Bonum Certa Men Certa

Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

Summary: A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption

THE previous post spoke about misleading coverage which would have us believe there's a software patents rebound in the US. There is none of that, it's just wishful thinking.



According to this new Slashdot post, linking to a report already mentioned in our daily links, in spite of the huge number of payment technology software patents being crushed (about 90% of them!), Accenture (somewhat of an evil and manipulative Microsoft ‘proxy’ in the UK) rushes for software patents in that area. As we noted here a few months ago, patents in this area are a growing cause for concern because they can undermine innovation. Things like Bitcoin and even Free/Libre Open Source software are affected profoundly. It's not necessarily companies like Accenture and Microsoft that sue, but Microsoft has many patent trolls out there. Those trolls are no longer just a problem in the US; even in east Asia's markets they are a growing problem or an epidemic (patent trolls spread there and there are new reports to that effect from publications that deny the existence of patent trolls).

Speaking of patent trolls, Joe Mullin has this new article about the latest moves from Mr. Horn. He summarised that as "Company backed by Nokia, Sony, and MPEG-LA gets a $3M verdict." MPEG-LA is a massive obstruction to Free/Libre Open Source software, for reasons we covered here many times over the years.

"MPEG-LA is a massive obstruction to Free/Libre Open Source software, for reasons we covered here many times over the years."Times are rough for those who develop software whenever software patents maintain some potency and patent trolls have an incentive to sue, not just to threaten. According to last week's post from Patently-O the "patent act authorizes district court to award enhanced damages." But only if you actually read patents, so don't. Willful infringement can induce further penalties. To quote Patently-O regarding Halo [1, 2]:

The patent act authorizes district court to award enhanced damages. 35 U.S.C. 284 (“the court may increase the damages up to three times the amount found or assessed”). In Halo v. Pulse, the Supreme Court held that the statute grants district courts discretion in awarding enhanced damages – although noting that the punitive damages should ordinarily be limited to egregious infringement – “typified by willful infringement.” In rejecting the Federal Circuit’s Seagate test, the Court held proof of “subjective willfulness” is sufficient to prove egregious infringement. “The subjective willfulness of a patent infringer, intentional or knowing, may warrant enhanced damages, without regard to whether his infringement was objectively reckless.” Halo at 1933. As with other punitive damage regimes – proof sufficient for an award does not necessitate such an award. In patent cases, punitive damages remain within the discretion of the district court even after sufficient evidence establish the egregious behavior.


Another interesting article from Patently-O speaks about obviousness and prior art, along the lines stating that:

In response to being sued for patent infringement, Apple filed for inter partes reexamination of ClassCo’s Patent No. 6,970,695. That litigation (originally filed in 2011) has been stayed pending the resolution here. Although the patent had survived a prior reexamination, this time the Examiner rejected the majority of the patent claims as obvious; the PTAB affirmed those rejections; and the Federal Circuit has now re-affirmed.

The patent relates to a “caller announcement” system that uses a phone’s speaker (rather than screen or separate speaker) to announce caller identity information. The system includes a “memory storage” that stores identify information being announced.

The examiner identified the prior art as U.S. Patent No. 4,894,861 (Fujioka) that teaches all of the claimed elements (of representative claim 2) except for use of the phone’s regular audio speaker (rather than a separate speaker) to announce a caller’s identity (claimed as the “audio transducer”). A second prior art reference was then identified as U.S. Patent No. 5,199,064 (Gulick) that taught the use of the audio transducer for providing a variety of call related alerts.


What's interesting here is that Apple, which uses software patents against rivals (including against Linux/Android), suddenly fancies invalidating one. Had there been no software patents, none of this mess would be necessary. Moreover, no money would flow into the pockets of patent law firms at the expense of developers and people who purchase products.

