Bonum Certa Men Certa

Patents Roundup: Metaswitch, GENBAND, Susman, Cisco, Konami, High 5 Games, HTC, and Nintendo

We already know who's always winning: patent lawyers



Summary: A look at existing legal actions, the application of 35 U.S.C. €§ 101, and questionable patents that are being pursued on software (algorithms or "software infrastructure")

In Maxon v Funai, as we've just noted, software patents show weakness at the highest level bar the Supreme Court. This impacts USPTO guidelines.

In relation to the Metaswitch-GENBAND patent dispute, which is a longterm issue, a little more than two years ago we said that "Patent Lawyers and Judges Don't Understand Software Development". It's pretty clear that only lawyers would gain from this dispute. Here is a new article on this subject:

As the communication and collaboration environment grows increasingly competitive, it seems that everyone is trying to innovate. In a quest to be more disruptive, intuitive, and compelling, some companies may even accidentally step on the toes of their competitors. Unfortunately, even the slightest issue can lead to a huge storm of legal problems – particularly when patents are involved.

In January 2016, a jury in the District Court for the United States discovered that Metaswitch was infringing on approximately 7 different GENBAND patents. GENBAND – now Ribbon Communications, obviously responded to this issue quickly, working to ensure that they maintained their position as a 2015 CNBC disruptor, and leader in real-time communications.

[...]

During the trial, GENBAND showed evidence that Metaswitch products were dipping their toes into a selection of patents, including 7,990,984, 7,184,427, 7,047,561, 7,995,589, 6934,279, 6,885,658, and 6,791,971. The products that were found to infringe on GENBAND technology included those in the Integrated Soft switches collection, Session Border Controllers, Call Feature Servers and a range of Universal Media Gateways.


How many millions of dollars have already been spent (wasted) on lawyers? Also consider the longterm Arista-Cisco patent dispute, which severely damaged Arista's business (whereas Cisco is large enough to cope; it even has its own dedicated legal/patent department). Here's a new article about Cisco's latest peril (Susman):

A small inventor-owned software company backed by a powerful law firm are taking on Cisco Systems Inc. over alleged patent infringement. Los Gatos, California-based NetFuel Inc. sued Cisco on Friday,


It's a "software company," so one can imagine that "backed by a powerful law firm" it's just going to try to win the jackpot by asserting software patents against Cisco. Will it win or just go bankrupt trying to win (without success)? Whatever happens, the law firm will gain financially. As we stressed in our previous post, having a software patent is just the first step; defending such a patent inside a courtroom is another matter altogether, especially when fighting against large companies (like Cisco) that can appeal to the Court of Appeals for the Federal Circuit (CAFC) if not the Supreme Court, too.

Case of point?

Konami Gaming, Inc. v High 5 Games, LLC. Covered by Joseph Herndon the other day, he summarised the case as follows: "Slot Machine Patent Invalidated As Being Directed to Ineligible Subject Matter"

In more details:

The '869 patent describes that there is provided a gaming machine arranged to display a matrix of symbols containing elements: each column of the matrix comprising a portion of a simulated rotatable reel of the symbol containing elements, and each of the symbol containing elements of at least one consecutive run of the symbol containing elements of at least one reel is caused to display an identical symbol. Preferably, the identical symbol is selected by a game controller from a subset of available symbols. Figure 1 of the '869 patent, reproduced below, shows a gaming machine with a display having a matrix of elements and symbols comprising portions of simulated rotatable reels.

[...]

Moreover, the Court did not agree that the mere configuration of a consecutive run of symbols in one simulated reel represents something more than changing the rules of the game. A generic slot game, as noted by experts in this case, has ever changing symbols selected at random. Realigning and altering the display of symbols on simulated spinning reels is the very essence of the generic slot game. Changing how often a symbol appears and where it appears in a slot game without more is simply altering the manner of display of random symbols -- i.e., changing the rules of the game. Changes to game rules of a generic slot machine using conventional technology are not patentable.

