Bonum Certa Men Certa

Patents Roundup: Bilski, Sun, Telecom, and Apple

End of Software Patents Near?



A couple of important court decisions may constitute a change of law, but it's too early to tell for sure. Bilski is due very soon and the SSP Web site suggests that immense lobbying is likely to ensue.

The outcome of the Bilski case, which should be published in October, might invalidate software patents in the United States:

Plager said he regretted the unintended consequences of the decisions in State Street Bank and AT&T. Those rulings led to a flood of applications for software and business method patents, he noted. If we “rethink the breadth of patentable subject matter,” he said, we should ask whether these categories should be excluded from patent protection.


If the CAFC are clever enough to follow the Supreme Court and kick software patents out, you might see the desperate large corporations and their patent department rushing to Congress. Especially if tomorrow the banks value their patent portfolio as void, and not useful to get any credit.


This month will be a fascinating one not just because of the many major releases of GNU/Linux (Mandriva 2009 is due any day now).

Sun-NetApp



Here is another potential victory for Sun Microsystems, which battles a software patent lawsuit targeted at an open source project.

Sun is crowing that a judicial ruling in the NetApp_Sun IP lawsuit has effectively invalidated another NetApp patent. The US Patent Office also appears to be rejecting NetApp's key patents in the law suit. NetApp's position looks like it's crumbling.

The dispute began with NetApp claiming that Sun's free distribution of its ZFS technology infringes NetApp's six patents for its WAFL (Write Anywhere File Layout) technology. WAFL is a core component of NetApp's SAN and filer products.


Groklaw has some more pertinent details about this case, which it has followed since the very start.

There's news from the NetApp-Sun patent litigation front, and I think you'll like it. Sun's general counsel, Mike Dillon, posts the news that the US Patent Office has now responded to all six of Sun's reexamination requests, which they filed based on prior art. We've been waiting for the order on the reexamination from the USPTO on the claims of '292. Dillon's the lawyer, not me, and he says the USPTO has now rejected all the '292 claims, but I'd describe it from the Order [PDF] from the USPTO more that it found that the prior art "raises a substantial new questions of patentability" as to the claims. This isn't yet the end of the process, but it's still very good news for Sun, no matter how you describe it.


Telecom



Why have software patents if they won't be used offensively, i.e. for profit? Why have software patents if they are only ever bound to a cross-licensing agreement (or a set of them)? Why even 'defend' a software patent if, as Comcast and Verizon now show, it's better to call off the fight and issue a cease-fire? The following report makes one wonder if there was ever a true need for this type of patents in the first place.

Comcast and Verizon Communications have inked a deal under which the two companies have agreed to not sue each other over patent claims for a period of five years, according to company sources and published reports.


Ensuring fair competition using software patents is like ensuring public safety by distributing pistols for citizens to 'protect' themselves. Some weapons -- whether real, physical, perceived or 'intellectual' -- are just not worth having; having already got them in the US, they are simply worth burying (disarmament). The United States and the Soviet Union learned this the hard way after the Cold War.

Here is another fruitless patent lawsuit in telecom.

Verizon, which was seeking $404 million in damages against Cox, filed the infringement case against Cox early this year after winning a patent infringement case against VoIP provider Vonage Holdings. Verizon's original filing against Cox cited patents it had exerted against Vonage, but it isn't clear from media reports whether the Verizon-Vonage patents figured in the final Verizon-Cox decision.


This is innovation?

Delusions of Innovation



FFII points out that these notorious illusions around patents are likely to be coming from lawyers and it also warns about certain publications that strive to change public perceptions in favour of software patents.

The website LinuxInsider.com, closely associated with Technewsworld.com and Macnewsworld.com, has for a long time been an object of complaints. Writers at Groklaw et al treat it as a "Linux FUD site". Recently it published lots of pro-software-patent commentaries, alongside with "neutral" news reports in which the anti-swpat-arguments are invented by the writer (no sources given) and of poor quality, whereas the pro arguments consist of extensive quotes from lawyers who usually have the last word.


This one particular Web site, LinuxInsider (its siblings new aside), was once an innocent domain, but it then got acquired by ECT only to be filled with Linux haters like pseudonym 'Paul Murphy' and Rob Enderle.

Bad Apple



Regardless of Apple's products -- whether readers of BN like them or not -- its record with respect to software patents is pretty bad if not appalling. It keeps getting worse.

Steve Jobs Patents 'The Dock'



"If you're a PC, you may be unfamiliar with The Dock, the bar of icons that sits at the bottom or side of a Mac and provides easy access to Apple applications. But don't count on it becoming a standard on the PC. On Tuesday, the USPTO awarded Apple — and inventor Steve Jobs — a patent for their User Interface for Providing Consolidation and Access, aka 'The Dock,' after a rather lengthy nine-year wait."


Apple did not invent the concept of "The Dock." It merely extended and enhanced existing ideas. That's how most so-called 'inventions' come about -- through inspiration. But Apple doesn't care. It might as well just ruin Free software projects due to its greed for patents.

Comments

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
 
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025