Recent Techrights' Posts

EPO General Consultative Committee (GCC) Agenda: Reduction of Staff's Salaries (Compared to Inflation)
knocking salaries down some more
What's 4Chan and Why It's So Problematic
Incels and losers converge around online echo chambers
Python is Attempting an Outreach to African-Americans, Microsoft Lunduke Has a Problem With That
Did he manage to brainwash himself into this ideology wherein bigotry is in fact tolerance, inclusion, equity?
IBM is Googlebombing Its Way Out of Trouble and Criticism
IBM is a dying giant
After Denial (of the Issues) Comes Censorship
Every critic of the status quo is "racist" and every criticism is "racism"
Intel, Facing Mass Layoffs (Including Many Key Engineers Who Work on Linux Kernel), is Pushing for Slop Inside Linux
replacing proper, well-tested code (and documentation thereof) with slop
More People Want to Quit Windows (Vista 10 is "End of Life"), Restricted Boot (UEFI) Makes That Harder
It's widely agreed (a consensus) that Restricted Boot is a bad thing for GNU/Linux
How We Managed to Make IRC Inclusive and Free Speech-Tolerant Without Banning People
People in IRC seldom agree on everything, more so if politics are aired and especially in the wrong context/s
Germany-Based Focus Online is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office
More contact details for the German press - Focus online
Photos From Richard Stallman's Talk in Argentina Earlier Today (Remote Talk)
Dr. Stallman's talk went ahead
 
