Bonum Certa Men Certa

Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

China is copying a failed experiment

Chinese teapot



Summary: A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly

PATENT scope went out of control back in the days of David Kappos and some of his predecessors at the USPTO. They made it their goal to simply increase the pace of patenting irrespective of patent quality -- the same mistake the EPO is now making under Battistelli's truly awful leadership. In the process, the USPTO granted a lot of patents on software (algorithms). This, in turn, gave rise to patent trolls.



Speaking of patent trolls, remember Finjan? It is a nasty patent troll that received money (along with other support) from Microsoft and now goes after legitimate companies. Its new press release (from today) says in the summary: "Avast's Acquisition of AVG Has Resulted in Claims for Breach of Contract and Infringement on Finjan's Patents" (suing via Finjan Holdings, as usual).

Trolls will be trolls.

"Speaking of patent trolls, remember Finjan? It is a nasty patent troll that received money (along with other support) from Microsoft and now goes after legitimate companies."Remember that Thomas Edison (now a patent icon) was a patent troll; he was not an epic inventor but a famous 'thief' (of ideas). Now see this new article by Jason Rantanen regarding a book he has read. "I recently read Graham Moore’s The Last Days of Night," he said, "a tale about the patent war between Thomas Edison and George Westinghouse from the point of view of Paul Cravath, the young lawyer representing Westinghouse (and yes, that Cravath). The book is historical fiction (which means that it consists of made up/condensed elements set within the broader landscape of historical evidence), but many of the themes within it ring true today. Among them are divergent views of the role of patents in technological development. Edison personifies the corporation-as-inventor, with his organized system for inventing. Westinghouse embodies the practical aspects of invention–the need to take a technology and make it into a commercial reality. And Nikola Tesla is the “flash of genius” inventor who invents for the love of inventing rather than for material rewards."

In the field of software, where a lot of code gets published as Free/Open Source software, people receive credit for their work through attribution, reuse, etc. They don't want or need to pursue patents. Those who want software patents typically develop no software at all; they don't even know how to. The patenting of software is pointless as it's the domain of copyrights, not patents.

"The patenting of software is pointless as it's the domain of copyrights, not patents."Watchtroll, which has resorted to publishing press releases (desperate for money perhaps; software patents are a dying business), is still complaining that PTAB is fixing patent scope (i.e. more of the same) and Law 360, which targets the patent microcosm, says that "Kinglite Loses Final Round In PTAB Software Patent Fight" in an article published over the weekend (behind paywall) to say:

Kinglite Loses Final Round In PTAB Software Patent Fight



Claims in two Kinglite Holdings Inc. computer software patents were found invalid Thursday, capping a spate of recent decisions from the Patent Trial and Appeal Board involving more than a dozen patents owned by the Singapore company.

The PTAB said a group of computer hardware companies, led by American Megatrends Inc., had persuasively shown all claims in one Kinglite patent were obvious. Numerous claims in a second patent were also found to be unpatentable.


Another site which favours software patents has just written a little rant about ۤ 101/Alice. To quote:

Refusing to consider only elements of patent claims that differed from the prior art in considering patent-eligibility under the test of Alice Corp. v. CLS Bank and 35 U.S.C. €§ 101, a court has denied a defendant’s motion to dismiss. Capstan AG Systems, Inc. v. Raven Indus., Inc., No. 16-cv-04132-DDC-KGS (D. Kans. Jan 11, 2017). The patents-in-suit, U.S. Patent Numbers 8,191,795 and 8,523,085, claim systems and methods for controlling valves of agricultural sprayers. For example, the claimed invention controlled flow rates to provide even spraying when a tractor was turning.


It seems rather apparent that the "golden age" of software patents in the US is over, but over in China the disease of these patents -- and trolls that accompany such patents -- is spreading. See this new article which deals with patents on graphical user interfaces (GUIs) and the latest from IAM, which suggests an expectation of increase in patent litigation:

Back in December, Supreme People’s Court vice president Tao Kaiyuan told media that top authorities were considering the introduction of a national IP appeals court for China. Details are sparse at the moment, but the nation’s top court is likely to be consulting with stakeholders now in order to come up with a more detailed proposal. Madame Tao is a heavy hitter in the Chinese IP policy world, and has been an advocate of both specialised courts and a greater IP role for the judiciary (versus administrative bodies). Her comments are a good indication of what shape the next round of IP reform in China will take.


It sometimes seems like not only jobs are moving to China but so do software patents (which nobody wants anyway) and patent trolls.

Recent Techrights' Posts

Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
 
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work