Bonum Certa Men Certa

Software Patents and Patent Taxes: How 100 Grams Worth of Components Can Cost as Much as $1000

Nearly challenging the price of gold now

Phone and USPTO
Phones now a pocket-sized patent thicket



Summary: A roundup of recent news about patents that affect phones in particular, notably patents on software rather than hardware

THE SUBJECT which is software patents hasn't been covered here recently. It's due to other important issues. "How to get around software patents" is an article published nearly a week ago. To quote part of it: "Isn't is possible to work around software patents and use [...] In some cases it is really possible. The Ogg/Vorbis developers have done patent research and hope their format won't vulnerate patents in the United States."



"The patent attacks on Chinese companies have led some of them to a pursuit of patents akin to stockpiling."Well, Apple's Steve Jobs attacked Ogg, as we wrote here several times in past years (well before Jobs' death). Don't forget that, when it comes to patents, Apple is not only a foe of Linux (and by extension Android) but of FOSS as a whole. There's a long tradition to it, as we showed here over the years.

Earlier this month and later last year we wrote about Xiaomi, a rival of Apple, craving or lusting for patents (perhaps as many as 10,000). Two recent articles from IAM [1, 2] said more about this area, noting that "Xiaomi’s latest gambit in its quest to find sales growth outside of its home market of China was a short-lived one. The company launched its first phones in South Korea last Monday, 4th January, through KT Corporation, the nation’s second largest mobile carrier. Just two days later, the handsets were abruptly pulled from the market, based on what KT described as “legal matters related to sales”. There are several possibilities for what has happened, but given the company’s history of IP troubles, some in the media have wondered whether a patent dispute is behind the setback. If that does prove to be the case, it would raise some serious questions about Xiaomi's IP strategy and its ability to gauge its own freedom to operate."

The patent attacks on Chinese companies have led some of them to a pursuit of patents akin to stockpiling. Over a week ago we learned about Huawei and Ericsson signing a patent agreement [1, 2] and it is worth noting that Ericsson uses patent trolls as fronts. "As the battle for patents rages on," said one report, "and tech giants are at each other’s throats on court, arguing who has the right to use what technology, two companies have extended their agreement to use each other’s patents without much hassle.

"Imagine higher prices on everything (the lawyers' tax), including mobile phones whose prices are artificially high.""Those two companies are Ericsson and Huawei and they have, according to a recent press release, extended their global patent licence agreement that includes patents regarding wireless communication technology."

This new report about Ericsson's troll, Unwired Planet (formerly Openwave Systems), shows that Ericsson has become a big liability to Android companies. Unwired Planet has become a leading example of patent trolls serving even European companies, or a proxy war with SEPs. This is what UPC would lead to more of (given growing momentum it's easy to be pessimistic, especially now that UK-IPO and British patent lawyers make decisions behind closed doors), making Europe more accessible to patent trolls from the US as well. To quote lawyers' media: "The UK government has prepared legislation to give effect to EU legislation on the unitary patent and to the Agreement on the Unified Patent Court (UPC), which backs the creation of a new UPC for resolving disputes over new unitary patents."

Imagine higher prices on everything (the lawyers' tax), including mobile phones whose prices are artificially high. That's where we are today.

Earlier this month, Florian Müller chose to focus again on Apple's patent war with Android [1, 2]. "Today I received a really interesting Lex Machina press release," he wrote. "Lex Machina, a LexisNexis company, operates the Legal Analytics platform and claims that companies such as Microsoft, Google, Nike and eBay as well as various top-notch law firms are among its clients. Its new "Patent Trial and Appeal Board 2015 Report" provides lots of insight about last year's trials before the United States Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board, i.e., the USPTO's in-house court system." This study, Müller says, shows that Apple and Samsung now use so-called 'patent death squads'.

"We have written so much about the so-called slide-to-unlock patent, which is effectively a software patent."In other news [1, 2], "Samsung is appealing its Apple infringement case to the Supreme Court because a very old law is a bad fit with very modern technology" (with the CCIA's support).

The case, which we have grown quite tired of after half a decade, is still the subject of much media coverage (the latest development is that Apple is suing Samsung for embargoes to be belatedly enforced and technology giants take Samsung's side [1, 2, 3, 4, 5, 6, 7]) and legal sites too.

"Devices that cost just several dollars to make (on the basis of material) end up being sold for almost a thousand dollars in some cases."As Müller put it earlier this month: "The '721 slide-to-unlock patent, whose European sibling has already been held invalid by 15 judges, is irrelevant not only because it will likely be held invalid but also because it covers only certain graphical variants of the slide-to-unlock mechanism, but not the slide-to-unlock functionality as a whole."

We have written so much about the so-called slide-to-unlock patent, which is effectively a software patent. We don't wish to spend too much time debating it again, but we are gratified to learn that Apple too receives a reminder of the harms of software patents. "Apple has been targeted in a patent infringement complaint centring on its voice recognition technology Siri," said WIPR the other day.

The bottom line -- if there is one -- might be that patents are very destructive in the so-called 'smart' phone space (smartphone). Devices that cost just several dollars to make (on the basis of material) end up being sold for almost a thousand dollars in some cases. Who benefits from this?

