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

Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
 
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026