Spanish Focus Coming Soon and Maturity of Site Search
We'll soon be focusing on Spain
Slopwatch: LLM Slopfarms Seem to be Slowing Down Somewhat
LLM addiction is a very unhealthy addiction
The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
Thailand: Windows Down Sharply, Microsoft Loses Share to GNU/Linux
the Thai economy is strategic and relatively important in the region
Gaming Journalist and Guru Jason Schreier Says Microsoft is Indeed Behaving Like It Exits the Console Market
Remember that many shops no longer sell or stock XBox
Links 17/11/2025: ‘Agentic OS’ Backlash and Facebook ('Meta') Loses Yann Le Cun
Links for the day
Gemini Links 17/11/2025: Technology's Harm in Schools, 3D Printer Blurb
Links for the day
Coming Soon: EPO Trip in Spain
António Campinos being 'Marcosed'
Links 17/11/2025: "You Don't Need Animations" and Blocking Copyright-Infringing Sites Inevitably Goes Wrong
Links for the day
The Register MS: Slop is "FOMO" (Fear of Missing Out), FOMO is Funding Us
even former management (Editor in Chief of The Register MS) admitted to me it was aware of this issue
Difficult to Win Arguments When the Simple Facts Are Not on One's Side
Starting arguments over things when you know the facts (unlike money!) aren't on your side is a dumb move that can only ever result in severe loss of credibility
Tribalism Injures Projects
In Free software communities, there are many species and "breeds". Some developers are happy to work with everyone else based upon technical merit
No, There is Nothing Impressive About Slop Plagiarism-Enabled, Computer-Generated Images in Your Web Site...
When people use slop they do not broadcast an embrace of innovation; they merely signal they're lazy, unethical, and unscrupulous
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 16, 2025
IRC logs for Sunday, November 16, 2025
IRCNow Helped Techrights
If you want to gain more independence or "sovereignty" over your communications and need help setting things up (no prior experience setting up/configuring IRC), go to IRCNow
UEFI 'Restricted Boot' Will Usher in Rootkits Into Linux
Those of us who understand and value what it means to truly own our devices should definitely be alarmed by these trends
Plan for European Patent Office (EPO) Coverage This Month, Next Month, and Next Year
How much longer can European politicians ignore all this corruption?
opensource.net Dead Since Middle of Summer, opensource.org (OSI) Still Leaderless
At the moment the brand "Open Source" is misused so heavily that we have considered adding a new category to our Daily Links, focusing a lot less on "Open" and more on software freedom as a concept
Slopwatch: Google News Full of Slop
Google News has serious problems
Gemini Links 16/11/2025: The Cure for Slop, Rapsberry Pi Zero 2 W, and POSIX from Ada
Links for the day
NHS Data Breach Caused by Proprietary Software, as Usual, The Register MS Blames "Hackers" and "Cybercriminal Gang"
Nothing will get solved unless we have a rethink and media quits using the "hacker" narrative, which shifts blame from the holes to those who merely exploit them
IBM is Vanishing (First Moving, Then Going Away Completely)
Salary reduction is only the first step
Links 16/11/2025: Japan-China Tensions Grow, Surveillance Giant Google Checked for Breach of the Digital Markets Act (DMA)
Links for the day
Links 16/11/2025: Censorship Battles and Margaret Sullivan Speaks
Links for the day
German Media and German Politicians: Working for the Public or Manipulating the Public?
The "common person" does not have printing presses
Informing the Public of Suppressed Facts
We are all in this together
Canadian Linus Meets Finnish-American Linus
LTT does have a very large audience, which it can steer away from Microsoft and Windows
The UK's Online Safety Act (OSA) Discourages Technological Entities, Including Free Software Projects, Being Based in or Near the UK
When it comes to IRC hosting, we never had any serious speech restrictions imposed upon us by the UK
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 15, 2025
IRC logs for Saturday, November 15, 2025
Father of GNU Giving Keynote Talk Today, Father of Linux Collaborating With Linus Tech Tips (LTT)
Some time soon we can expect Linus Tech Tips (LTT) / Linus Media Group / Linus Gabriel Sebastian to produce something with Torvalds
Gemini Links 16/11/2025: Emacs Font Fun and UI x TUI x CLI
Links for the day
Flagging or Labelling LLM Slop Meaningfully to Discourage the Practice
We're still refining the annotation for better contrast
LLM Slop is an Addiction One Can Quit
Sites that crossed over to "the dark side" (slop) can still return, and even fully regain the trust lost by betraying people with 'botspew'.
BILD is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office, as It's Based on Germany
Journalist contact details
Techrights Site Search Pushed to 'Stable'
we've just added it to the navigation menu and footer
Situation Publishing's DevClass (Sister Site of The Register MS, Run by MS Tim) Has Been Abandoned, Microsoft's MS Tim Now Interjects Anti-Linux Directly Into The Register MS
Not only does this sell Microsoft; it's also googlebombing - as before - the real "maui" (or "MauiKit" in Linux).
Many IBM Workers to Become Unemployed a Few Weeks - Maybe Just Days - Before Christmas
as one last humiliating exercise IBM pimps/trots them out in social control media, telling "happy" stories
Slopwatch: LinuxSecurity, WebProNews, and Linux Journal (Slopfarms)
More fake articles about "Linux"
Links 15/11/2025: Openwashing of Kubernetes and Austerity Planned for Canada
Links for the day
Links 15/11/2025: "Small Web, Big Voice" and China Cracking Down on Slop
Links for the day
Links 15/11/2025: Science, Conflicts, and International Politics
Links for the day
Annus Horribilis at the European Patent Office (EPO)
The article explains how the EPO "Cocainegate" scandal is turning 2025 into an Annus Horribilis for Campinos
Links 15/11/2025: Latest in "Component Abuse Challenge" and Qt Keeps Promoting LLM Slop
Links for the day
Gemini Links 15/11/2025: Egoism, Misunderstood Universe, DeX, and "Why desktop Linux is growing"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 14, 2025
IRC logs for Friday, November 14, 2025
Richard Stallman Talk Tomorrow in Ethereum Cypherpunk Congress 2
It's not clear if a livestream of some kind will exist
Many "Last Days" at IBM on Allegedly the "Last Day" for IBM to RA People This Quarter
"Last day" is "social media code" for "got laid off", more so at IBM because they compel people to act like it's a happy departure with gratitude, photos and so on