Bonum Certa Men Certa

Patents Roundup: Microsoft, Apple, Nokia, Monsanto, Pfizer, and ACTA



Summary: This is a list of news items of interest to Free software supporters

Ex-Sun Chief Dishes Dirt On Gates, Jobs (covered yesterday)

Bill Gates and Steve Jobs wanted to sue Sun

Ex-Sun boss punts Apple-Microsoft-world 'tried to sue me' missive

Judge puts Apple-Nokia case on hold (this case was covered in [1, 2, 3, 4, 5, 6, 7, 8, 9])

A JUDGE has put the Apple and Nokia legal battle on hold.

The move is to give the feds a chance to investigate the matter, which involves patent infringement claims from both Nokia and Apple.


US judge Puts Apple-Nokia Legal Battle on Hold

A US federal judge has put the Apple-Nokia legal battle on hold, until the feds get their chance to investigate into the whole matter that seems to have tangled itself to no end. The federal agency will scrutinize the details of the case, which involves patent infringement claims.


Nokia files a mobile device power patent (hardware patent, but Nokia favours software patents too)

Microsoft battles an alleged patent troll (more on VirnetX in [1, 2, 3, 4, 5, 6])

SOFTWARE BULLY Microsoft threw its toys out of the pram in court yesterday at the beginning of the jury trial against Virnetx.

According to the Seatle PI, the Vole said that Virnetx only existed to sue it and would collapse if the court case failed.

In his opening statement, Virnetx attorney Douglas Cawley told the jury that the inventors of an automatic vitual private network (VPN) technology for the CIA, SAIC employees Edmund "Gif" Munger and Bob Short, obtained patents and shopped around, trying to get companies to purchase their technology.


Blu-ray licensing cartel starts operation

AFTER HAVING LAUNCHED exclusively by a few companies, Blu-ray is about to be licensed to the world plus dog but don't expect prices to drop.

[...]

Interested parties are also free to negotiate separate license agreements, rather than taking a single portfolio license, with each of the four companies, which have committed to provide such licenses for their respective essential patents under fair, reasonable and nondiscriminatory terms and conditions., the outfit said.


'Soy far, soy good' for Argentine importers (Glyn Moody adds that "Monsanto [is] slapped down by EU on GM soya"; also see [1, 2, 3, 4, 5, 6, 7, 8])

It's available in various official European Union languages, including Latvian, but not in English. Still, with the help of his friends, the IPKat has been able to piece together the deeper inner meaning of Advocate General Mengozzi's Opinion in Case C-428/08 Monsanto Technology LLC v Cefetra BV and others, a reference to the Court of Justice of the European Union for a preliminary ruling from the Dutch Rechtbank ‘s‑Gravenhage.

Right: Monsanto's latest genetically modified bean?

From the talented Stephanie Bodoni (Bloomberg) the IPKat learns that the Advocate General is advising the Court of Justice to rule that Monsanto, the world’s biggest seed company, can’t rely on a European patent for its Roundup Ready soybeans as it seeks to block imports of soy meal from Argentina. This is because the European patent for the trait that makes soybeans resistant to some herbicides doesn’t extend to soy meal made from the patented seeds.

Argentina, the world’s third-biggest soybean exporter after Brazil and the US, is one of the few countries where Monsanto does not hold a patent on the herbicide-resistant seeds. However, a ruling that Monsanto's European patent is enforceable would let it block those imports.


The USPTO-Pfizer collaboration to change India's laws on patents and test data (this is essentially murder with patents)

The United States Patent and Trademark Office has a joint program with Pfizer to fund and manage seminars in India on "misconceptions of evergreening" and "the importance of regulatory data protection and patent linkage." KEI has submitted a FOIA request to USPTO on this topic, and received a small installment of documents on Friday. Attached to this blog are 4 pages of documents that we received from two meetings held in Mumbai, India on September 9, 2009. Ten journalists and 15 NGOs attended the meetings. The USPTO and Pfizer each paid $3,190 for the days events ($6,380 total).


USTR pressures Taiwan on pricing and reimbursement of pharmaceuticals and medical devices

US Government Working With Pharma Companies To Raise Drug Prices In Other Countries

Then, over in India, it appears that the USPTO is putting on co-branded events with Pfizer about drugs, health care and patents. Along with this, Love points to growing concerns from folks in India about a project between George Washington University and various pharmaceutical companies to "train" Indian politicians and judges on the importance of patents in pharma. Except, of course, that's very much in dispute. Many studies have shown that patents on pharma do more harm than good -- especially in countries with big healthcare issues.


If You're Going To Sue For Patent Infringement, It Helps To Say What Actually Infringes

Last year, we wrote about a guy, Greg Bender, who holds a patent (5,103,188) on a "buffered transconductance amplifier," that he's decided is infringed upon by pretty much any electronics device.


Vaguely Identified Devices in Patent Complaint Fails Twombly

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” If a complaint fails to satisfy Rule 8, it “must be dismissed” under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). To survive a motion to dismiss, the plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.”


KEI looks at USTR letter to Wyden, and conflicts between ACTA and patent reform (thus the great relevance of ACTA to Free software)

On January 6, 2010, Senator Ron Wyden sent a letter to the USTR asking a number of questions about the U.S. negotiating objectives in ACTA. On February 28, 2010, USTR responded. The USTR response focused mostly on the official U.S. "asks," rather than the state of the negotiating text, which also reflects also the views of other parties. For this reason, the USTR letter to Wyden only tells part of the story about what ACTA may do.

On March 1, 2010, a European Union document leaked discloses several key sections of the ACTA text, including those relating to damages, injunctions, provisional measures and the Internet. This note highlights a few issues in the USTR letter to Wyden, in the context of what is known so far about the ACTA negotiating text. Patents included in ACTA

USTR is now acknowledging, for the first time, that the U.S. has asked that patents be included in ACTA. In briefings in 2009, USTR said the US only wanted ACTA to cover trademarks and copyrights, and that it was the position of the European Union to include patents and other types of intellectual property. The leaked EU analysis reported the US had supported including "all intellectual property" in the civil enforcement sections of ACTA, and this is now finally acknowledged by USTR. It is unclear why the USTR had said the opposite in several briefings to Congress and the NGOs in 2009.


Recent Techrights' Posts

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Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
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They are enablers and facilitators of corruption
 
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
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focus on what IBM (Red Hat) is pushing while running over critics.
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"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
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Links for the day
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Morale at Microsoft is really bad
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Not bad for this "Fosschild"
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Serial Sloppers need to be shunned
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Links for the day
Over at Tux Machines...
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IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
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Links for the day
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Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
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Will the cutoff date be extended again?
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Ideally, all Gemini capsules should use self-signed certificates
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Links for the day
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Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
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Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
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Since January there was only one noticeable outage
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"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
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Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
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Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
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Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
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The story of super injunction (in the British media this week, years late)
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Having spoken to victims of the Serial Strangler From Microsoft
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Over at Tux Machines...
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