EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


Patents Roundup: Microsoft’s Intellectual ‘Welfare’, Litigation Rising, Abuse Beyond USPTO

Posted in America, Courtroom, Europe, Law, Microsoft, OIN, Patents at 8:43 am by Dr. Roy Schestowitz

Microsoft and Intellectual Monopolies

Some readers might still remember how Microsoft extorted a company, urging it to pay for intellectual monopolies. There were even threats of an embargo, which showed that Microsoft is a patent aggressor. Well, that’s resolved now, probably meaning that Microsoft will be paid for products it has nothing to do with. They essentially use patents as a welfare programme.

Microsoft and Primax Electronics Ltd. of Taiwan say they’ve reached a licensing deal over the Redmond company’s patented mouse technologies, resolving a complaint that Microsoft filed this summer with the U.S. International Trade Commission.


Separately, Microsoft yesterday settled a series of longstanding patent disputes with Alcatel-Lucent.

The Alcatel-Lucent tiff with Microsoft has gone on for quite some time [1, 2, 3, 4, 5] and they seem to have just reached a secret settlement.

Microsoft, the world’s biggest software maker, and Alcatel-Lucent settled most of their patent litigation, officials of the two companies said Tuesday.

Financial terms were not disclosed. The agreement covers six lawsuits, including one that resulted in the largest patent verdict in U.S. history before it was thrown out by a judge. Microsoft will continue its appeal of a $368 million verdict it lost that swelled to $511.6 million in June, the companies said.

The companies have been fighting since 2002 when Lucent, then a standalone concern, began demanding royalties from Microsoft customers Gateway and Dell over features in the Microsoft Windows operating system. A federal jury in San Diego in one case awarded Alcatel $1.52 billion – the largest patent verdict ever – over digital music technology.

Patent Mess Getting Worse

TechDirt let its readers know that Stanford had created a valuable source that’s a database of patent litigation.

Over at Stanford, some law professors have been putting together a database of IP litigation from the past few years, called the Stanford IP Litigation Clearinghouse. The Law.com article claims that there are “surprising” facts already coming out of the database, but they don’t seem to be any different than what’s been known for a while (specifically, that the number of patent lawsuits has been relatively constant over the past few years).

Here is the article that looks at some numbers.

It’s not true that patent infringement suits are going through the roof — filings have held steady for eight years — but there are a whole lot more defendants out there looking for lawyers.

While many IP litigators have been busier in the past few years, the actual number of infringement suits has hovered between 2,300 and 2,800 a year. But in 2007, the number of defendants named in these cases jumped from around 6,000 in 2006 to 9,000 (see PDF chart; registration required).

That’s just one of the facts revealed by Stanford Law School’s Intellectual Property Litigation Clearinghouse, a searchable online database unveiled Monday evening that tracks all patent cases since 2000. Offering hard statistics on trends, from how many suits have been filed to how plaintiffs fare in front of a particular judge, the clearinghouse is being greeted enthusiastically by lawyers.

So, all in all, it’s getting worse. Lawsuits are not a sign of success but a sign of unnecessary friction and distraction. Another new lawsuit has just hit eBay, which is part of the coalition to end software patents. [via Digital Majority]

Netcraft sued eBay and PayPal for infringement of its patents that cover an “internet billing method.” During claim construction, the Western District of Wisconsin found that the limitation of “providing a communications link through equipment of the third party” requires that an infringer “provid[e] customers with internet access.” Of course, eBay and PayPal do not provide internet access.

Here is a redundant lawsuit being dropped:

In July this year Hasbro set the legal dogs on Scrabulous, the popular Facebook-based Scrabble knock-off, saying it infringed on the intellectual property rights of the board game.


Scrabulous was later removed from Facebook, following a DMCA take-down order from Hasbro.


Software patents protest against EPO

Trademark laws can be abused too. We mentioned this one example the other day and it turns out that the EU won’t quite permit this. In fact, the push to end the pro-software patents lobbies in Europe persists as well, so intellectual monopolies as a whole are being challenged.

What will it be in the United Kingdom after Nokia/Symbian did its damage?

Following a recent legal appeal by mobile phone OS vendor (and now Nokia subsidiary), Symbian, the UK Intellectual Property Office (IPO) has just issued a practice note relating to software patentability that, according to patent attorneys, still does not bring the UK fully in line with Europe, in spite of a recent court case that suggested the IPO should change its previous practice.

We always have Nokia to blame, but had it not been Symbian, maybe it would be something or someone else.

