Bonum Certa Men Certa

Patents Roundup: Federal Circuit, Domino's Pizza, Roku, and W3C Patent Policy

Hello



Summary: A potpourri of coverage regarding patents, assembled over the past week in an effort to highlight trends and developments

THE USPTO has reluctantly become a battleground between people who care about science and people who just care about litigation. Don't fall for the recent media scam that frames it as a rift between "tech" and "pharma". It's nothing like that at all.



Recently, the Federal Circuit reaffirmed that patents are not just a corporate welfare system. As Patently-O put it last week:

Normally, patent infringement liability stems from an infringer using all-elements of a claimed invention. However, a quirky provision found in 35 U.S.C. 271(f)(1) creates liability for exporting some components of a patented invention. Particularly, the statute requires export/supply of “a substantial portion of the components.” In its 2017 Life Tech decision, the Supreme Court interpreted this provision — holding that: export of a single component of a multicomponent invention could not meet the “substantial portion” threshold requirement. Namely, one component cannot be a “substantial portion of the components.”

On remand, the Federal Circuit has issued a new opinion in the case — this time affirming the district court judgment that patentee (Promega) failed to prove infringement under 271(f)(1) as required by the Supreme Court decision.

One problem with this analysis though – according to Promega is that – for some of the infringing kits, “it was undisputed at trial that LifeTech supplied more than one component. . . Taq polymerase and primer pairs.” In a footnote the Federal Circuit dismissed this argument – finding that Promega had not proven particular damages regarding these 2-component exports and thus had no right to collect any damages for the infringement.


Words like "damages" are misleading. They're a misnomer. It's like calling patents "assets", "property" and so on. Words like "owned" or "stolen" are also frequently misused. How about "Intellectual Property" or "Intellectual Property Rights" (IPR)? Complete nonsense. Proprietary software for patent maximalists (only available to 'customers' of Apple and Microsoft) has just been described as "Much-Needed Tools for Inventors to Protect Intellectual Property" and this page is so filled/saturated with buzzwords and misnomers that it's ludicrous. Yet this is the type of stuff that has shown up in the news this past week...

"Words like "damages" are misleading. They're a misnomer. It's like calling patents "assets", "property" and so on. Words like "owned" or "stolen" are also frequently misused."What else did we see? Watch this patent trial update from CBS and pay attention to what's at stake. We did not read the individual patents, but it certainly sounds to like software patents which should be null and void. To quote a portion:

The Federal Court of Australia has postponed a patent infringement trial between Domino's Pizza Enterprises and Precision Tracking, with the presiding judge agreeing that in the interest of fairness, additional time should be provided to Domino's to prepare for the trial.

Precision, a small Chippendale, Sydney-based technology company claiming to be the creator of the Domino's GPS driver tracking system, initiated legal proceedings for alleged infringement of innovation patents filed in October 2014 and August 2015.


Precision, based on its Web site, is definitely not a patent troll. There is an actual product, but Australia does not permit patents on software and this might become an issue/liability to Precision. We are not against patents as long as they are not covering abstract ideas (like algorithms/mathematics). There are plenty of things we do not bother scrutinising.

"SecureLogix Corp.," according to this, "filed a patent for a biometric authentication system for mobile and real-time communication." This might be a software patent, but closer scrutiny is needed (of the patent and respective product). There are new examples from Apple, from MyDx, from Flex Logix [1, 2] and from Medicrea which certainly seem strictly connected to physical and inseparable devices. So these will likely be fine. Compare these to this press release [1, 2, 3] which is itself admitting "processing technology and software patents" (in a country where these are not allowed). "Element Data, Inc., a decision support software platform that harnesses artificial intelligence and machine learning has acquired the assets and six patents of Auguri Corporation," it says. How many of these patents are pure software and thus invalid (or to be unvalidated if tested in court)? These patents are software patents and thus worthless.

In other news, Nexenta issued a press release [1, 2] in which it boasted 50 patents and PhishMe [1, 2] said that litigation recently resulted in a settlement. The case in the "District of Delaware will be dismissed, and the proceedings pending at the United States Patent and Trademark Office will be terminated," it said. They got a licence agreement.

Speaking of licence agreements, Roku and TiVo look as though both -- not just TiVo -- will resort to patent aggression. Based on this post from last week:

Last month, Roku Inc. debuted on the NASDAQ, with its shares skyrocketing 67% from its IPO price at $14 per share. Over the last few weeks, Roku’s stock has continued its ascent, most recently closing at just shy of $40 per share. The company operates a television streaming platform, and allows users to personalize content, and also monetizes its service through ad-supported channels. With the streaming video space becoming increasingly competitive from dominant players such as as Netflix, Apple TV, Google Chromecast, and Amazon’s Prime Video and its Fire TV Stick, Roku faces stiff competition in terms of user acquisition. Envision IP analyzed Roku’s US patent portfolio to understand the extent of its intellectual property focus, as well as how the company is innovating its platform to differentiate itself from the competition.

[...]