Recent Techrights' Posts

Yes, Of Course the Linux Foundation's OpenSSF Rejects Open Source and GNU/Linux (New Report)
longstanding tradition
Links 10/12/2024: Nvidia's Regulatory Woes, Trust Issues in LLMs (and Similar Recent Hype)
Links for the day
Gemini Links 10/12/2024: Lagrange 1.18.4 Released, New RNG
Links for the day
More Chatbot 'Articles' About Chatbots
Look what's happening to the Web...
Microsoft Falls to All-Time Lows in Cameroon
Windows down to just 4.6%
Brittany Day Still Uses Bots to 'Write' Articles (But Not All the Time)
it leads to a presumption of plagiarism
Links 10/12/2024: Trying "Hey Hi" With New Hype and Buzzwords, TikTok Bans Imminent
Links for the day
Google's CEO: LLMs' ‘Low-Hanging Fruit’ Now Exhausted
They basically tell shareholders not to expect returns on this hype
Microsoft Windows Falls to 11% in Senegal, an All-Time Low
In neighbouring countries (to the east of Senegal) the "market share" of Windows is even lower
The EPO's Corrupt Dealings With Microsoft Never Addressed, Only Worsened
it helps Microsoft spy on the competition and manipulate examiners dealing with its files
The Catching of Luigi Mangione Shows We Need Not Have More Surveillance (Than We Already Have; It's Excessive Anyway)
instead of saying surveillance is insufficient and thus we need more of it, now they can claim they have enough of it
[Teaser] Fate of Formalities Officers (FOs) at the EPO
Coming soon
Libre Liberia: Windows Down to 8% in Liberia
In Liberia, only about 1 in 12 Web requests seems to originate from Windows
Links 10/12/2024: Health, Politics, Economics, and More
Links for the day
Gemini Links 10/12/2024: LLM Plagiarism and "Flow" Review
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 09, 2024
IRC logs for Monday, December 09, 2024
EPO Salaries Reduced: EPO's “Sustainability” Clause "Cuts the Average Overall Adjustment for Staff by –41,8%."
What does this all mean for staff?
Google is Nuking Remaining Invidious Instances Again, Hoping to Force Everyone to Use Proprietary Spyware With DRM
This issue started a few hours ago
Microsoft's Grip on Armenia is Slipping, According to New Data From statCounter
Notice what happened to Windows - an all-time low
[Meme] Sloppy Plagiarism Full of Errors, Lacking Actual Comprehension
LLMs are not "AI"
More LLM Spam/Slop About LLM Spam/Slop
This is what the Web will become unless we expose those who contribute to the problem
Reforming Versus Rebooting Versus Destroying Institutions
At the moment we strive to expose the truth or shine light on pertinent facts
Expose Corrupt Insurance Companies, Don't Kill People
Murder gives them sympathy, makes the raiders seem like the victims
Microsoft's Windows is Pretty Much Dead in Haiti
Android has eaten Microsoft's lunch, Microsoft can't even eat crow
[Teaser] EPO Management Thinks Inflation in Europe is 0.2% Per Annum
Taming inflation by entirely ignoring it is like wrongly assuming that climate change (caused by human activity) can be overcome by not studying the effect of 8+ billion humans on this finite planet
Corporate Media Will Be Discarded and Eventually Die If It Keeps Doing "Bill Gates Sez" (or Similar) Pieces Instead of Journalism
"Superintelligence" does not even mean anything!
This Week We Focus Again on European Patent Office (EPO) Scandals
Nothing can stop us, not even a party or SLAPP
Links 09/12/2024: Health Care Anger and Power Vacuum in Syria
Links for the day
Links 09/12/2024: Burned, Uncertain Future, and Failure
Links for the day
[Meme] Write Code, Not Social Control Media
don't forget to 'like'
Links 09/12/2024: UnitedHealthcare C.E.O.'s Killer Still Unknown, Syrian Regime Change Completed
Links for the day
Site in Support of Richard Stallman Reminds People of the FSF's and Stallman's Support of Women
new updates
Microsoft: Target the Young (Get 'Em While They're Young)
Then they say Free software advocates are "extremists" and "rude"...
As of December 8th (23 Days Remaining), the FSF (Free Software Foundation, Inc.) Already a Third of the Way Toward Ambitious Funding Goal
FSF's memberships (or donations) drive is going a lot better than we anticipated
Why Mike Magee Created and Was Involved in So Many News Sites About Technology
British legend
In Memory of Mike Magee (1949-2024) and Our Best Wishes to The Register, Which He Founded in the 1990s
Months have passed since Magee died
Tunisia is Android, Windows is Waning There
Windows was measured below 20% in Tunisia
[Meme] Jeff Bezos Working From Home
"B**** please, publish articles in Washington Post about how working from home sucks"
'Remote' (From Home) Tech Workers Are More Productive for a Lot of Reasons
The Bezos-owned media should disclose its conflict of interest here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 08, 2024
IRC logs for Sunday, December 08, 2024
No Wonder Microsoft's LinkedIn and Github Have So Many Layoffs, Permanent Office Closures
Traffic down, losses, probably never going to profit
Microsoft Ends Support for Vista 10, So Relative Share of Vista 10 Goes Up, Vista 11 is Down
For 2 months in a row already
When Python is Basically Run by a 'Microsoft-Friendly' Mole Who Ousts People That Actually Contributed a Lot to Python for Many Years
Removing some of the best people
Microsoft's Latest 'Novel' Approach, Trying to Prevent People Moving Away From Microsoft and From Windows
ads say a lot about their business strategy
Syria: Microsoft Windows Down to 8% "Market Share" (It Was 99% Just 15 Years Ago)
it was even measured at less than 5% earlier this year
Microsoft-sponsored "The New Stack" Publishing Microsoft Windows Articles in "Linux" Clothing
Just sayin'...
Links 08/12/2024: Boeing Leaks and Bluesky’s Business Model Dilemma
Links for the day
Gemini Links 08/12/2024: UK Winds and Ultraviolet Grasslands (UVG)
Links for the day
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024