The Court noted that the '869 patent was allowed inter alia because it disclosed an alleged unique method of random selection -- virtual spinning of a notional non-visible inner reel. However, a review of the specification and asserted claims indicates that the inventor never actually provided the structure or programming for this process. Consequently, Konami cannot establish that this selection process represents an inventive concept or new technology (or selection process) directed to a generic slot game.


This is arguably a software patent (we say arguably because it's a game on a machine) and it's one of so many that perish, sometimes even in district courts (Nevada's in this case), not CAFC.

Here's a new example involving HTC (from Taiwan). In Local Intelligence, LLC v HTC America, Inc. the court (a low court, district court in California) said that "refreshing a phone's display" is not abstract, but let's see what CAFC says if it does. From the article:

Earlier this month, the U.S. District Court for the Northern District of California ruled that claims related to refreshing a phone's display are patent eligible under 35 U.S.C. €§ 101.


€§ 101 is being attempted here, but whether it's suitable or not remains (potentially) to be decided by a higher court.

And while on the subject of patents on games, watch what Nintendo is doing. As reported several days ago, "the patent is for the software infrastructure, not for new hardware," so it certainly sounds like software. From the article:

While some have been speculating that this hints at a new console in the vein of the 3DS, there’s nothing in the language to indicate as such — the patent is for the software infrastructure, not for new hardware, so it could just as easily be for a mobile game or some kind of fancy Switch title (or even some sort of interconnectivity between the two, à la Jackbox Party Packs).


Historically, Nintendo found itself on the receiving end of many patent lawsuits in the US. To name some recent examples that we covered:



Let's hope Nintendo only intends to use such patents 'defensively' (in response to patent aggression).

Recent Techrights' Posts

Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
 
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day
Slopwatch Appreciated by Real Authors of GNU/Linux Articles
We do try to keep on top of those things
Upgraded R.R.R.R.R.R. Today
The Web of 2025 is full of garbage, not limited to slopfarms
Freedom From Proprietary Prisons
Forking always an option
IBM's Watson Died in 1956, Now Watson Dies Again
IBM is becoming just a reseller of GAFAM and other stuff
Slopwatch: LinuxSecurity, UbuntuPIT, and Google News
We've also just noticed more slop from UbuntuPIT
Microsoft Says That Constant Mass Layoffs Are Success, the Media Isn't Buying This Microsoft Narrative Anymore
If people in the media feel an obligation to repeat whatever lies Microsoft tells, what point will there be to the media?
Links 08/10/2025: "Mali Puts Free Speech on Trial" And Apple Enforces Dictatorship
Links for the day
Links 08/10/2025: ‘Death to Spotify’ and Law to Ban Loud Commercials on Streaming (Dis)Services
Links for the day
Links 08/10/2025: Real Innovation and Nina.chat is Dead
Links for the day
Links 08/10/2025: Y2K38 Bug is a Vulnerability, Chat Control in Europe a Threat
Links for the day
Microsoft Windows is No Longer an Operating System, It's Surveillance Project
Why is this even legal to preload on PCs outside the US?
How and Why Once-Legitimate Sites Turn Into Slopfarms
Many sites will go offline and many social control networks will shut down once they realise or even openly admit they spend money and time gardening a bunch of bots and slop
UbuntuPIT Became a Slopfarm and Gnoppix Tarnishes Its Own Brand With Slop
It fits all the characteristics of mildly-edited (if at all) slop
Slopwatch: Linux Journal and Other Slopfarms
GAFAM needs to go the way of the dodo
Gemini Links 08/10/2025: "Seek Seek Revolution" and Gradient Backgrounds
Links for the day
Qualcomm Arduino Takes Aim at Raspberry Pi
Qualcomm is a Microsoft partner
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 07, 2025
IRC logs for Tuesday, October 07, 2025
Stagnation of the Economy and What Free Software Can (or Could) Do For It
If your economic model is based on a pyramid of lies, it won't last very long
Social Control Media is Sinking
it would rightly seem like the era of centralised "social" sites (they're not social, they're about controlling the users) is ending, not overnight but gradually