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

How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week