Bonum Certa Men Certa

Patents Roundup: Europe Under Pressure, Microsoft Moles in the Press, and More Patent Trolls

Medieval window



Summary: An accumulation of news about patents around the world with emphasis on issues that affect Free/open source software or companies that support it

SOFTWARE patents are still #1 on the agenda here. The same goes for Groklaw, where almost every post is about this subject, including this latest post.



It is well understood why software patents are bad and we generally understand the dirty politics that made these legal in the US. But over here in Europe we still see remnants of these dirty politics trying to legalise software patents through the back door. To quote:

Draft Agreement on Unified Court 'unwise', concludes EPLAW



PatLit thanks Dr Jochen Pagenberg (President of the European Patent Lawyers' Association EPLAW and one of the most experienced patent scholars in Europe) for drawing the following highly pertinent criticisms of the proposed Unified Patent Court to its attention [this post will be cited later today on the IPKat weblog, following yesterday's post on the report of last week's Warsaw Conference here].


Bosson's general response can be found here (FFII affiliated):

Killing EU innovation with a unitary "more patents!" court



[...]

I also got strong reactions from patent attorneys from Stallmans piece in the Guradian. They say that software patents are already established in the EU, why does he not understand that? That debate was over ten years ago! But thats not true. Its happening right here and now while software patents are ever more questioned and tried publicly. What happened ten years ago is coming into the public light - and it shames the patent institutions. Its also a trial of legitimacy. Where monopolist proponents try to establish software patents like MS: "We live in a world where we honor, and support the honoring of, intellectual property," says Ballmer in an interview. FOSS patrons are going to have to "play by the same rules as the rest of the business," he insists. "What's fair is fair." (see Glyn Moody on techdirt). A European court that protects the "users" of the patent-system would allow MS to litigate for licenses in one strike over all of EU.


According to British patent lawyers, "Halliburton gets simulation patent after all", which is a dangerous precedence.

It's not yet available online, but yesterday's Patents Court for England and Wales decision of Judge Birss QC (taking time off from his busy schedule in the Patents County Court to sit as a Deputy High Court Judge) in Halliburton Energy Inc’s Patent has already been announced, at something approaching the speed of light, as a Hogarth Newsflash. The news-flasher (if that be the correct term) is the IPKat's friend Richard Davis (Hogarth), instructed by Hoffmann Eitle on behalf of Halliburton. Normally this Kat would not deign to comment on a decision on so mundane and uncontroversial as the patentability of computer software, but this case is an exception. Why? Because it's the first time since the blog was founded in 2003 that a successful appellant, its instructing firm and the barristerial chambers have all commenced with the letter H.


Glyn Moody responds with:

[R]eally bad UK decision on [software patents]


According to these British patent lawyers, people in the UK are working to get this whole software patents abomination passed. To quote the blog post in question:

By total coincidence, while the Kat was citing Daniel v Lions at the LIDC Conference, a whole group of Daniels was being cast to the lions the other end of Europe, in the lovely city of Warsaw. The cause of this was the Academy of European Law's conference, The Future Unified Patent Litigation System in the European Union, "organised in the framework of the Polish EU Presidency of the EU Council" which was billed as providing
"... a platform for discussion on the new draft agreement on a Unified Patent Court presented by the Hungarian Presidency on 14 June 2011".
What, perchance was to be discussed on this platform? The programme explained:
"The objective of the conference is to analyse how issues raised by the Court of Justice of the European Union in its Opinion 1/09 on the previous version of the agreement regarding compatibility with EU law were addressed, as well as to promote an exchange of views between courts and practitioners on the functioning of the European Patent Court".
The event commanded an all-star line-up of speakers.


This is the type of activity that we need to keep an eye on because there are always attempts to expand the US patent system to more continents. The reality is, a lot of software patents are rubbish and they are quite easily invalidated by prior art, even though it can be a lengthy (and thus expensive) process. Google, for example, is apparently shooting down Oracle/Sun patents, based on a report which says:

Oracle listed more than 130 patent claims in its original complaint against Google for infringing Java patents in mobile operating system Android. The presiding judge felt that this was too many claims for a trial scheduled to last three weeks and suggested reducing it to three.

Four weeks before the trial is expected to start, Oracle has now set out its position. Fifteen claims will be looked at, plus eleven 'mirrored' claims. This 'mirroring' of claims extends them from the pure method to a combination with an apparatus or a machine-readable medium. The claims are taken from six different patents, but one of the original patents, number 6125447, is no longer part of the complaint.


Look how quickly the numbers drop. But this process is very expensive and laborious. There is so much money at stake (potentially billions), so Google will fight on. There are other new stories of software patents, such as one that says "Facebook [Got] Sued For Patent Infringement For Online Photo Albums".

The USPTO is largely responsible for this mess and SCOTUS has done almost nothing to help change the principles of patenting. It is said to be part of a pattern based on this new blog post that says:

Supreme Court Decides Software Law By Not Deciding



[...]

Did I hear someone mention software? Yes, though it has been a critical part of the economy for decades now, software remains a stumbling block for the courts. Last year’s patent law decision, Bilski v. Kappos demonstrated some of the stumbling.


Watch this new infographic titled "Patent Evil" and mind the growth of the meta-industry of litigation and extortion, based on announcements like expansions. If this is what counts as progress, we need none of it.

A patent trolls that went to war against a lot of companies makes a statement about the USPTO these days (the patents are like the whole company). Microsoft typically uses this troll to paint itself as a victim, but it is actually Microsoft that has many victims. It is extorting companies that actually produce phones and then spins that as amicable agreements. Microsoft moles are injecting themselves into the press to create Android and Linux misinformation and Bloomberg fails massively by quoting former Microsoft employee and known Android basher for some anti-Google poison (that would be Michael Gartenberg [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15], see this latest "IP" promotion). Some readers told us that NPR quotes Microsoft Florian and Enderle on this subject, That is just sad. Do they not know who those people really are?

Steven J. Vaughan-Nichols has meanwhile started to tackle this issue more than before by writing about patent trolls and not just Linux. To quote:

Ask not for whom the patent troll sues, he sues you. It used to be patent trolls only bothered to sue large companies. After all, that’s where the big bucks were. Now, however, Innovatio IP, a new company that exists solely to shake money down for its Wi-Fi patents, is targeting individual branches of hotel, coffee shops and restaurant chains. You, with your home Wi-Fi access point, may be next.

None of these franchised businesses, which include Hyatt, Marriott, Wyndham, Ramada Inn, Best Western, Days Inn, Super 8 Hotels, Travelodge, Caribou Coffee, Cosi and Panera Bread, make or develop technology. All they do is offer Wi-Fi services. That’s enough, as reported by Patent Examiner, for Matthew McAndrews, a partner at Chicago-based law firm Niro, Haller & Niro, and the lnnovatio lead litigator, to state, “We want you to continue to use this technology, we just want our client to get his due share. This is not a seat-of-the-pants, fly-by-night shakedown.”


Notice Niro in there. It is the father of patent trolling, who is still out there..⬆

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
 
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs