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

05.05.09

OIN Explains TomTom’s Settlement with Microsoft (and Other Patent News)

Posted in America, Europe, GNU/Linux, IBM, Kernel, Microsoft, OIN, Patents, TomTom at 4:24 am by Dr. Roy Schestowitz

Gavel in silk

Summary: TomTom may reveal the details of its FAT settlement, Topolanek escapes the room, and an IBMer might become the next PTO Director

IAM Magazine, a site by lawyers for lawyers (i.e. patent maximalism), has just published an interesting entry (free subscription to read) whose heading heralds: “Microsoft invites TomTom to reveal settlement terms after OIN chief’s claims”

Speaking in a session based on the EPO’s Scenarios for the Future project, Bergelt explained that under Dutch law, a company only has to reveal how much it has paid to settle a dispute if the amount exceeds a certain percentage of its market capitalisation. According to Bergelt, in TomTom’s case the sum would have had to have been over $500,000. As TomTom has not made any figures public, Bergelt claimed, the settlement amount must have fallen below the threshold.

This pretty much answers the question about the amount TomTom was required to pay. It was already discussed in [1, 2]. Digital Majority found this interesting part of a thread about FAT in Linux (TomTom effect): “Steve, can you please stop the bullsh**ting? From the complete lack of technical arguments it’s pretty obvious that this seems to be some FUD fallout from the MS vs TomTom patent lawsuit.

The Linux FUD blog, which debunks Linux FUD on a routinely basis, has just written about Microsoft’s strategy with patents and lawsuits against Linux. Here is just a portion:

Microsoft vs. Linux

Microsoft has claimed that Linux violates approximately 235 patents. The company has reportedly “chosen” to not sue, and the rationale for this choice has been the topic of much speculation. Microsoft has not revealed the details of the violations, including the identifying numbers of the violated patents.

Lack of merit in the claim is probably the reason most people believe Microsoft has not filed – in other words, Microsoft is bluffing. Perhaps Microsoft knows that the patents are not enforcible for one reason or another, but it also knows fully that it retains power derived from fear so long as it can make threats that sound credible. If the claim does lack merit, that power would diminish rapidly once a case is brought against the first defendant. Either the patents would be found to be unenforcible (e.g. prior art would be proven), or legal action against one defendant would prompt the Linux community as a whole to adapt quickly. Details of the suit would provide the vital information required to ensure that Linux complies with all patents going forward.

Many Linux supporters and advocates disapproved when Novell and XandrOS succumbed to this fear when they signed their now famous “peace treaties” with Microsoft.

There is another interesting entry in IAM Magazine. Some time ago we wrote about the Microsoft-sponsored presidency from the Czech Republic and its role in lobbying for software patents in Europe [1, 2]. It is doing a lot of damage and now we find this hilarious report:

Patent change in Europe is unlikely if business leaders remain silent

[...]

With all that that in mind, Topolanek claimed that he was confident that the Czech Presidency of the EU had enabled progress which could now be built on by the Swedes, who assume the presidency at the end of June. It all sounded very impressive, I have to say – a national leader talking eloquently about the importance of patents to Europe’s future. Who’d have thought it? Then he was asked to explain what the Czechs had done in concrete terms to take things forward. He paused for a very brief moment before saying: “I do not know, this is not my area.” He then got up and left.

Priceless.

So on behalf of large multinationals, those politicians seem to be promoting more fences and barriers to competition. Then they are surprised that no support is received from local businesses, except the fake ones (AstroTurfers for monopolies).

Other patent news this week:

It turns out that the next PTO Director might sadly enough be coming from a company which is in favour of software patents (IBM).

Much of the job of PTO director involves employee relations, and Kappos continues to successfully lead one of the largest private patent departments in the world. His current and former employees are loyal to him as a leader and praise his creativity and genius. The IBM IP office is known for its spirited and open debates on policy and direction. In my view, this corporate management experience and patent prosecution experience are more relevant to running the PTO than – say – running litigation teams at a law firm, managing a congressional committee, or even teaching a group of law students.

The FSF is already taking its fight against software patents up a notch:

End Software Patents today launched en.swpat.org, a wiki to document the case against software patents. Over 100 articles have already been started to give an idea of the scope and structure of the wiki.

Any contributions to that Wiki would of course be valuable.

“Small enterprises generally adopt a rather negative position towards the current increasing granting of patents for software and algorithms because they fear that these will hamper or eventually even impede their work (more than 85%).” —German Federal Ministry of Education and Research (BMBF), Study of the Innovation Performance of German Software Companies, 2006, p. 86

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. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  2. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  3. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  4. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  5. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back



  6. Microsoft is Still 'Cybermobbing' Its Competition Using Patent Trolls Such as Finjan

    In the "cybersecurity" space, a sub-domain where many software patents have been granted by the US patent office, the patent extortion by Microsoft-connected trolls (and Microsoft's 'protection' racket) seems to carry on; but Microsoft continues to insist that it has changed its ways



  7. Links 16/6/2018: LiMux Story, Okta Openwashing and More

    Links for the day



  8. The EPO's Response to the Open Letter About Decline in Patent Quality as the Latest Example of Arrogance and Resistance to Facts, Truth

    Sidestepping the existential crisis of the EPO (running out of work and issuing many questionable patents with expectation of impending layoffs), the PR people at the Office choose a facts-denying, face-saving 'damage control' strategy while staff speaks out, wholeheartedly agreeing with concerned stakeholders



  9. In the United States the Patent Trial and Appeal Board, Which Assures Patent Quality, is Still Being Smeared by Law Firms That Profit From Patent Maximalism, Lawsuits

