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

06.27.09

Patents Roundup: Novell Still Applying for Software Patents (and Other Patent News)

Posted in Africa, America, Europe, Law, Novell, Patents at 7:38 am by Dr. Roy Schestowitz

Tower of London guard

Summary: More articles on the role of intellectual monopolies in obstructing science

IT WOULD BE USEFUL to be reminded of the fact that Novell uses software patents to advance itself. Here is the very latest addition:

Techniques for dynamically establishing and managing authentication and trust relationships , patent No. 7,552,468, invented by Lloyd Leon Burch of Payson, Douglas G. Earl of Orem, Stephen R. Carter of Spanish Fork, and Robert Mark Ward of Highland, assigned to Novell,Inc. of Provo.

In other news, the Rambus case of patent ambush [1, 2, 3, 4] is mentioned by one who was defending the victims. Updegrove writes:

Most of these suits were brought by Rambus against vendors that refused to pay royalties when they implemented the standard, but these suits almost always resulted in vigorous counterclaims against Rambus, brought by those same implementers. And investigations into Rambus’s conduct were also brought by both the Federal Trade Commission (FTC) in the United States, and by the European Commission in Europe. A separate string of cases related to alleged price fixing and other improper conduct by other vendors that participated in the same working group, which ended in record settlement amounts being paid by those vendors to the regulators.

What will the new USPTO director (David Kappos) have to say on the subject? More importantly, how about patent trolls, who are mostly lodged in east Texas? Or how about the abuse of trademarks?

First it was a trademark fight over potatoes, and now lettuce? Eric Goldman points us to a trademark fight over the use of the word “Lettuce” in the name of a restaurant. You see, there’s a restaurant chain called Lettuce Entertain You Enterprises, who apparently got the trademark on “LETTUCE” when used in restaurant or catering businesses.

UK-based lawyers are also wary of “trade marks” misuse.

The IPKat urges his British readers to take careful note of this sudden shift, for their own sakes and for the sake of their consumers. Merpel wonders why HMRC is spelling ‘trade mark’ as ‘trademark’. Is this a major policy shift in terms of traditional British spelling, or merely the result of its eagerness to save time when sending important letters by omitting the spaces between words?

Who are these intellectual monopolies good for anyway (other than monopolists and lawyers)? The ACTA keeps coming under fire and quite rightly so [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. it is composed only by large companies.

Glyn sez, “The Anti Counterfeiting Trade Agreement [ed: a secret, non-UN treaty that rich countries are cooking up that will criminalize copyright infringement, sending non-commercial file-sharers to prison; authorize border guards to search your hard-drive and personal electronics for copyright infringements; and require governments to give media giants the power to decide who should and shouldn't have Internet access, without having to prove anything in a court of law] has been making its way in secret for some time, a coalition of consumer groups have now demanded that the text of the directive be made public…”

In the United States, hotspot access is now a patent. Amazing.

Boingo Wireless has been awarded a patent covering the method and apparatus for accessing networks through a mobile device (patent No. 7,483,984).

Over in Europe, FFII’s president managed to get a hold of Bilski’s patent application, saying that it is “included here in the joint appendix” (In re Bilski, Joint Appendix No. 2007-1130). He also warns that Software AG is now lobbying for software patents in Europe.

Regional and national development of industry clusters are a fundamental component of modern strategic economic policy. Although Germany’s Rhine-Main-Neckar cluster has one of the largest global concentration of resources it has not yet developed to the extent of similar clusters in the US, India or Finland. Impediments common to many European clusters include international awareness, access to venture capital, and lack of political support including an underdeveloped European software patent system.

South Africa too makes a mistake by assuming that more intellectual monopolies will advance research. It could not be further from the truth as it is very much the opposite.

[A] proposal in South Africa, that would potentially require patents on certain publicly funded research. While this seems totally backwards for any number of reasons (and many of us believe that publicly funded research should be available to the public since they paid for it), apparently some are concerned that “foreign multinationals” might “misappropriate” the research.

The obvious misconception here is that input will come from abroad and no output will be shared. It not only conflicts with fundamental notions of research but it is also short sighted to assume patents are good use of time. They sting both ways, eventually.

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

A Single Comment

  1. the11thplague said,

    June 27, 2009 at 2:16 pm

    Gravatar

    Finally, RMS took the right side. Now he explicitly says “we should discourage people from writing programs in C#”.
    http://www.fsf.org/news/dont-depend-on-mono

    And it’s on Slashdot too!
    http://news.slashdot.org/story/09/06/27/1759255/Richard-Stallman-Says-No-To-Mono?from=rss

    You were right man! You were so fu**ing right !

