Bonum Certa Men Certa

Patents Roundup: Twitter and Amazon, Microsoft and Apple, USPTO and SCOTUS



Summary: A collection of news about software patents and patents in general

THERE is troubling news from the embargo agency known as ITC, which helps one company attack another by means of a sanction. There are some more reports on this which highlight the relevance to software patents, including this one which says:



The ITC affirmed the Chief Administrative Law Judge's ruling earlier this year that Suprema, Inc. of South Korea and Mentalix, Inc. of Plano, Texas infringe Cross Match's hardware and software patents, further determining that Suprema actively induced others to infringe one of Cross Match's patents.


The ITC loves blocking Asian products at the behest of US companies such as Microsoft and Apple. Pressure is applied to them in the same way that US pressure is applied to Cuba. The 'sin'? Allegedly having similar ideas. How can anybody justify this?

In other news, Twitter, which opposes software patents, is being hit by another patent troll/parasite, just amid complaints from Amazon that it too has become a victim of the patent system:

BOOKSELLER AMAZON has had 11 patent lawsuits filed against it this year, according to a filing with US financial regulators.


The MSBBC covered this too:

Amazon has revealed that 11 companies have filed patent lawsuits against it since the start of the year - more than three times as many as in all of 2010.


From Amazon's original SEC filing:

Risks have been amplified by the increase in third parties whose sole or primary business is to assert such claims [...] our website technology, including our 1-Click ordering system, infringes a patent obtained by Cordance


Amazon has meanwhile been pushing for software patents in the EU and it is in no real position to complain. It also pays Microsoft for GNU/Linux servers and the Linux-based Kindle. The next Kindle too (based on Android) will allegedly be taxed by Microsoft. Amazon did not even put up a fight. Why is it that the press neglects to mention such stories for background? Amazon is not in a position to whine. Stallman is meanwhile quoted widely as saying that Jobs also made it a personal crusade to attack Android with software patents. It is not far fetched to assume that Larry Ellison did a favour to his "best friend" (by his own words) Steve Jobs by suing Android through Google.

The Wall Street Journal mentions the latest twist and IDG comments on the Oracle vs. Google case, which was delayed, by heckling Google, as one ought to expect. IDG has never been a Google-friendly platform.

Meanwhile, patent lawyers get a platform in the Washington Post and they sort of admit being the parasites coming at the expense of actual work. By one's own words:

But when patents cannot be understood, are difficult to obtain, or become nearly impossible to enforce, much of the money that would go toward research and development is spent on lawyers. These legal fees drastically increase the barriers to investment for a promising new idea, dulling America’s technological edge. The modern trend of bundling patents into large portfolios for sale on the open market further demonstrates how the patent market currently favors large corporations over the individual entrepreneur.

As a patent attorney, I am constantly meeting hopeful inventors who dream of securing a patent to protect their ideas. They have been told by potential investors that they need a patent before they are willing to invest in their technology. When I explain that a patent will cost upwards of $30,000 and take around five years to obtain, their hopes are dashed. The news only gets worse when I inform them that enforcing a patent is a multi-million dollar proposition. At that point, most simply give up.


Another paper is giving a platform to Microsoft's FUD against Android and promotion of software patents (there are some parts there about both). To quote the puff piece (Microsoft guest post essentially):

Microsoft attorney outlines Android patent tactics



[...]

Those patents (cover) individual features that have been created in a particularly inventive way by Microsoft and that have been recognized by the patent office. It's now being tested in court. It remains to be seen what courts say; they will be the ultimate arbiter. But we believe they're solid patents.



Guess who is is playing along? MSN, Microsoft's fake 'news' site. The Microsoft press on Apple's ridiculous patents that threaten Android is as shallow as one should expect. Compare it to this good piece which complains about a "broken" system:

Apple's Newly Awarded Patent and a Broken System



[...]

The result, in my humble opinion, is that the system is broken for the modern age and in need of an overhaul. Over the last few years I’ve seen patents, which were originally developed as a form of protection for an inventor, become a corrupted version of its original intent. Instead of protection they’re now used primarily as strategy and legal weaponry against competition. And the reason is the pure power behind it – a patent grants exclusive rights on the technology in question for 20 years.

Outside of basic patent trolling, there are a number of examples that can be cited here that illustrate the shambles that our patent system is now plagued with, but it was the most recent one that set me off this week. Just recently Apple, which is a perennial member of the patent lawsuit club, was just awarded patent 8,046,721 (7,657,849 is the same thing just older) by the good ol’ USPTO, entitled “Unlocking a device by performing gestures on an unlock image.” I’m going to let that one sink in for a second and let you read some of that patent I linked before the tirade that’s about to follow, divided cleanly into three (3) parts for your convenience. And before I get to it, let me put a disclaimer out there that I’m not a lawyer, nor do I have any formal legal education or professional experience.

You good? OK.


E.D. Kain asks, "Do Patents Kill Innovation?"

Of course they are killing innovation. Their goal was never innovation. It was documentation. "Patent office strained by time, staffing" reads a new headline from the Nashua Telegraph and one lawyers' site helps remind us that this problem is systemic because even SCOTUS won't do what needs to be done:

The Supreme Court's decision did not invalidate the multitude of business method patents already issued or threaten patent applications still pending. Rather, the court invited the Federal Circuit to consider the appropriate way to evaluate business method patents. Due to the lack of guidance from the courts, the time was perhaps ripe for intervention by Congress.


The patent system is harmful and it helps harm small players in particular. Something must be done about it.

Comments

Recent Techrights' Posts

Links 19/09/2024: UPC Illegal 'Court' and Microsoft LinkedIn Called Out for Data Misuse
Links for the day
Gemini Links 19/09/2024: Invidious Problems and Install Times
Links for the day
Links 19/09/2024: Scam ‘Funeral Streaming’ and More Microsoft TCO Tales
Links for the day
In Sweden, GNU/Linux Almost 20% of the Laptop/Desktop Market, Firefox Falls to 2%
In the US, once a browser falls below 2%, many critical sites can legally ignore it (or its users' needs) altogether
When Microsoft Pays a Lot of Money to Reddit, 'Linux' Foundation, and Countless Other Entities
As does Google
A CoC Will Destroy Your Free Software Community and Help Imposers of CoC (Like Microsoft)
Abusers like to disguise censorship (of their abuse) as "manners" or good "conduct"
IBM Likely Breaking Several Laws With Latest 'Secret' Mass Layoffs
Never sign an NDA
Gemini Links 19/09/2024: Emacs Wiki and China, IRC Chatting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 18, 2024
IRC logs for Wednesday, September 18, 2024
Links 18/09/2024: Web Server Survey Shows Microsoft Down Again, Omkhar Arasaratnam Leaves Microsoft-connected OpenSSF
Links for the day
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day