Bonum Certa Men Certa

A Europe That Works for Patent Trolls and Their Legal Representatives

Is this what we want?

UPC will make us so much... oh wait, it died?



Summary: Misguided and dangerous policies, many of which imposed against the law and in direct violation of governing documents, strive to benefit/enrich a fake industry whose sole 'product' is lawsuits; people must fight back because this fake industry has taken over the media as well, misinforming the wider public about patent ramifications, the UPC and so on

THE SHEER TYRANNY OF TEAM Campinos/Battistelli, now in charge of the European Patent Office (EPO) for a whole decade, has corrupted the media, corrupted academia and rewarded a massive fraud whose patents were passed to patent trolls which attack COVID-19 researchers in France. The impact of this regime has been tremendously negative. It turned me from semi-proud of the EPO to utterly embarrassed by it. Prior to this regime I submitted correspondence to the EPO; my sole issue was with software patents. Thankfully, if not belatedly (2014), insiders shed light on what had been happening at the Office. That was about 4 years since 'Battistelli and co' ousted Brimelow, who wasn't truly terrible (our sole criticism of her was, once again, only to do with patents on software "as such"). Those patents often ended up at the laps of patent trolls and many of these trolls prey on Europe's automobile and software industry, making it less competitive.



"Those patents often ended up at the laps of patent trolls and many of these trolls prey on Europe's automobile and software industry, making it less competitive."Back then media was still receiving some money/investment for independent journalism, leaving it unreliant on bribes from law firms and the EPO. Nowadays, as we've repeatedly alleged, more than 90% of reports on the subject of patents are pure propaganda sponsored if not authored by the litigation 'industry'. It has become so grotesque, leaving us cynical and hopeless.

Consider this new 'article' from Power Technology and several more places, with most of the whole thing [1,2] being just quotes from Andy Docherty, a Partner at Marks & Clerk, i.e. shameless self-marketing. They cross-posted the same EPO 'ad' in at least three 'news' sites...

And speaking of software patents, Sinan Erkan and Simge Kılıç (HERDEM Attorneys at Law) have just promoted (e.g. in Lexology) their post about Software as a Medical Device (SaMD) -- one of many ways to disguise patents on algorithms; today's EPO grants illegal software patents by pretending that they're "medical" and here's the excuse/dodge explained:

The EU Directive 2009/24/EC of the European Parliament and of the Council on the Legal Protection of Computer Programs (“Legal Protection of Computer Programs Directive”) sets out the provisions regarding the rights arising, the rights of the beneficiaries, the exclusive rights of the rights holder, limited rights and exceptions related to them, and the cases where the program users are permitted to convert the program back into source code. The ideas and principles underlying any element of a computer program, including those underlying the interfaces, are not protected by copyright under the Legal Protection of Computer Programs Directive. Accordingly, a computer program would be subject to copyright protection provided that it is of a unique nature in terms of the creator's own intellectual creation. However sole copyright protection for stand alone software and software as a medical device (“SaMD”) may be circumvented through reverse engineering. Unlike patent protection that protects against individual discoveries, copyrighted works may be decompiled without the knowledge of the author. Particularly for functional software, such as algorithms, copyright protection would not be available for IP protection, since the expression in the computer program is protected under the copyright regime and not its functions.


And somehow we've moved from copyrights of code to patents on code, even when that's clearly not legal. The EPO hoped that a UPC-like court would somehow change de facto law and allow such unlawful patents. The EPO worked with European publishers, paying them to play along with the propaganda. IAM and Managing IP were among those publishers.

Managing IP's UPC pushers, notably Patrick Wingrove, are again giving a voice to patent trolls. They're done that a lot lately, celebrating trolls as though they champion innovation although they produce nothing whatsoever. "Blackbird, IPCom, Dominion Harbor, Longhorn IP, Acacia Research and Harfang IP" were named as 'not trolls’ yesterday, even though they're classic examples of trolling. This serves to show that Managing IP has become a propaganda farm of trolls, just like IAM. Obviously they're also linked to the EPO's management.

"Yet another Nokia troll," one reader told us, "is WSOU."

"Just found this," he told us last night, "because today's RPX Alerts contain a story entitled "WSOU Follows Established Filing Path Against Its Third Defendant, Microsoft," and I was wondering who WSOU was..."

Here's some background:

The single case that WSOU Investments, LLC filed against Huawei has become a barrage ( 6:20-cv-00189, 6:20-cv-00190, 6:20-cv-00191, 6:20-cv-00192, 6:20-cv-00196, 6:20-cv-00198, 6:20-cv-00199, 6:20-cv-204, 6:20-cv-205), with WSOU filing nine new Western District of Texas cases, each asserting a single patent from a portfolio of assets received from Nokia (including from Alcatel-Lucent) throughout 2017. Together, the ten suits target a range of networking devices and systems provided by Huawei.

