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

Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.