Bonum Certa Men Certa

Only After Millions Were Spent on Lawyers Microsoft's Patent Troll in Europe Loses European Patent Used to Shake Down Android (Linux) Vendors

Conversant (formerly MOSAID) loses a tooth, but it doesn't mean it's toothless

Missing old tooth



Summary: More cautionary tales about European Patents being wrongly granted, potentially causing billions to be wasted and millions to be spent in legal fees; Microsoft's attack dogs are still active and their targets demonstrate who the EPO really serves these days

THE patent trolls' business has seen 'healthy' growth in Europe, based on surveys conducted by people who add up the number of court cases and their origin (plaintiff type/s). The Campinos/Battistelli attack on patent quality at the European Patent Office (EPO) is unprecedented. Sure, Brimelow permitted software patents [not] "as such", but things went totally out of control under Battistelli. Contrariwise, the U.S. Patent and Trademark Office saw a decline in the number of patents granted last year (some would attribute this to 35 U.S.C. €§ 101). Only a lawyer or a liar would assert that this means decrease in American innovation.



"Contrariwise, the U.S. Patent and Trademark Office saw a decline in the number of patents granted last year (some would attribute this to 35 U.S.C. €§ 101)."The pile-up of low-quality patents in Europe will harm the most those least able to afford a court battle. The economics of patent trolling rely on these, e.g. SMEs. The last thing a troll wants or needs is lengthy court battle which may result not only in the loss of patents but also having to compensate the wrongly-accused defendant (this increasingly happens in the US). Thankfully, the UPC is more or less dead already, so at least we can still rely on courts (to some degree, assuming one can afford the battle).

Here's some news: citing this older post predating the latest twist of events, Sidney Martin (Quebec Daily Examiner) wrote (emphasis ours): "The European Patent Office (EPO) opposition division has narrowed Afilias Technologies Plc’s device detection patent EP2245836B1 in Europe, as a result of an opposition brought by rival firm 51Degrees. The EPO concluded that the patent as initially granted was not valid."

"Thankfully, the UPC is more or less dead already, so at least we can still rely on courts (to some degree, assuming one can afford the battle)."Had it not been for this opposition, it would be granted and quality is only sliding further and further. It's hard to keep up and file oppositions (the time windows for oppositions were also narrowed in recent years). Kilburn & Strode LLC's Julia Venner and Kristina Cornish have also just published this article about Actavis v ICOS (covered here), demonstrating the narrowing of patent craze in courts, which unlike offices don't just rubberstamp everything and more often than not toss out European Patents.

During Independence Day not many people paid attention to English language news (let alone to court battles). Writing about patents-in-standards (so-called 'SEP', or "standard-essential patents", part of the cynical "FRAND" agenda that includes evergreening ploys in 5G), Rose Hughes takes notes about EP1797659, which is now tackled by Huawei, a Chinese giant (hence Huawei v Conversant), affecting also other Chinese giants such as ZTE.

It's about a patent troll, MOSAID/Conversant, that Microsoft was arming -- using Nokia's 'core' patents -- to attack Microsoft's competition, even in Europe. Guess what... the Supreme Court found that the European Patent is not valid. Quoting Hughes:

The FRAND/SEP saga continues today with a UK High Court decision on the validity of Conversant's patent for 3G mobile phone technology. Mr Justice Arnold found that Conversant's patent is essential and infringed by Huawei and ZTE, but invalid for added matter: Conversant v Huawei [2019] EWHC 1687 (Pat).

For a background summary of the dispute see IPKat here. In short, the case relates to standard essential patents (SEP) patents and Fair Reasonable and Non-Discriminatory (FRAND) licences. SEPs are patents protecting a technology which its owner has declared to be essential to the implementation of one or more of the telecommunications standards. To prevent anti-competitive behavior, standard setting organisations require SEP holders to licence the technology on Fair Reasonable and Non-Discriminatory (FRAND) terms.

In Huawei v Conversant [2019] EWCA Civ 38 (IPKat post here), Conversant sued both Huawei and ZTE in the UK courts for infringement of, what it claimed, were its essential patents. Conversant sought an injunction, damages and a declaration that it had made FRAND offers to the defendants. Huawei and ZTE responded that the English courts did not have the jurisdiction in determining the terms of a global FRAND licence. The Court of Appeal found that the English courts did have jurisdiction to decide on the global licence terms, but could not force Huawei to enter into a global licence (but that they may face and injunction on the basis of the UK designation). The UK courts could, however, decide on the validity of the patent and whether Huawei infringed. Huawei and ZTE have been given permission to appeal this jurisdictional aspect of the dispute to the Supreme Court (the hearing is expected in October this year, see IPKat post here).

In the latest decision Mr Justice Arnold considered whether Conversant's European Patent (UK) (EP1797659) was essential, valid and infringed by Huawei and ZTE. Conversant argued the UK patent was essential to an aspect of the 3G Universal Mobile Telecommunications Standard ("UMTS"), Uplink DRX. Conversant also argued that Huawei and ZTE marketed mobile phones complying with the UMTS, and were therefore infringing the patent. Mr Justice Arnold accepted Conversant's arguments. The Judge agreed that Huawei was not infringing under a literal interpretation of the claims. Particularly, the claims did not cover Uplink DRX under a literal interpretation, but could be found to be essential and infringed under the doctrine of equivalents (Actavis) (para. 201).


Here we have a good example of the harms done by European Patents wrongly granted; no doubt a bunch of law firms made lots of money from it, but at whose expense? It's not too hard to answer that question...

Recent Techrights' Posts

The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
 
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day