Bonum Certa Men Certa

US Patent Office and Patent Courts Taking a Stand Against Submarine Patents or Patent Ambushes

Should tackle evergreening similarly

Gil Hyatt
Reference: Inventor battling U.S. over patents from '70s



Summary: When patent trolls armed by Microsoft (in order to attack Microsoft's rivals) find out that submarine patents are no longer worth the paper they're printed on and even examiners refuse to grant such patents

A PATENT which practically or at least metaphorically acts as a form of “submarine" (a form of an ambush) was mentioned a lot about a decade ago [1, 2] in relation to a high-profile case of Rambus. Rambus Incorporated was founded 28 years ago and it is considered a "licensing company," i.e. firm that only/mostly deals with patents. We mentioned submarine patents again last year in relation to OIN. It is a crude form of entrapment and courts can hear arguments to that effect; sometimes examiners too take such considerations into account when assessing whether or not to award a patent.



"It is a crude form of entrapment and courts can hear arguments to that effect; sometimes examiners too take such considerations into account when assessing whether or not to award a patent."A couple of days ago Venture Beat, which focuses on technology, did an interview (i.e. puff piece) with Gil Hyatt, "a man who created a “submarine patent” by continually following up his patent application with new details." Why the scare quotes there? A submarine patent is what it really is. Here's the introduction:

Gil Hyatt’s patience has been tested. After a 22-year delay, the inventor received a patent in 1990 for what he called the first microprocessor, or a computer on a chip. After cutting a deal with Philips Electronics, he began collecting royalties on a lot of electronics products that used the fundamental technology.

In Silicon Valley and elsewhere, Hyatt was viewed as a carpetbagger, a man who created a “submarine patent” by continually following up his patent application with new details. He claims he was a diligent individual inventor who protected his rights. But after the controversial patent award, and after getting 75 patents, the patent office never approved one of his applications again.

More than 40 years later, Hyatt said his important applications are still in limbo. (The typical wait time is 18 months.) He has made at least $150 million from the Philips deal, but he said he is fighting for “justice.” The case took a twist in 2014, when news emerged that the U.S. Patent and Trademark Office had a special way of flagging potentially controversial patents.


Congratulations to whoever at the USPTO did that. The man became a multi-millionaire out of “submarine patents”, just as some other people became multi-millionaires out of patent trolling, i.e. blackmail. They basically take the money of many other people, including some small businesses. The summary of this article in Slashdot says, "80-Year-Old Inventor Gil Hyatt Says Patent Office is Waiting For Him To Die" (as if it's him who is the victim deserving of sympathy!). Thankfully there are many comments there, over 100 of them.

Speaking of trolls and submarine patents, Core Wireless Licensing S.A.R.L. is part of Conversant (formerly known as MOSAID, a Microsoft-connected troll), and it has just found out that its submarine patent cannot be enforced (by virtue of it being part of an ambush). We wrote about it last month and Watchtroll caught up with it quite late (13 days after the decision). It wrote this:

The United States Court of Appeals for the Federal Circuit recently issued a ruling on discussing the equitable doctrine of implied waiver; a decision that will be particularly important for those participating in the standard setting process and engaging with standard setting organizations, or SSOs as they are sometimes called. According to the Federal Circuit, failure to disclose patents and applications relevant to a standard may render a patent unenforceable based on an implied waiver. See Core Wireless Licensing S.A.R.L. v. Apple Inc., No. 17-2102, 2018 (Fed Cir. Aug. 16, 2018) (Before Reyna, Bryson, and Hughes, Circuit Judges) (Opinion for the court, Bryson, Circuit Judge).

This case began when Core Wireless Licensing S.a.r.l. (“Core Wireless”) sued Apple Inc. (“Apple”) for infringing U.S. Patent No.s 6,477,151 and 6,633,536, both of which were directed to an improvement in the way mobile devices communicate with base stations in a digital network. Apple, in turn, argued that the ‘151 patent was unenforceable because Nokia – the original assignee of the ‘151 patent – breached a duty of disclosure it owed to the European Standards Organization (“ETSI”) during ETSI’s development of technical standards addressing propagation delays in GPRS networks. Specifically, Apple argued that Nokia’s failure to disclose a Finnish patent application, to which the ‘151 patent claimed priority, while advancing a proposal to revise the ETSI GPRS standard rendered the ’151 patent unenforceable. While Nokia’s proposal was ultimately rejected and replaced by a competing proposal, Nokia did not disclose its Finnish patent application to ETSI until four years later.


