Bonum Certa Men Certa

Apple v Samsung Dominates the News, But Samsung Has Just Taken on MPEG-LA Using PTAB Inter Partes Reviews

Bin of Software Patents



Summary: Samsung is attempting to trash multimedia patents (HEVC), which are essentially software patents, but the media is focused on the Supreme Court's refusal to revisit software patents in Apple v Samsung

THE MPEG patent cartel is a subject we wrote many articles about, especially around 2010. It's not only a barrier to Free/libre Open Source software but to every small company. It's a thicket of software patents which miraculously took hold even in countries that had already banned such patents. Korea is one of those countries and it seems as though Samsung is finally fed up with this cartel. As IAM put it this week, "Samsung targets fellow pool member’s HEVC patents as dispute escalates" and here are the details (with the obligatory pro-trolls bias/slant):



A fight between Samsung Electronics and a fellow member of MPEG LA’s HEVC patent pool escalated late last month as the Korean tech giant launched four inter partes reviews (IPR) against patents owned by Ibex PT Holdings. All of the patents targeted by Samsung are a part of the HEVC pool, which relates to video compression technology used in 4K HDTV and other video formats.

Samsung brought two IPRs against Ibex late last year, both of which were denied institution, but significantly ramped up its fight in October filing two reviews at the start of the month followed by the more recent quartet of filings. The company has brought a total of eight IPRs against three patents owned by its fellow HEVC pool member.

It is very unusual for pool members to target each other’s IP in this way. The standard practice is for each licensor in a pool to receive licences to all of the patents owned by the other pool members so they don’t pose an assertion risk. Therefore moving to invalidate another pool member’s IP suggests that Samsung is frustrated that Ibex continues to receive a slice of revenues on patents that the Korean company clearly feels shouldn’t have been granted in the first place.


These four inter partes reviews will help demonstrate the value of PTAB, which we shall cover separately (lots happening there this week). Can these SEPs (standard-essential patents) be tackled once and for all? There are probably too many pertinent patents in there for that to be achievable, but one can help. Pretty much all of these patents would be software patents, which Alice renders invalid.

Speaking of SEPs, ITC has been getting involved, according to IAM which wrote:

You just don’t get injunctions in cases relating to standard essential patents in the US, do you? Absolutely not, in almost all circumstances. However, during a presentation at last week’s IPBC Asia in Tokyo, Vinson & Elkins partner John Fuisz drew delegates’ attention to a recent initial determination in an ITC case that might lead to that changing. In the Matter of Certain Magnetic Data Storage Tapes and Cartridges Containing Same – involving Japanese companies Sony and Fujifilm – has opened the door to the possibility, in some circumstances, of SEP owners being able to use the commission as a forum through which to obtain injunctive relief.


SEP injunctions (embargoes) -- more so than SEPs themselves -- are seriously unjust. But these are the sorts of things IAM likes to promote, even in its events in Asia (like the above). That's all about agenda and it's pretty clear whose. Sadly, a lot of media that covers patent matters is just marketing and lobbying. Here's a new example of a fake article, an advertisement disguised as "news" for a firm that represents patent trolls (Fish & Richardson).

In other news about Samsung, there's yet more coverage about Apple v Samsung (we wrote about it over the weekend) and people aren't happy about the Supreme Court denying intervention. We've received some long E-mails after our article about it, which basically argued that the only positive thing is Alice remaining in tact (without risk of challenge).

"Apart from the slide-to-unlock patent," said Indian press, "the case also involved the quick links patent, which covered software that automatically turned information like a phone number into an accessible link."

Software patents.

Florian Müller wrote a relatively short post about this. The half-full glass:

Samsung made a lot of headway with respect to design patent damages, and will get a new trial. In that context, the Supreme Court had granted a cert petition by Samsung and overruled the Federal Circuit. The Supreme Court might have been particularly hesitant to hear yet another Apple v. Samsung case.


In the meantime Apple has been sued for alleged patent violations again (not software). We don't suppose Apple intends to start any other (new) case against Android any time soon. Since the death of Steve Jobs not much new has happened on that front.

