plaintiff out of money (or out of patents, using IPRs)."Here's more from the same person: "Microsoft v Biscotti FedCir 12/28 affirms PTAB, which upheld patentability of B's videoconferencing system patent in 3 separate IPRs. 41 pages on anticipation ("close case"; no "immediately envisage"; disparate disclosures in ref). Reaffirms anticipation is fact q; SOR=subst evid

This decision is, according to another person, "PRECEDENTIAL" and it can be found here. The date on it is Thursday, i.e. two days ago. Alice is not mentioned at all (nowhere in this decision, not even Section 101). Here is the part about the dissent:

NEWMAN , Circuit Judge, dissenting.

I respectfully dissent. The Kenoyer reference describes the same invention that is claimed in claims 6 and 69, the only claims of Biscotti’s ’182 patent that are reviewed by the court. These claims recite no new components or functions or technology; they directly read on, and are anticipated by, the prior art system described in the Kenoyer reference.

As I shall illustrate, every claim clause is shown in Kenoyer. Every claim component was previously known, and performs the same function in the same way in the same combination. The claims at issue are “anticipated,” under the most rigorous application of the law of anticipation.


Biscotti is less than a decade old and it is not a troll*. But Microsoft will certainly do anything it can to demonise Biscotti and evade justice, just like it did against i4i about a decade ago.

Never fall for the illusion of a kinder, gentler, 'new' Microsoft. The company is already debunking its very own myths; it's always eager to use patents to crush its competitors and when patents are used against Microsoft the company will use its deep pockets to drive the plaintiff out of money (or out of patents, using IPRs). _____ * It is a young company, based on Texas, formed and run by technical people.

Recent Techrights' Posts

The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
 
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
GAFAM is Connected to Misogyny, Almost All Founders Divorced
They're not good people, even if they pay the media to pretend otherwise
SLAPP Censorship - Part 83 Out of 200: Religion is Still Alive, But for Many This Religion is Monetary (Greed, Monopolies, Corporate Power)
If all you keep boasting about is being able to afford a hotel room and some domestic flight, then maybe you have no real accomplishments and are more like a "Facebook serf" with a credit card
Oracle Seems to Have Popularised Overnight Layoffs, Now GAFAM Does the Same
layoff emails at 4 a.m. local time
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026