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

12.18.08

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.

Europe

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. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  2. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  3. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  4. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  5. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  6. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  7. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  8. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  9. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  10. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  11. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  12. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  13. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  14. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  15. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



  16. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  17. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  18. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  19. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  20. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  21. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  22. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  23. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  24. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  25. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  26. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  27. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  28. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  29. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  30. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China


CoPilotCo

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

CoPilotCo

Recent Posts