What Else is New


  1. Links 20/4/2018: Atom 1.26, MySQL 8.0

    Links for the day



  2. Links 19/4/2018: Mesa 17.3.9 and 18.0.1, Trisquel 8.0 LTS Flidas, Elections for openSUSE Board

    Links for the day



  3. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  4. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  5. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  6. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  7. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  8. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  9. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was



  10. The EPO in 2018: Partnering With Saudi Arabia and Cambodia (With Zero European Patents)

    The EPO's status in the world has declined to the point where former French colonies and countries with zero European Patents are hailed as "success stories" for Battistelli



  11. For Samsung and Apple the Biggest Threat Has Become Patent Trolls and Aggressors in China and the Eastern District of Texas, Not Each Other

    The latest stories about two of the world's largest phone OEMs, both of which find themselves subjected to a heavy barrage of patent lawsuits and even embargoes; Samsung has meanwhile obtained an antisuit injunction against Huawei



  12. The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

    EPO patent quality continues to sink while EPO management lies about it and software patents are openly being promoted/advocatedEPO patent quality continues to sink while EPO management lies about it (the article above is new) and software patents are openly being promoted/advocated



  13. SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

    Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism



  14. Links 17/4/2018: Linux 5.x Plans and Microsoft's 'Embrace'

    Links for the day



  15. The European Patent Office (EPO) Grants Patents in Error, Insiders Are Complaining That It's the Management's Fault

    The EPO has languished to the point where patents are granted in error, examiners aren't happy, and the resultant chaos benefits no-one but lawyers and patent trolls



  16. The European Patent Office Will Never Hold Its Destroyers Accountable

    With only one in seven EPO stakeholders believing that Battistelli's pick (António Campinos) will turn things around for the better, it certainly does not seem like people are happy and there's no real hope that Battistelli will ever be held accountable for his abuses after his immunity expires



  17. With Liars Like These...

    The European Patent Office continues to lie about the Unified Patent Court (UPC) amongst other things, still revealing its reluctance to say anything which is truthful or work to repair the damage caused by Benoît Battistelli



  18. Links 16/4/2018: Linux 4.17 RC 1, Mesa 18.0.1 RC, GNOME 3.28.1

    Links for the day



  19. IAM, Patently-O and Watchtroll (the Patent Trolls' Lobby) Try to Stop Patent Oppositions/Petitions (PTAB)

    In spite of fee hikes, introduced by Iancu's interim predecessor, petitions (IPRs) at the PTAB continue to grow in number and the patent maximalists are losing their minds over it



  20. The Patent Trial and Appeal Board (PTAB) is Ending Software Patents One Patent at a Time

    At an accelerating pace and with growing determination, PTAB (part of AIA) crushes patent trolls and software patents; the statistics and latest stories speak for themselves



  21. Academics and Think Tanks for Patent Maximalism

    Right-wing think tanks and impressionable academics continue to lobby for patent maximalism, rarely revealing the funding sources and motivations; in reality, however, such maximalism mainly helps large (already-wealthy) corporations, monopolists, and law firms



  22. Killing Patent Quality and Encouraging 'Covert' Software Patents Using the Buzzwords Du Jour

    The epidemic of buzzwords and/or hype waves that are being exploited to dodge or bypass patent scope/limitations, as seen in Europe and the US these days



  23. Crisis of Quality at the EPO Extends to Staff (Notably Examiners) and Management as Institutional Integrity is Severely Compromised

    A rather pessimistic but likely realistic outlook for the European Patent Office (EPO), which seems unable to attract the sort of staff it attracted for a number of decades



  24. The 'Blockchaining' of Software Patents (to Dodge the Rules/Guidelines) Now Coming to Europe

    A lot of software patents are being declared invalid (or not granted in the first place); having said that, using all sorts of hype waves (like calling databases “blockchains”) firms and individuals manage to still be granted software patents and sometimes patent trolls hoard these



  25. Links 14/4/2018: Wine 3.6, KDE Elisa 0.1

    Links for the day



  26. East Asia Should Have Adopted the Patent Strategy of South Asia, Notably India

    China seems to be so interested in patent maximalism that it has lost sight of the effect on foreign investment, e.g. US/European/Taiwanese/Japanese/Korean firms operating/manufacturing in mainland China



  27. Samsung is the 'New IBM', Sans the Trolling With Patents

    The 'relic' company, IBM, loses its patent leadership (as measured using some yardstick) to Samsung, a company which is relatively calm when it comes to patent activity (unless/only when sued, as happens a lot nowadays)



  28. David Barcelou May or May Not be a Patent Troll, But He is Certainly a SLAPPing Bully and Watchtroll is Fine With It

    Like a thin-skinned person/entity (which many in the patent microcosm are), David Barcelou and Automated Transactions (“ATL”) SLAPP their critics and surprisingly enough it's Watchtroll, who has been threatened by WIPO, coming to the bully's rescue (double standards)



  29. Links 12/4/2018: Stable New Kernels, Neptune 5.1

    Links for the day



  30. The USPTO Has a Nepotism and Lobbying Problem That Jeopardises the Rationality of US Patent Law

    The influence games of Washington are spilling over to the US patent office and poisoning/harming its ability to conduct professional operations without corporate influence (from either side, both corporations and law firms)


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