Bonum Certa Men Certa

Patents Roundup: Microsoft's Intellectual 'Welfare', Litigation Rising, Abuse Beyond USPTO

Microsoft and Intellectual Monopolies



Some readers might still remember how Microsoft extorted a company, urging it to pay for intellectual monopolies. There were even threats of an embargo, which showed that Microsoft is a patent aggressor. Well, that's resolved now, probably meaning that Microsoft will be paid for products it has nothing to do with. They essentially use patents as a welfare programme.

Microsoft and Primax Electronics Ltd. of Taiwan say they've reached a licensing deal over the Redmond company's patented mouse technologies, resolving a complaint that Microsoft filed this summer with the U.S. International Trade Commission.

[...]

Separately, Microsoft yesterday settled a series of longstanding patent disputes with Alcatel-Lucent.


The Alcatel-Lucent tiff with Microsoft has gone on for quite some time [1, 2, 3, 4, 5] and they seem to have just reached a secret settlement.

Microsoft, the world's biggest software maker, and Alcatel-Lucent settled most of their patent litigation, officials of the two companies said Tuesday.

Financial terms were not disclosed. The agreement covers six lawsuits, including one that resulted in the largest patent verdict in U.S. history before it was thrown out by a judge. Microsoft will continue its appeal of a $368 million verdict it lost that swelled to $511.6 million in June, the companies said.

The companies have been fighting since 2002 when Lucent, then a standalone concern, began demanding royalties from Microsoft customers Gateway and Dell over features in the Microsoft Windows operating system. A federal jury in San Diego in one case awarded Alcatel $1.52 billion - the largest patent verdict ever - over digital music technology.


Patent Mess Getting Worse



TechDirt let its readers know that Stanford had created a valuable source that's a database of patent litigation.

Over at Stanford, some law professors have been putting together a database of IP litigation from the past few years, called the Stanford IP Litigation Clearinghouse. The Law.com article claims that there are "surprising" facts already coming out of the database, but they don't seem to be any different than what's been known for a while (specifically, that the number of patent lawsuits has been relatively constant over the past few years).


Here is the article that looks at some numbers.

It's not true that patent infringement suits are going through the roof -- filings have held steady for eight years -- but there are a whole lot more defendants out there looking for lawyers.

While many IP litigators have been busier in the past few years, the actual number of infringement suits has hovered between 2,300 and 2,800 a year. But in 2007, the number of defendants named in these cases jumped from around 6,000 in 2006 to 9,000 (see PDF chart; registration required).

That's just one of the facts revealed by Stanford Law School's Intellectual Property Litigation Clearinghouse, a searchable online database unveiled Monday evening that tracks all patent cases since 2000. Offering hard statistics on trends, from how many suits have been filed to how plaintiffs fare in front of a particular judge, the clearinghouse is being greeted enthusiastically by lawyers.


So, all in all, it's getting worse. Lawsuits are not a sign of success but a sign of unnecessary friction and distraction. Another new lawsuit has just hit eBay, which is part of the coalition to end software patents. [via Digital Majority]

Netcraft sued eBay and PayPal for infringement of its patents that cover an "internet billing method." During claim construction, the Western District of Wisconsin found that the limitation of "providing a communications link through equipment of the third party" requires that an infringer "provid[e] customers with internet access." Of course, eBay and PayPal do not provide internet access.


Here is a redundant lawsuit being dropped:

In July this year Hasbro set the legal dogs on Scrabulous, the popular Facebook-based Scrabble knock-off, saying it infringed on the intellectual property rights of the board game.

[...]

Scrabulous was later removed from Facebook, following a DMCA take-down order from Hasbro.


Europe



Software patents protest against EPO



Trademark laws can be abused too. We mentioned this one example the other day and it turns out that the EU won't quite permit this. In fact, the push to end the pro-software patents lobbies in Europe persists as well, so intellectual monopolies as a whole are being challenged.

What will it be in the United Kingdom after Nokia/Symbian did its damage?

Following a recent legal appeal by mobile phone OS vendor (and now Nokia subsidiary), Symbian, the UK Intellectual Property Office (IPO) has just issued a practice note relating to software patentability that, according to patent attorneys, still does not bring the UK fully in line with Europe, in spite of a recent court case that suggested the IPO should change its previous practice.


