Bonum Certa Men Certa

Qualcomm's Patent Aggression Threatens Rationality of Patent Scope in Europe and Elsewhere

Qualcomm's European Patent (EP) 2954737

EP2954737



Summary: Qualcomm's dependence on patent taxes (so-called 'royalties' associated with physical devices which it doesn't even make) highlights the dangers now known; the patent thicket has grown too "thick"

THE EPO and USPTO have both granted software patents to hardware giants which disguised these as "physical". We covered some examples earlier this year (including Qualcomm's, as above).



Here is the latest article (among many recently, specifically about Qualcomm) by Florian Müller, who told me he "talks about a dangerous precedent Qualcomm is trying to set in a German software patent case against Apple. On that basis, thin air would infringe a patent on a coffee filter if filtered coffee was poured in."

This deals with "software patent claim limitations," Müller explains, with a "dangerous precedent possible" for the following reasons:

The name of the game is the claim. There's no German equivalent, at least none that rhymes, but I vividly remember Quinn Emanuel's Dr. Marcus Grosch stressing this point when he was defending Motorola Mobility against Microsoft, particularly in the Munich appeals court. Now, as counsel for Qualcomm in a German lawsuit against Apple that will be tried on Thursday and involves the iPhone's built-in Spotlight search technology, he's espousing the very opposite position. The former anti-software-patent campaigner in me dreads and hates the notion of software patents being given overbroad scope in litigation--way beyond any reaonable claim construction.

Whatever may come out of that Munich case (technically, a host of cases asserting different members of the same patent family and targeting different Apple entities) is rather unlikely to move the needle in the intercontinental Qualcomm v. Apple dispute. Based on how a first hearing held went in May, even an infringement finding wouldn't result in an immediate injunction: the case(s) would most likely be stayed over validity concerns. But Munich is one of Europe's most important--and fastest--patent litigation venues, and Presiding Judge Dr. Matthias Zigann one of Europe's influential patent judges (among other things, he's a contributor to a leading reference on patent law). An infringement holding could set a dangerous precedent affecting many other cases before the Spotlight matter, if ever (since the patents-in-suit might all die anyway), would be appealed.

[...]

The word "only" is key here. Qualcomm's counsel says: if a user only has usable communication channels (suzch as only one usable channel per user) in an address book, the search result will be limited to only usable communication channels. Unfortunately, there's no Markman proceeding in Germany, where claim construction would be determined first and where disputed claim limitations would have to be interpreted by the court in writing. Otherwise I have no doubt--no doubt whatsoever--that this claim element here would have been deemed a filter (a word that, therefore, appeared multiple times in my May post on this matter).


"The former anti-software-patent campaigner in me dreads and hates the notion of software patents being given overbroad scope in litigation--way beyond any reaonable claim construction," he said, having done a lot of advocacy against software patents in Europe more than a decade ago. As we've been emphasising since last year, Qualcomm is nowadays a leading voice for software patents; Qualcomm also leverages many such patents 'in bulk', doing what Müller called "Qualcomm's double-dipping practice" just earlier this month (we lacked the time to cover it in isolation at the time; he also wrote about the massive buybacks that strive to shield the company from market collapse).

"When large companies leverage patents in such lawsuits they know that it would be too costly (and time-consuming) to challenge all underlying patents."We're sadly seeing -- again and again -- how Qualcomm and the likes it frame software as "hardware" or "physical". Quality (lack thereof) is disguised by quantity. Müller said: "It wouldn't be practical to have one or more courts make this determination for thousands of patents. And a motion for partial summary judgment is subject to rather strict page limits--the whole idea of summary judgment is that you raise an issue that the court can easily decide. Apple and the likes of Foxconn therefore picked three exemplary patents (from the ones Apple and the contract manufacturers tackled before)."

When large companies leverage patents in such lawsuits they know that it would be too costly (and time-consuming) to challenge all underlying patents. Examiners must remember that. Don't give them 'ammo' so easily.

Recent Techrights' Posts

There Are Still Many Debian Developers (Alternative to IBM)
Some Debian Developers are on Microsoft's payroll
Apple's Last Leader Died After He Had Been Sacked by Apple
Cult-like worship leads to dictatorships, not redemption from dictatorships
 