"We've always been shameless about stealing great ideas." ~Steve Jobs

Recent Techrights' Posts

Sheriff of Cork & Debian Edward Brocklesby or Brockelsby Street confusion
Reprinted with permission from Daniel Pocock
Who Is This Backup FOR, the NSA?
As Admfubar put it, "backups for everyone..."
Microsoft's Siege of Libya Coming to an End
One might be tempted to guess the users deleted Windows and installed something else
New Talk by Dr. Richard Stallman Published Two Days Ago By CeSIUM - Centro de Estudantes de Engenharia Informática da Universidade do Minho (Portugal)
The FSF no longer mentions Richard Stallman's talks, but we will
Name the Threats and Threat Actors
Looking back to 2006, there was Novell and gregkh (partly salaried by Microsoft), so these are familiar territories
The "Other" SPLC
You know you're winning the debate when censorship is explored
Microsoft: By Default, Destroy Linux
Here is what the very "polite" Microsoft Boccassi had to say
Perens on a Stick
Remember what Novell did and how few (barely anyone) sided with Novell
Andrew Tanenbaum Gets an Award for His Work on MINIX
ACM one week ago
Twitter's Fall to Irrelevancy in Europe
Musk bought a dud
 
Links 25/06/2024: Julian Assange Freed From Prison, "AI" Bubble Imploding Some More
Links for the day
Three Points About Julian Assange Plea Deal
There is still a secret problem
[Meme] EFF Became a 'Bunch of Pussies' Working for GAFAM (and Sponsored by GAFAM)
It won't protect people, except very rich people's interests
IBM Does Not Care for the Blind (Wayland Harms Accessibility)
What a punch in the gut
Tux Machines Past 20: Still Thriving
Now 20 years and 2 weeks old
[Meme] Microsoft is Coming /Home
"LOL, REAL SORRY!!!"
Gemini Links 25/06/2024: Old Computer Challenge; An Opinionated GNU/Linux Guide
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 24, 2024
IRC logs for Monday, June 24, 2024
IEEE Computer Society on Andrew Tanenbaum, Winner of ACM Award, Who Also Inspired Linux Development
10 years ago
FSF Looking to Raise Money by Adding 200 New Members by July 19
The FSF is in good shape, according to Alexandre Oliva
Not Only Does It Not Add Security... (UEFI as a 'Bug Door')
SecureCore?
Data From Monaco Should Alarm Microsoft
Just how many people are deleting Windows and installing something else this year?
Linux in Central Sahel (Burkina Faso, Mali and Niger)
Vast area, vast number of "Linux users" (if one counts Android as such)
[Meme] Gagging One's Own Staff as a Signal of Corporate Distress
Censorship at Microsoft
Staying the Course
censorship isn't easy against sites that understand ways to resist it
The 'All-Seeing' Microsoft Eye
Microsofters are observing us closely
Links 24/06/2024: Long COVID and "How I Write Blogs"
Links for the day
Allegations That Microsoft is Covering Up Employee Dissatisfaction and Using a Survey to Catch 'Risk' to the Cult Mentality
This favours or gradually socially-engineers a company for sociopathy
'Linux Hint' Inactive for Nearly a Month (It Used to be Very Active)
Their Twitter account hasn't been active for a long time and it's not too clear what's going on
An Unexpected GNU/Linux Trend
Burkina Faso is changing and not just politically
Android (Linux) at New Highs in Burkina Faso, Now Measured at 72% (Windows Was Measured at 98% 15 Years Ago)
based on this month's estimates
With 0.76% for ChromeOS and 3.7% for GNU/Linux (4.5% Total) Burkina Faso Approaches 5% for 'Linux'
More if one counts Android as "Linux"
Gemini Links 24/06/2024: Being Dull and OpenSSH Autoban
Links for the day
EPO Issues in The Hague
a report dated 4 days ago about a meeting that took place 12 days ago
[Meme] Garbage in, Garbage Out (EPO Patent Quality)
"Get back to work"
When the Employer Makes You Too Sick to Go to Work (New EPO Document)
"registering when you are sick"
[Meme] 'Useless' Kids of EPO Examiners
malnourished?
Granting Loads of Monopolies in Europe (to Foreign Corporations of Epic Size and Far Too Much Power Inside Europe) is Vastly More Important Than Raising European Kids Properly?
"Efficiency" first? Whose? Corporations or families? No wonder so many young families are hesitant to have any kids these days; that's particularly true in east Asia and also in north America, not just Europe
[Meme] Putin's Red Flags
Firefox ESR or Firefox USSR