We always have Nokia to blame, but had it not been Symbian, maybe it would be something or someone else.

What Lies Ahead



We wrote about "Linux Defenders" before, mostly to remark that it's challenging players in the system rather than the system itself [1, 2, 3, 4, 5].

Here is some more coverage that we didn't see before:



We ought to have the interview with OIN real soon now.

The monopolists and their cronies are devising a mechanism even worse than patents and copyrights to marginalise the masses and empower the MAFIAA monopolies. It's an appalling case of people elected by the people (politicians) secretly meeting other rich people behind closed door to conspire against the very same people who voted for them. The ACTA is a crime against society, which is why it's kept so low-profile [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16]. It will remain under the wraps until it's impossible to protest against it or reverse this crime.

“DRM is nearly always the result of a conspiracy of companies to restrict the technology available to the public. Such conspiracy should be a crime, and the executives responsible for it should be sentenced to prison.”

--Richard Stallman



Fortunately, people are beginning to voice some concerns and express skepticism about the ACTA over at the Internet Governance Forum.

The third annual United Nations-led Internet Governance Forum in Hyderabad, India this month addressed a range of topics related to intellectual property rights and the free flow of information, and provided a venue for doubts about a closed-door international anti-counterfeiting treaty negotiation being led by the United States and Japan.

The proposed Anti-Counterfeiting Trade Agreement (ACTA) intended to align governments in their fights against illicit trade, might have the effect of stopping more positive developments in intellectual property law that emerged over the last year, warned Eddan Katz, international affairs director at the Electronic Frontier Foundation.

Developments related to IP were presented in several workshops by the dynamic coalitions on access to knowledge and open standards. Once again IP issues did not make it to the main sessions of the Internet Governance Forum (IGF), and IP was not mentioned more than three or four times in the main sessions rather ephemerally, with the exception of ACTA.

Brazilian diplomat Everton Lucero in a main session warned against ACTA as a negative example of the contrary to what is seen as the major success model of the IGF: multi-stakeholder cooperation between governments, industry and civil society and also the so-called “enhanced cooperation.” “In fact [ACTA] is the worst example,” Lucero told Intellectual Property Watch.


Tell people about the ACTA. The media does not cover this because it's controlled by the very same media companies that are committing this crime against the people.

Recent Techrights' Posts

European Patent Office (EPO) Series: Czech Mate: EPO Kingmaker or Merely a Pawn in the Game?
recent "missions" of the EPO President
SLAPP Censorship - Part 131 Out of 200: A Big Win for the Media in the United Kingdom (UK) Today
In a democratic society the Right to Know, which is closely connected to freedom of the press (or what one might label "blogging" or "blag"), comes above all else, except where there are lives being put at risk
IBM's Fedora Plans to Integrate Slop Into "Fedora Workstation as a Default Feature."
IBM does not care whether the community wants this or not
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Shows Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 07, 2026
IRC logs for Tuesday, July 07, 2026
Links 07/07/2026: Microsoft Cuts Doom "id Software" and Turkey Detains Journalists
Links for the day
Gemini Links 07/07/2026: Old Computer Challenge (OCC) and Hardware Tests
Links for the day
A Break From the Routine
What matters is what whistleblowers keep feeding information to us
SLAPP Censorship - Part 132 Out of 200: When You Cannot Pay a Million Pounds (1,335,520.00 United States Dollar) to Lawyers But Have a Strong Community
Techrights compensates for its fiscal poverty with a wealth of community spirit
Fame is Not the Goal
"Fame" kills
Mental Health in Free Software Communities
clearly there is a subject that merits debate and it ought not be a taboo anymore
The Era of Sponsored Spam
There is no "era of AI", there is era of BRIBES to PRETEND there is an "era of AI"
Gemini Links 07/07/2026: Cleaning, Old Computer, and More
Links for the day
Links 07/07/2026: Le Monde Combats LLM Slop Plagiarism, "ACLU Launches Largest Ever Midterm Electoral Program"
Links for the day
Extremism in the Free Software World is Mostly a Myth
Only the firm belief that justice applies to all will produce a just society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 06, 2026
IRC logs for Monday, July 06, 2026
Links 07/07/2026: Kernelized Secure Operating System (KSOS) and "Exploiting Thoughtcrime in LLMs"
Links for the day
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day