What we have here is a bunch of patents passed at Microsoft's own directions (it explicitly instructed this) to a troll which then attacked Apple and Android/Linux. It's one among many nasty things Microsoft did inside Nokia.

Recent Techrights' Posts

Saudi Arabia and Its Footprint in X/Twitter
a massive proportion of pro-ISIS accounts in Twitter were operated from Saudi Arabia or by Saudi Arabians
 
Links 13/09/2024: Disinformation in Focus, End of Presidential Debates (Trump Accepts It Hurts Him)
Links for the day
Mono as a Double-Purpose Trojan Horse Inside Wine
And now they can oust founders and top contributor with a CoC
This is How Bad Things Have Become at Microsoft
We're seeing nearly 80 reports in English about those layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 12, 2024
IRC logs for Thursday, September 12, 2024
Links 13/09/2024: Recorded Future Bought by MasterCard, Bits of Freedom Turns 25
Links for the day
Gemini Links 13/09/2024: Towards Aristocratic Personal Computing, Technology and Privac
Links for the day
Once Again, Mass Layoffs at Microsoft (Just Like Every Month This Year)
Reporting and articles trickling in (in recent hours)
Rumour: Layoffs in IBM Consulting Today
IBM has had many layoffs lately
Microsoft Has Infiltrated the OSI and Its Moles (Whom It Pays to Speak 'for' OSI) Control the Narrative
This is utterly grotesque
Links 12/09/2024: Apple Owes a Lot of Money, Repressions and Censorship of Activists Noted
Links for the day
Anniversaries Coming Up
Probably the funnest year of our lives, and definitely the most productive
In Europe, Vista 11 Grew Only 3% (Relative to Other Windows Versions) This Year
That's a huge problem for Microsoft
Google's YouTube Censorship Has Gotten a Lot Worse and Anti-scientific (for Commercial Reasons)
By today's standards, YouTube is not something RMS can (or would) use
Google Appears to Have Broken Every Single Instance of Invidious. It's a Wake-up Call, Please Stop Uploading Videos to YouTube.
Including videos of Free software events
[Meme] Video Uploads Improved
The tools are all in our self-hosted Git repository and the licence is, as usual, AGPLv3
Apple Event as Fine Example of the "IT" Circus
It's not clear if the enemy of Free software is a company like Apple is simply public ignorance that Apple keeps fostering
Imposters Inheriting Institutions
Dealing with the "imposter syndrome"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 11, 2024
IRC logs for Wednesday, September 11, 2024
Gemini Links 12/09/2024: Clean Island and VCFMW19
Links for the day
Links 11/09/2024: EPO Patents Tossed Out by Courts, Software Patent Reveals Ford "Tech That Listens to Driver Conversations to Serve Ads"
Links for the day
More "Linux" SEO SPAM, Wrapped Up as Clown Computing, Composed by a "Bullshit Generator" (LLM)
linuxsecurity.com at it again this week
"Linux" and Linux.com Diploma Mill
The front page of Linux.com right now is the usual nonsense
[Meme] The Ponzi Scheme That Eats Rivals (by Paying Them to Stop Competing)
Why compete when you can bribe and defang antitrust authorities?
In 2006 We Had a Novell Problem and Now We Have Several Novells
Microsoft thorns inside the community
Richard M. Stallman (RMS) Debunks Misconceptions About What Free Software Means and Explains How It Works
Free software means people (including users and developers) exercise control over the program, not the programmers
Links 11/09/2024: ROOPHLOCH Report, Small Web Experiences, and Cohost Effectively Dead
Links for the day
Links 11/09/2024: Russia Enters Latvia With Drone, Truth Social Stock Crashes
Links for the day
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day