What Lies Ahead

We wrote about “Linux Defenders” before, mostly to remark that it’s challenging players in the system rather than the system itself [1, 2, 3, 4, 5].

Here is some more coverage that we didn’t see before:

We ought to have the interview with OIN real soon now.

The monopolists and their cronies are devising a mechanism even worse than patents and copyrights to marginalise the masses and empower the MAFIAA monopolies. It’s an appalling case of people elected by the people (politicians) secretly meeting other rich people behind closed door to conspire against the very same people who voted for them. The ACTA is a crime against society, which is why it’s kept so low-profile [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16]. It will remain under the wraps until it’s impossible to protest against it or reverse this crime.

“DRM is nearly always the result of a conspiracy of companies to restrict the technology available to the public. Such conspiracy should be a crime, and the executives responsible for it should be sentenced to prison.”

Richard Stallman

Fortunately, people are beginning to voice some concerns and express skepticism about the ACTA over at the Internet Governance Forum.

The third annual United Nations-led Internet Governance Forum in Hyderabad, India this month addressed a range of topics related to intellectual property rights and the free flow of information, and provided a venue for doubts about a closed-door international anti-counterfeiting treaty negotiation being led by the United States and Japan.

The proposed Anti-Counterfeiting Trade Agreement (ACTA) intended to align governments in their fights against illicit trade, might have the effect of stopping more positive developments in intellectual property law that emerged over the last year, warned Eddan Katz, international affairs director at the Electronic Frontier Foundation.

Developments related to IP were presented in several workshops by the dynamic coalitions on access to knowledge and open standards. Once again IP issues did not make it to the main sessions of the Internet Governance Forum (IGF), and IP was not mentioned more than three or four times in the main sessions rather ephemerally, with the exception of ACTA.

Brazilian diplomat Everton Lucero in a main session warned against ACTA as a negative example of the contrary to what is seen as the major success model of the IGF: multi-stakeholder cooperation between governments, industry and civil society and also the so-called “enhanced cooperation.” “In fact [ACTA] is the worst example,” Lucero told Intellectual Property Watch.

Tell people about the ACTA. The media does not cover this because it’s controlled by the very same media companies that are committing this crime against the people.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New

  1. The United States Pressures India to Broaden Patent Scope and Other Monopolies

    The envoy of the US is trying to tell India how to run the country (stricter laws regarding copyrights, trademarks, and patents), as a condition for foreign investment by multinational corporations

  2. Budget and Finance Committee of the Administrative Council (EPO) Confirms Exile of the Boards of Appeal

    Crushing of highly-skilled staff, propaganda in the form of new press releases, and recruitment attempts that won't succeed because the world now knows what goes on inside the European Patent Office

  3. Links 26/10/2016: “softWaves” in Debian 9, Rust in GNOME

    Links for the day

  4. Leaked: EPO's Vice-President Willie Minnoye Saying the Unsayable, Then Threatening Anyone Who Keeps Record (Evidence) of It

    E-mail that would leave Vice-President Willie Minnoye bashful, as it helps show not only bad policy but also attempts at suppression of discussion about it

  5. Puff Pieces of the EPO-IPO (EPO+EUIPO) Have Begun to Appear Amid New Evidence of Brain Drain, Lowered Standards

    The grim vision of the EPO which is losing all its talent (over time), becomes more like a production line (quality does not matter), and produces propaganda for "media positioning" (or "placements") -- all under the guise of 'studies'

  6. Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

    Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

  7. No Promising Future For the EPO Under Battistelli (If Any Future At All)

    Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

  8. Leaked Minutes From the EPO Reveal That Battistelli is Detached From Reality and Blames Everything on “Union Officials”

    Minutes of the Administrative Council's meeting reveal some truly bizarre rants from Battistelli, who simply refuses to accept that the European Patent Office is burning (without a future direction, only burnout and brain drain) under his poor and abusive leadership

  9. Tata/TCS is Still Pushing for Software Patents in India

    The obnoxious company that is promoting Microsoft and software patents in a country that needs neither makes the headlines again (Financial Express)

  10. Links 25/10/2016: Rackspace's Praise of FOSS, Chain Chooses the GPL(v3)

    Links for the day

  11. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  12. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  13. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  14. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  15. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  16. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  17. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  18. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  19. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  20. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  21. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  22. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  23. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  24. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  25. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  26. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  27. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  28. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  29. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  30. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time


Recent Posts