Clownflare (Cloudflare) and the 'Ecosystem' It Wants to Replace
Vercel & Next.JS Hacked - Nothing New to Report
Today, or Tonight, Look for What IBM is Hiding, Not What It's Telling Shareholders
It shapes the narrative while cooking the books
Brett Wilson LLP Working for Racists and Losing (at the Same Time It Works for Men Who Assault Women in America)
Brett Wilson LLP is basically attacking whistleblowers
The Corrupt Lecture the Non-Corrupt - Part IV - Demanding Respect From Those You Are Attacking and Robbing
"literature" aimed at staff looks increasingly comical, hypocritical, one might say inappropriate
What It Will Take for More Nations in Europe to Move Fully to GNU/Linux
It would be false to say that France is hostile towards the US
Gemini Links 22/04/2026: Voyage into Cheapness, Heat and Pressure in a Contained Ideal Gas, Tidepools
Links for the day
Links 22/04/2026: YouTube Deletes Channels to Promote US Hegemony, "Kash Patel’s Defamation Suit Against The Atlantic Is Designed To Generate Headlines, Not Win In Court"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 21, 2026
IRC logs for Tuesday, April 21, 2026
Gemini Links 21/04/2026: Drinking, Gardening, and Politics
Links for the day
SLAPP Censorship - Part 53 Out of 200: The Lying Solicitor of Alex Graveley Left Brett Wilson LLP Only Days or Few Weeks After the Garrett Trial (Attended by Almost Their Entire Office/Team)
They kept trying to get us to settle
Financial Misery: The Failures of the Solicitors Regulation Authority (SRA) to Regulate Have Cost Many Thousands of Brits Over 50 Million Dollars (Stolen, Embezzled, Defrauded)
There's plenty of revolving doors-like activity
Sense of Panic at Microsoft, the Slop (for "Entertainment") in Windows is Backfiring
We'll probably find out soon
The Register MS Has Just Published Another SPAM 'Article' for Slop Grifters. It Says "AI" 33 Times!
The Register MS is not a good publisher
Microsoft Lunduke Never Liked Free Speech
Microsoft Lunduke does not speak truth to power. He farts words to 4Chan "bros"
"Linux" Sites That Knock Themselves Out by 'Pivoting' to LLM Slop
People don't need like 100 "Linux" sites to follow, only a handful that they can truly trust
The European Patent Office (EPO) Needs More Scrutiny, Contact Your Officials Tonight or Tomorrow
The European Patent Office (EPO) or the European Patent Organisation (also EPO) are disgracing Europe and the European Union (EU)
Slop in "AI" Clothing is Such a Miserable Failure That IBM is Allegedly Firing Entire Teams That Do Slop (the Media Didn't Report This; It Said the Opposite!)
Gaslighting, lying media that engages in deceit will not outlast this bubble
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lost of slop layoffs. Be ready. It's a bubble.
The Corrupt Lecture the Non-Corrupt - Part III - "Ethics" Explained by Unethical People, Lots of Buzzwords Included
Imagine being the person (or PR agency) that wrote this with a straight face, possibly commissioned by some frequent cocaine user who runs the Office
Gemini Links 21/04/2026: Dystemia, Protocol Group Chat Gone Wrong, and More
Links for the day
Links 21/04/2026: Drunken Kash Patel Sues The Atlantic for Reporting, California Accuses Amazon of Price-Fixing
Links for the day
EPO Cocainegate Escalates - Part III - Connected Families - The Cocaine User Luis Berenguer and António Campinos
not just bromance between Luis and António
FOSS Linux (fosslinux.com) Has Become a Slopfarm
Slopfarming is the last incarnation of sites that die or are dead
Gemini Links 21/04/2026: NeoVim, GeminiMDB, and Another New Gemini Client (Called Titan II)
Links for the day
Links 21/04/2026: Internet Shutdowns, Bluesky Crippled by DDoS Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 20, 2026
IRC logs for Monday, April 20, 2026
3,400 Gemini Capsules Accessible and Known to Lupa, A Geminispace Crawler
We're about to exceed 3,400 some time soon
When and Why I Quit Writing "Classical" GNU/Linux Advocacy Articles
I'd love to write more about why GNU/Linux is great [...] We always try to cover unique issues and break stories (exclusives)
IBM Had Mass Layoffs Every Month This Year (Including at HashiCorp, Confluent, and Red Hat), 'Results' Due in 2 Days' Time
IBM's "media partners" seem to be engaging (propaganda and puff piece) ahead of the serenade to Wall Street
Dr. Andy Farnell on Privacy Failings and Shallow Media Coverage
Bad media paves the way for failed societies
Gemini Links 20/04/2026: Fahrenheit 451, Small Web Advocacy, and Offgrid Holdout
Links for the day
Debian Has a New Project Leader (DPL)
We plan to upgrade Debian some time this month
This Morning The Register MS Published SPAM With "AI" 36 Times in It. This is What The Register MS is Paid to Publish.
It's selling out to Ponzi schemers
Links 20/04/2026: Chatbots Motivate Manslaughter, GAFAM’s ‘Tobacco Moment’
Links for the day
Throwing Rocks in Houses of Glass
Lots of "virtue-signalling" against ICE
The Corrupt Lecture the Non-Corrupt - Part II - It's About Politics, Not Science
Tomorrow we'll discuss what the cocaine proponents (or apologists) deem to be "ethics"
SLAPP Censorship - Part 52 Out of 200: Phil Golding Appointed Bar Standards Board (BSB) Chief, Misogyny Must End
How many rules will they "bend" or even breach?
Links 20/04/2026: Brave Origin Nightly, Scuttling USAID Gives 'Soft Power' to China, and White House Gives Money to Russia (Through Oil Sales)
Links for the day
EPO Cocainegate Escalates - Part II - "Cocaine Communication Manager" Luis Berenguer is Back Without Punishment
Latest on Luis Berenguer
Gemini Links 20/04/2026: "I Hate Computers" and "Why I de-Googled"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 19, 2026
IRC logs for Sunday, April 19, 2026