Bonum Certa Men Certa

Judge Pauline Newman Sides With Microsoft in PTAB Petition (Case Appeal) Against Patents of a Company It's Alleged to Have Copied

Nevertheless, Microsoft has lost the case, yet again (IPR2014-01457, IPR2014-01458, and IPR2014-01459). It is costing Biscotti Inc. a lot of money in legal fees.

Judge Pauline Newman



Summary: Microsoft fails to stop Biscotti (not a troll), whose patents are being leveraged in the Eastern District of Texas

THERE is truth and then there's myth. Sometimes the myth, if pushed stubbornly enough into the public consciousness, becomes more popular than the truth. Case of point: Microsoft.



Don't ever buy Microsoft's propaganda about "respecting patents" (they say "intellectual property" [sic] to further obfuscate/mislead). The company's long history on this, as sometimes demonstrated in the courts, suggests that the company takes other people's (or companies') patented ideas and flagrantly copies everything. The latest case of point? HoloTouch.

"Don't ever buy Microsoft's propaganda about "respecting patents" (they say "intellectual property" [sic] to further obfuscate/mislead)."HoloTouch got mentioned by Watchtroll the other day. Microsoft is alleged to have bought a company that was a ripoff artist (Microsoft sacked the HoloLens staff after taking over the company). Watchtroll wrote: "HoloTouch’s allegations of patent infringement center around Microsoft’s HoloLens HMI which incorporates a holographic computer into a wearable headset. The holographic experience in a HoloLens is implemented both through high-definition semitransparent holographic lenses as well as spatial sound technology including an inertial measurement unit, an ambient light sensor, one camera for measuring depth and four “environment understanding cameras;” the spatial sound technology works in concert to process information about a user’s environment and how the user interacts with that environment. As HoloTouch notes, a user may interact with the HoloLens unit in multiple ways by providing gaze or gesture inputs, one form of gesture input being known as an “air-tap.” Such air-tap gestures allow users to interact with a holographic keyboard application displayed in the user’s viewing environment. Microsoft provides source code for incorporating the holographic keyboard into apps which are being developed for the HoloLens platform."

"Microsoft's patent policy is not consistent; the only consistent thing about it is that patents asserted against Microsoft are "wrong" and patents that are used to blackmail Linux devices are "just"."This isn't about software patents, but it's noteworthy in light of Microsoft's pattern of ripping everyone off and then painting oneself as a victim of "pirates" or "patent thieves".

A few days ago Microsoft advocacy sites and a few other sites [1, 2, 3] attempted to portray Microsoft as some sort of a phones champion. "Microsoft explains why a foldable phone makes sense," said the headline from one Microsoft site, alluding to a new patent. But Microsoft does not even have a phones business anymore. It's dead. Trolling Android OEMs is the 'best' Microsoft can do with such a patent.

Microsoft's patent policy is not consistent; the only consistent thing about it is that patents asserted against Microsoft are "wrong" and patents that are used to blackmail Linux devices are "just".

"Biscotti is less than a decade old and it is not a troll."Judge Pauline Newman was mentioned the other day in relation to a Microsoft case. It was about patents that Microsoft alleged should not have been granted; Newman's court once again supports PTAB's decision (as it does about 80% of the time) and this was noted by various people, one of whom said: "Microsoft 12/28/2017 IPR Fed. Cir. panel (per O'Malley) affirms PTAB finding that claims not anticipated by prior art. Interesting dissent by Judge Newman, arguing that claims were unpatentable "under the most rigorous application of the law of anticipation.""

"Dissent by Judge Newman," wrote another person as ""The claims at issue are “anticipated,” under the most rigorous application of the law of anticipation."

"Never fall for the illusion of a kinder, gentler, 'new' Microsoft. The company is already debunking its very own myths; it's always eager to use patents to crush its competitors and when patents are used against Microsoft the company will use its deep pockets to drive the plaintiff out of money (or out of patents, using IPRs)."Here's more from the same person: "Microsoft v Biscotti FedCir 12/28 affirms PTAB, which upheld patentability of B's videoconferencing system patent in 3 separate IPRs. 41 pages on anticipation ("close case"; no "immediately envisage"; disparate disclosures in ref). Reaffirms anticipation is fact q; SOR=subst evid

This decision is, according to another person, "PRECEDENTIAL" and it can be found here. The date on it is Thursday, i.e. two days ago. Alice is not mentioned at all (nowhere in this decision, not even Section 101). Here is the part about the dissent:

NEWMAN , Circuit Judge, dissenting.

I respectfully dissent. The Kenoyer reference describes the same invention that is claimed in claims 6 and 69, the only claims of Biscotti’s ’182 patent that are reviewed by the court. These claims recite no new components or functions or technology; they directly read on, and are anticipated by, the prior art system described in the Kenoyer reference.

As I shall illustrate, every claim clause is shown in Kenoyer. Every claim component was previously known, and performs the same function in the same way in the same combination. The claims at issue are “anticipated,” under the most rigorous application of the law of anticipation.


Biscotti is less than a decade old and it is not a troll*. But Microsoft will certainly do anything it can to demonise Biscotti and evade justice, just like it did against i4i about a decade ago.

Never fall for the illusion of a kinder, gentler, 'new' Microsoft. The company is already debunking its very own myths; it's always eager to use patents to crush its competitors and when patents are used against Microsoft the company will use its deep pockets to drive the plaintiff out of money (or out of patents, using IPRs). _____ * It is a young company, based on Texas, formed and run by technical people.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day