Bonum Certa Men Certa

Patents Roundup: Microsoft Loses Visual Studio Case, Makes Acacia-Like Moves

IN AN IMPORTANT court case that we wrote about in [1, 2, 3], Microsoft sued WebXchange under a complex situation that more or less involved a retaliation to protect Visual Studio. Well, Microsoft has just lost the case and Law.com has this report:



For the last few months, Microsoft has been trying to pick a fight with a company called WebXchange, but Tuesday a San Francisco federal district court judge ruled there was nothing to fight about and dismissed the action.

[...]

Microsoft was seeking a declaratory judgment that it was not liable for inducement of infringement by customers that used its Visual Studio software, which allows companies to create their own business applications. The reason: In March 2008, WebXchange had sued three companies--Allstate, Dell, and FedEx--that used Visual Studio for infringement of three patents for systems that facilitate real-time transactions on the Internet. Those three companies asked Microsoft to defend and indemnify them in the suits.

Microsoft is represented by John Vandenberg of Klarquist Sparkman and Michael Bettinger of K&L Gates.


According to Wikipedia, "Notable K&L lawyers include Gates, father of Microsoft founder Bill Gates, former Republican Senator Rick Santorum and former U.S. Attorney General Dick Thornburgh."

Notice the inclusion there of Bill Gates' dad and some politicians. Bill Gates' dad was also involved in the Abramoff fiasco, so he may still be pulling a lot of strings behind the scenes (including SCO, from which he pulled money last year). We recently remarked on reports that Bill Gates' dad leverages a lot of litigious powers and the effect is there for all to see [1, 2, 3, 4, 5].

“Notice the inclusion there of Bill Gates' dad and some politicians.”Further to this, to repeat what is stated in Wikipedia, "As of December 4, 2008, K&L Gates was in merger talks with the Chicago-based firm of Bell, Boyd & Lloyd. The two partnerships agreed to merge on January 30, 2009. The combined firm will practice under the K&L Gates name and will dramatically expand the firm's presence in Chicago and open an office in San Diego. According to legal blog Above the Law, the merger will be completed on March 1, 2009."

If Bill Gates' dad works with the former U.S. Attorney General, then it's worth bearing in mind when a Microsoft-sympathetic antitrust chief gets appointed after publicly attacking Google.

This confirms some widespread allegations that Microsoft is more than just a company and somewhat of a "cult" (to borrow the word used by a Euopean government delegate) or a "political movement".

This case above was an important one also because it may have ramifications for Mono, as we explained before.

Microsoft Versus Free Software and GNU/Linux (Using Software Patents)



In other interesting news, Google's embrace of GNU/Linux is beginning to transcend the server and popular mobile devices. Google's Android platform is now being embraced for some sub-notebooks, so according to reports like this one, the monopolist might stifle GNU/Linux adoption using a last resort: software patents.

The problem Android creates for Microsoft is long-term. If engineers can create applications that do mirror what Window does on the PC, Redmond has a problem. But that development process could take years and could run into patent problems because of key IP rights that Microsoft has set up over the last two decades.


We have already seen the company's Bill Gates scheming to use software patents against OpenOffice.org (StarOffice at the time).

Google has another front to battle on, namely that of patent trolls. Here is a new article on the subject.

Google Inc. is going on the offensive to fight patent claims, a strategy the Internet search company says will deter frivolous lawsuits. The number of patent challenges against Google rose to 14 last year, from 11 in 2007 and three in 2006. The company wants to curb that growth by fighting rather than settling lawsuits, said Catherine Lacavera, Googles senior litigation counsel.


As was mentioned earlier, Microsoft is promoting the very same person who is engaging in the following type of behaviour:

Gutierrez, who has taken an increasingly active role in Microsoft's intellectual-property strategy since moving back from Paris a few years ago, where he had served as Microsoft's associate general counsel for Europe, Middle East and Africa (and where I first met him for hot chocolate and coffee), is well-known to the open-source crowd for his involvement in Microsoft's accusations in 2007 that Linux violates 235 of Microsoft's patents.


It is worth seeing how Microsoft wraps around ("schmoozes", to use its own terms) the very same people whom it threatens and abuses. The above is a confession from an open source company executive.

Horacio Gutierrez
Picture contributed by twitter



Acacia/Microsoft Patent Trolls



It is also important to keep track of patent trolls which accommodate Microsoft moles. Acacia is one of the bigger examples [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] and it has already attacked GNU/Linux. In its latest extortion, Acacia manages to squeeze out money from Johnson & Johnson.

Acacia Research Corp. announced that its Cardio Access subsidiary has entered into a license agreement with Johnson & Johnson covering a 1993 patent relating to medical devices.


What is going through the minds of people whose companies produce no products? The Earnings Call Transcript from Acacia (just days old) sheds light on the thinking inside firms that are all about extortion and exploitation (misuse) of a broken system.

Here is another new Acacia extortion which exploit patents on "e-commerce pricing".

No "Change"



After appointing several pro-intellectual monopolies people to join the cabinet [1, 2, 3], Obama's administration shows no concrete signs of that it has a roadmap for resolving this plague of intellectual monopolies.

Today IP-Watch has an amazing story of an Obama administration trip to Geneva to discuss intellectual property issues. Apparently the USPTO organized the trip, which included several Obama officials, plus these congressional staff...


There are some other articles that are worth a mention, e.g.:

i. How Reporters Contribute To Misconceptions About Patent Lawsuits

Joe Mullin has another fantastic post, discussing how way too many reporters, in covering patent disputes, mislead the public into thinking that the patent holder is accusing another company of copying its invention. The truth is that it's very, very rare for a patent infringement lawsuit to actually involve a company that copied (or, as the patent system supporters would falsely claim, "stole") someone else's invention. Usually, it's about companies coming up with a similar offering independently.


ii. The solution to the US's patent problems are international, says former USPTO chief

It has become increasingly clear that offices all over the world face the same broad problems in getting fee structures right, deciding what requirements should be placed on applicants and dealing with the backlog. So the best way to tackle them is to work together to find solutions.


iii. Will 4G get stuck in the technology patent trap?

WCMDA offered higher capacities and more features than GSM, but operators could not substitute their 2G networks for 3G networks overnight. 3G handsets continue to support the previous generation of technology.

This trend will continue with LTE; there will probably never be a pure LTE handset – even data-only dongles are likely to be multimode. Next generation handsets will likely support LTE, WCDMA and GSM/GPRS, not to mention a number of other connection technologies such as Bluetooth, WiFi, WiMAX and RFiD.

Each additional standards-based technology will add incremental cost to the product in terms of technical complexity, but also royalty costs. The mix of other technologies expected in modern handsets such as MP3, cameras, DVB-H, GPS and touch screens increase this complexity further.


Chaos Galore



Until a solution is found and also devised, this patent system will continue to be a laughing stock. To give examples from the past few days, one company without products has patented text messages and another company has just patented underwater metal detecting. Kaspersky gets its own monopoly on software that removes viruses (i.e. a patent that can harm security) and TV guides too become the virtual ownership of one company. Security of card games is now a patent and so are universal remote controls.

Unsurprisingly, some of these trivial patents lead to spurious lawsuits which produce no innovation. They do not pass any value to customers, only additional cost.

On the brighter side of things, a patent on "asymmetric picture compression" has just been invalidated, proving that bad patents can still be challenged successfully. Why grant them in the first place though? Maybe because staff in the patent office is incentivised to accept and rarely to reject applications?

Comments

Recent Techrights' Posts

Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
 
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026