The Corporate/Mainstream Media and Even Social Control Media is Distorting the Record About What Mozilla Actually Did (It Originally Surrendered to Vladimir Putin)
Mozilla being avoided for purely technical reasons (sites not being compatible with it) is one thing. Foolishly, Mozilla is giving people more political reasons to also shun Mozilla. This is suicide.
GNU/Linux Up Some More This Morning, Windows Down Sharply Even in Rich Countries
Microsoft is in trouble in the Muslim world
United Arab Emirates (UAE) Rising... Towards 5% for ChromeOS and GNU/Linux
the latest numbers show it growing from about 0.1% to around 2.4% for GNU/Linux, plus 2.01% for Chromebooks (ChromeOS), i.e. about 5% in total.
Techrights in the Coming Decade: The Free Speech (Online) Angle
Free speech is a fundamental tenet of a free society
Links 24/06/2024: New Research, New Attacks on Justices Sceptical of Patent Maximalists, European Commission for Copyright Maximalists
Links for the day
[Meme] 12 Years a Fedora Volunteer
IBM gives me a 'free' Fedora badge as recognition
IBM Slavery: Not a New Problem
When IBM got rid of Ben Cotton it showed the world how much it valued Fedora
Why They Want to Abolish Master/Slave Terminology (Because This is What They're Turned Free Software Into)
It used to be about community; GAFAM turned that into exploitation and worse
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) Version 0.2 is Released
They say summer "officially" started some days ago
Torvalds' Number Two Quit Linux a Decade Ago and Has Since Then Earned an Honorary Doctorate
Revisiting Fuzix and Alan Cox
GNU/Linux Reaches All-Time High in Tunisia
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 23, 2024
IRC logs for Sunday, June 23, 2024
Edward Brocklesby (ejb) & Debian: Hacking expulsion cover-up in proximity to Oxford and GCHQ
Reprinted with permission from Daniel Pocock
You Know the Microsoft Products Really Suck When...
"Qualcomm and Microsoft go 'beyond the call of duty' to stop independent Copilot+ PC reviews"
IBM and "Regime Change"
Change of regime is not the same as freedom
Microsoft Windows in Nicaragua: From 98% to Less Than 25%
Operating System Market Share Nicaragua
Techrights in the Coming Decade: The Community Angle
Somebody needs to call them out on their BS
Techrights in the Coming Decade: The Software Angle
Gemini Protocol has just turned 5 - i.e. roughly the same age as our Git repositories
Techrights in the Coming Decade: The Patent Angle
Next month marks 10 years since we began covering EPO leaks
Wookey, Intrigeri, Cryptie & Debian pseudonyms beyond Edward Brocklesby
Reprinted with permission from Daniel Pocock
[Meme] Choice Versus Freedom
So When Do I Start Having Freedom? Freedom is choice between the GAFAMs
Digital Liberation of Society at Times of Armed Conflicts and Uncertainty
We have technical contributions, not just written output
Links 23/06/2024: More Microsoft Cancellations, Growing Repression Worldwide
Links for the day
Gemini Links 23/06/2024: The Magician and the Hacker, tmux Tips
Links for the day
Links 23/06/2024: Twitter/X Wants Your Money, Google Reports a Billion DMCA Takedowns in Four Months
Links for the day
Digital Restrictions (Like DRM) Don't Have Brands, We Need to Teach People to Hate the Underlying Restrictions, Not Companies That Typically Come and Go
Conceptually, the hens should fear humans, not the farmer who cages them
Going Above 4% Again
Maybe 4% (or above) by month's end?
[Meme] Debian's 'Cannon Fodder' Economics
Conflicts of interest don't matter
Conviction, jail for Hinduja family, Debian exploitation comparison
Reprinted with permission from Daniel Pocock
According to Microsoft, It's Not a Code of Conduct Violation to Troll Your Victims Whose Files You Are Purging
The group of vandals from Microsoft think it's "funny" (and for a "nominal fee") to troll Microsoft critics
Microsoft Inside Debian is Sabotaging Debian and Its Many Hundreds of Derivatives With SystemD (Microsoft/GitHub Slopware With Catastrophic Bugs is Hardly a New Problem)
What is the moral of the story about The Scorpion and the Frog?
Links 23/06/2024: Hey Hi (AI) Scrapers Gone Very Rogue, Software Patents Squashed at EPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 22, 2024
IRC logs for Saturday, June 22, 2024
Gemini Links 23/06/2024: LoRaWAN and Gemini Plugin for KOReade
Links for the day