    Auditory roles which help ascertain high quality of patents (or invalidate low-quality patents, at least those pointed out by petitions) are being smeared, demonised as "death squads" and worked around using dirty tricks that are widely described as "scams"



  10. The 'Artificial Intelligence' (AI) Hype, Propped Up by Events of the European Patent Office (EPO), is Infectious and It Threatens Patent Quality Worldwide

    Having spread surrogate terms like “4IR” (somewhat of a 'mask' for software patents, by the EPO's own admission in the Gazette), the EPO continues with several more terms like “ICT” and now we’re grappling with terms like “AI”, which the media endlessly perpetuates these days (in relation to patents it de facto means little more than "clever algorithms")



  11. Links 15/6/2018: HP Chromebook X2 With GNU/Linux Software, Apple Admits and Closes a Back Door ('Loophole')

    Links for the day



  12. The '4iP Council' is a Megaphone of Team UPC and Team Battistelli at the EPO

    The EPO keeps demonstrating lack of interest in genuine patent quality (it uses buzzwords to compensate for deviation from the EPC and replaces humans with shoddy translators); it is being aided by law firms which work for patent trolls and think tanks that propel their interests



  13. Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

    The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things



  14. IAM Concludes Its Latest Anti-§ 101 Think Tank, Featuring Crooked Benoît Battistelli

    The attack on 35 U.S.C. § 101, which invalidates most if not all software patents, as seen through the lens of a Battistelli- and Iancu-led lobbying event (set up by IAM)



  15. Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

    The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)



  16. From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining

    Patent disputes/conflicts are increasingly being settled outside the courts and patents that aren't really potent/eligible are being eliminated or never brought forth at all



  17. Links 13/6/2018: Cockpit 170, Plasma 5.13, Krita 4.0.4

    Links for the day



  18. When the USPTO Grants Patents in Defiance of 35 U.S.C. § 101 the Courts Will Eventually Squash These Anyway

    Software/abstract patents, as per § 101 (Section 101) which relates to Alice Corp v CLS Bank at the US Supreme Court, are not valid in the United States, albeit one typically has to pay a fortune for a court battle to show it because the patent office (USPTO) is still far too lenient and careless



  19. Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

    Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of "artificial intelligence" ("AI") carries on, boosted by Battistelli's own "Pravda" (which he writes for), IAM Magazine



  20. The United States is Far Better Off With the Patent Trial and Appeal Board (PTAB), So Why Do Lawyers Attack It?

    The anti-PTAB lobby (which is basically the pro-troll or pro-litigation lobby) continues to belittle and insult PTAB, having repeatedly failed to dismantle it; in the meantime PTAB is disarming several more patent trolls and removing from the system patents which were granted in error (as well as the associated lawsuits)



  21. Links 12/6/2018: Neovim 0.3 and Wine 3.10

    Links for the day



  22. Corrupt Benoît Battistelli Promotes Software Patents in IAM's Patent Trolls-Funded Event in the United States

    With less than 3 weeks remaining for Battistelli's term he engages in gross revisionism, lobbying, and even looting of the patent office



  23. The EPO's 'Expert' Georg Weber is Still Advocating Software Patents in Europe (But He Disguises Them Using Buzzwords)

    The EPO's overzealous support for software patents continues unabated while the European Parliament looks the other way; this is part of the plan to expand patent scope in Europe and flood the continent with low-quality patents (causing a ruinous litigation boom like in China)



  24. Battistelli's EPO is Outdoing North Korea When It Comes to Propaganda and Abuses Against Staff

    Battistelli’s ‘scorched Earth’ approach — his sole legacy at the EPO — has left many workers in mental breakdowns (if not dead), but to celebrate the ‘Battistelli years’ three weeks before the end of his term the Office issues new propaganda material (pertaining exclusively to the Battistelli years, 2010 to 2018) while Battistelli-leaning media offers ‘cover’



  25. IPBC, a Patent Trolls-Funded Event of IAM, is Advancing the Attacks on Section 101/Alice

    Andrei Iancu preaches to the litigation 'industry' in an event (lobbying opportunity) organised by the patent trolls' lobby, IAM



  26. PTAB Carries on Undeterred and Unabated, Courts Are Becoming Less Tolerant of Low-Quality Patents

    With the shift away from the Eastern District of Texas (EDTX) and with PTAB applying growing levels of scrutiny to patents the likelihood that abstract patents will endure at the patent office or the courts is greatly diminished



  27. Apple v Samsung Not Over, Hearing on a New Design Patent Trial Next Month

    Apple's legal battles against phones that have Linux inside them simply aren't ending; meanwhile, there's more evidence that Apple would be wise to simply push for patent reforms, namely further restrictions on patent scope



  28. Links 11/6/2018: Qt 5.9.6 and Weblate 3.0.1 Released

    Links for the day



  29. Latest Docket Reports Show That the American Courts/Legal System Still Anything But Patents-Hostile

    "Damages" (or so-called 'harm') from patent infringement, as demonstrated in the US earlier this month, still an overrated concept which leads to overinflated "compensation" for infringement; the patent microcosm's claims that US courts have become "anti-patent" are laughable at best



  30. Saint Regis Mohawk Tribe Blind to Its Participation in a Scam Around Patents on Nature

    For over $20,000,000 (so far) the Saint Regis Mohawk Tribe has agreed to pretend that it has something to do with controversial patents of Allergan, in effect grossly abusing the concept of tribal immunity while at the same time enabling privatisation of nature


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