That being said, Roku recently inked a multi-year patent agreement with TiVo, where Roku obtained a license to thousands of Rovi and TiVo patents. While the specific terms of the deal have not been disclosed, in the event that Roku has been granted defensive assertion rights, it may not need to rely heavily on third-party patent acquisitions to bolster its defensive patent portfolio. To that point, we did not identify any instances where Roku has asserted any of its patents, either offensively or defensively (via a counter-suit in response to being sued by a third-party), as of the date of this research.


As a reminder, Rovi is connected to Intellectual Ventures, the world's biggest patent troll.

Sadly, a lot of decent things are becoming patents-saddled. The other day the W3C released this statement:

In accordance with the W3C Patent Policy, W3C has launched a Web Payments Working Group Patent Advisory Group (PAG) in response to disclosures related to specifications of the Web Payments Working Group; see the PAG charter. W3C launches a PAG to resolve issues in the event a patent has been disclosed that may be essential, but is not available under the W3C Royalty-Free licensing requirements. Public comments regarding these disclosures may be sent to public-wpwg-pag@w3.org (public archive). Learn more about Patent Advisory Groups.


We have been writing about the W3C Patent Policy for nearly a decade. They have not yet screwed up on patents like they did on DRM and other controversial matters. We hope it remains this way because any patents pertaining to the Web would definitely be software patents.

Recent Techrights' Posts

Claim That Finance and HR at IBM Already Work on the Next Wave of IBM Layoffs, Media Silence Persists
The media is still telling misleading nonsense about IBM layoffs (like some fantasy about 'rehiring' thousands for "AI")
Claims of More IBM Layoffs a Week Before 'Christmas Week'
Of course, as usual, nobody in the media says anything
GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
The Register MS Has Just Been Paid to Promote the Ponzi Scheme Some More ("AI" Keyword Stuffing)
This won't end well for The Register MS
Perpetuating the Lie of "No Red Hat Layoffs" Because of the Bluewashing (Red Hat Became Just "IBM")
Many Red Hat employees were pushed out and/or removed lately
 
EPO People Power - Part XIV - EPO Management Living in Fantasy Land
wrongly assumes that any crime committed by the EPO will always be brushed aside
Secret Code is Undesirable
If someone wants you to use proprietary software, say no. Secret code is even worse.
Google News Still Has an LLM Slop Problem (With Slop Images Too), But Google Itself is a Pusher of Slop
If Google keeps shilling and selling slop as "AI", and moreover if people keep hating slop (there's growing awareness of this problem), then at the end Google will suffer greatly
Gemini Links 16/12/2025: Bingo Card and i586 in 2025
Links for the day
Links 16/12/2025: Security and Conflict (No Territorial Concessions in Ukraine)
Links for the day
With Half of December Over, FSF Two-Thirds of the Way Towards Funding Goal
If you can share some money this month, the FSF should be a priority
A Lot of People Don't Want "Smart" (Things That Spy, Stop Working, Cannot be Repaired Easily)
They also don't want slop disguised as "intelligence"
Links 16/12/2025: More GAFAM (Now Amazon) Layoffs and iRobot Chapter 11
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 15, 2025
IRC logs for Monday, December 15, 2025
Wrapping Up and Ending "Slopwatch"
An "end-of-life" improvement
Gemini Links 15/12/2025: How We Lost Communication to Entertainment, Dichotomy Between the Real and the Digital
Links for the day
The New Chief Editor at The Register MS is a Microsofter, Now They Increase Microsoft Coverage and Add Microsoft Slant to 'Linux' Coverage
Did Microsoft pay some more?
IBM Layoffs in India and IBM's CEO Spins His Lack of Market Share as a Strength
If this leadership carries on, the only red left at IBM won't be Red Hat but a red stain
Links 15/12/2025: "Life in Prison" for Criticising China, Tikhanovskaya Says 'Pressure Works'
Links for the day
Due to 'Secure Boot' (An Anti-Security Measure, a Kill Switch) Computer Users Are Afraid of GNU/Linux
This is what Microsoft wanted
'Crypto' 'Currencies' Are a Ponzi Scheme. So Is "AI". Both Destroy the Planet, Not Just the Economy.
Believe it or not, millions of these GPUs just sit there boxed, unopened, unconnected, unused
Microsoft Colonialism in Africa is Not Sustainable
Microsoft's situation in Nigeria is not
EPO People Power - Part XIII - If the EPO's Chief Propagandist (Berenguer) Told the Police He Was a Spanish Tourist (or Similar) or That He Does Not Reside in Munich, Then He May Have Lied to the Police (in Addition to Doing Cocaine in Public)
Lying to the police in Germany is a criminal offense
Links 15/12/2025: Chromebooks as Work Machines, "Americans [Who] Moved to Australia" to Avoid Cheeto
Links for the day
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system
Links 14/12/2025: "Chile to ban smartphones in classroom" and "Portugal updates cybercrime law to exempt security researchers"
Links for the day
Gemini Links 14/12/2025: "GUI TUI CLI" and EmacsConf 2025 Video
Links for the day
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025