Bonum Certa Men Certa

On Virnetx, Intellectual Ventures, Interval Licensing and Other Microsoft-Connected Patent Trolls That Microsoft Leverages to Attack Its Competition

Chess board



Summary: Microsoft's biggest patent troll Intellectual Ventures, as well as smaller patent trolls that it created or has funded, faces a hard time in the higher patent courts; the chilling effect, however, can be exploited by Microsoft to market Azure 'IP' 'Advantage'

THE firm known as Virnetx (or VirnetX) generally produces just lawsuits. Many sites characterise it as a patent troll and it matches the definition. It's nowadays known for little more than its lawsuit/battle against Apple, which relies on controversial jury trials in Texas.



"Our view is that Virnetx is a patent troll which was emboldened by payments from Microsoft and then targeted Apple."There has been plenty of coverage about this case's latest twist (because it's about Apple). Our view is that Virnetx is a patent troll which was emboldened by payments from Microsoft and then targeted Apple. We wrote about the actions against Microsoft in about a dozen past articles.

The shares of Virnetx soared after a recent ruling. "This case will certainly be appealed," Patently-O asserts, concurring or overlapping our analysis from the time of the ruling. With new standards/bars, as well as SCOTUS precedents, we expect the Federal Circuit (CAFC) to squash the underlying patents. Here is what Patently-O wrote, being a patent maximalist: (there were perhaps hundreds of English articles about that, but not from specialist sites)

The Virnetx v. Apple patent battle has been running since 2010. Virnetx won its first verdict against Apple in 2012. The court in that case required two more jury trials — but Virtnetx won all three and the $300 million damage award is pending appeal before the Federal Circuit.

Apple redesigned its FaceTime and VPNOnDemand products back in 2012. Rather than adding the redesigns to the original case, Virnetx filed a new lawsuit (2012). In April 2018, a jury awarded an additional $500 million in damages and found that Apple’s infringement was willful.


The whole purpose of this firm is lawsuits such as this. It is a patent troll. The payments from Microsoft certainly helped fuel it, just like Microsoft's payments to Intellectual Ventures helped propel this much bigger troll (connected very closely to Microsoft) to "top legal nuisance" status. In Intellectual Ventures I LLC v T-Mobile USA, Inc. (according to this new analysis from Patently-O) there's a reference to Interval Licensing (Paul Allen, Microsoft's co-founder). This troll's history includes attacks on Android. Microsoft's patent trolls are, in general, helping Microsoft market its 'protection' racket [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20]. In this particular CAFC case the troll fortunately lost its patent (as it typically does at CAFC):

The district court found the claimed function indefinite. In particular, the court noted that specification’s description of QoS as “subjective” according to a user’s “individual preferences” and that description lacked “adequate guidance as to the meaning of ‘optimize.'”

On appeal, the Federal Circuit presumably performed a de novo review, but affirmed — particular zeroing in on its precedent requiring “objective boundaries.” Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364, 1371 (Fed. Cir. 2014) (“The claims, when read in light of the specification and the prosecution history, must provide objective boundaries for those of skill in the art.”). Here, the court interpreted “optimizing QoS” as akin to the invalid “aesthetically pleasing” limitation of Datamize, LLC v. Plumtree Software, Inc., 417 F.3d 1342 (Fed. Cir. 2005). According to the court, both elements are “purely subjective” and depend wholly upon each user’s personal opinions.

[...]

Invalidity Affirmed.


Microsoft still loves and lobbies for patents. It still defends trolls and sells 'defense' from trolls (for a fee), presumably in an effort to market Azure as the "safe" option (over AWS).

"Microsoft still loves and lobbies for patents. It still defends trolls and sells 'defense' from trolls (for a fee), presumably in an effort to market Azure as the "safe" option (over AWS)."The Bill Gates-funded Seattle Times (which understandably does reputation laundering for Bill Gates and Paul Allen), has just published this article titled "Amazon has patented a system that would put workers in a cage, on top of a robot". This isn't the first oppressive (towards Amazon's workers) patent and Amazon is said to be a top litigation target. Microsoft would want to make it more so (e.g. lawsuits against AWS clients, too) in an effort to sell Azure as a form of 'protection' from trolls (which Microsoft itself is controlling). Is this even legal?

Recent Techrights' Posts

Wine Took the Bait (Mono), Soon Starts the Microsoft Circus With the Banhammer
large companies are exercising more control over the thing/s they claim to "donate" to
[Meme] From Checked by Three Examiners to Gone (Granted) in 3 Seconds!
twice as many monopolies with 10% less staff
EPO Staff Representatives Explain the Latest Corruption at the EPO in a New Paper
Owing to corrupt management the EPO has resorted to corporate crime or organised crime designed to benefit large corporations. Who will pay the price? Everybody else in Europe.
 
[Video] Why Hurd and MINIX (or BSD) Didn't Get Ahead of Linux?
We've converted the video into WebM to make it more accessible
Dr. Richard M. Stallman (RMS) Explains That a Free/Libre Program Running on Somebody Else's Server (e.g. Clown Computing) Leads to Freedom Deficit
"when you are doing your computing you must not entrust that to somebody else's server because users including you should have control over their own computing but you can never have control over what somebody else's server does because somebody else installs software in that computer and configures it and thus decides what computing it is going to do."
ircII Has Turned 35
Don't listen to people who say IRC is "dead"
[Meme] Code of Conduct in WINE
irritate productive developers...
Number of Gemini Capsules Rising Closer to 4,100, Certificate Authority "Let's Encrypt" Down to 1.1%
Some time soon the Certificate Authority "Let's Encrypt" will probably fall below 1%
Richard M. Stallman Explains Why the Web Becoming a Pile of Proprietary JavaScript Programs (Not Pages to Render) Does Harm to Web Users
"The web was designed to let users control how that data would be rendered but businesses didn't like that."
Links 13/09/2024: Crackdowns on Bloggers, Deepfakes, Internet Archive‘s Wayback Machine Now in Google Search
Links for the day
RedMonk: September the Month of the Mouth of Redmond (Still)
the usual storyline, i.e. what's not controlled by Microsoft's proprietary GitHub simply does not exist
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
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 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