The first of a family of three, the patent asserted in the -189 case ( 7,095,713) issued to Alcatel-Lucent in August 2006 with an estimated priority date in April 2003. The NPE accuses Huawei of infringement through the provision of certain S9300 series (e.g., S9303, S9306, and S9312) network switches. The '713 patent generally relates to a "fabric access device" with "multiple system interfaces".

Comprising a one-member family, the patent asserted in the -190 case ( 7,487,240) generally relates to verifying network activity and displaying the results of that verification, as well as generating alarms based on certain related thresholds. It issued to Alcatel-Lucent in February 2009 with an estimated priority date in April 2003. WSOU has sued Huawei over the provision of network management products (including the iManager U2000 Unified Network Management System), targeting features related to performance management and fault detection.


Our latest and our next Daily Links contain articles about weak patents and software patents being scuttled by Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). Those patents were erroneously granted by the U.S. Patent and Trademark Office (USPTO), leaving leeway for trolls like the above to leverage quantity over quality. Today's EPO is the same; always quantity over quality. We know the inevitable consequence.

Related/contextual items from the news:


  1. EPO: Innovation in the energy sector increases

    The latest data from the European Patent Office shows continued innovation in the energy sector with the number of European applications jumping from 10,668 to 11,255, a rise of 5.5% on the previous year.



  2. EPO: Innovation in the energy sector increases

    Andy Docherty, a Partner at Marks & Clerk, an intellectual property firm, commented on the report and its findings:

    “Energy plays a key role in driving the global economy, and, as the ongoing instability in oil prices highlights, is a highly complicated and fluid sector, subject to all kinds of externalities. Innovation is key in this sector therefore, in giving companies the edge and allowing them to tackle the many energy challenges we face – whether finding more efficient fossil fuel sources, or developing exciting new technologies such as nuclear fusion.

    “The reduction in the oil price will no doubt inspire further innovation in this sector, as the global economy slowly transitions out of lockdown over the coming months, and demand for oil begins to increase.”

Recent Techrights' Posts

The FSF Ought to Protest Against UEFI 'Secure Boot' (Like It Used To)
libreplanet-discuss stuff
GNU/Linux Reaches 6.5% in Canada (Including ChromeOS), Based on statCounter
Not many news sites are left to cover this, let alone advocate for GNU/Linux
The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
FUD Alert: 2024 is Not 2011 and Ebury is Not "Linux"
We've seen Microsofers (actual Microsoft employees) putting in a lot of effort to shift the heat to Linux
 
Liberty in Liberia? Windows Falls Below 10% and Below iOS
This is clearly a problem for Microsoft
Techrights Congratulates Raspberry Pi (With Caution and Reservations)
Raspberry Pi will "make or break" based on the decisions made in its boardroom
OSI Makes a Killing for Bill Gates and Microsoft (Plagiarism and GPL Violations Whitewashed and Openwashed)
meme and more
People Who Defend Richard Stallman's Right to Deliver Talks About His Work Are Subjected to Online Abuse and Censorship
Stallman video removed
GNU/Linux Grows in Denmark, But Much of That is ChromeOS, Which Means No Freedom
Google never designs operating systems with freedom in mind
Links 16/05/2024: Vehicles Lasting Fewer Years, Habitat Fragmentation Concerns
Links for the day
Links 16/05/2024: Orangutans as Political Props, VMware Calls Proprietary 'Free'
Links for the day
TechTarget (and Computer Weekly et al): We Target 'Audiences' to Sell Your Products (Using Fake Articles and Surveillance)
It is a deeply rogue industry that's killing legitimate journalism by drowning out the signal (real journalism) with sponsored fodder
Links 15/05/2024: XBox Trouble, Slovakia PM Shot 5 Times
Links for the day
Windows in Times of Conflict
In pictures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 15, 2024
IRC logs for Wednesday, May 15, 2024
Gemini Links 15/05/2024: 50 Years of Text Games
Links for the day
Ebury is Not "Linux", That's Just the Media Shifting Attention (Microsoft in the Hot Seat for Total Breach Right Now)
Seems like it may be a Trojan
Links 15/05/2024: Growing Tensions Between East and West, Anticlimax in Chatbot Space
Links for the day
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Richard Stallman Talk 'Delayed'
"Repousé à une date ultérieur. Du au congé, il n'était pas possible de l'organiser bien dans le temps disponible."
Links 15/05/2024: Toll on Climate Change, Physical Assaults on Politicians
Links for the day
[Meme] Free Society Requires Free Press
The Assange decision is now less than a week away (after several delays and demand for shallow 'assurances')
CyberShow Goes "Live"
The CyberShow has a similar worldview (on technology and ethics) to ours
Latest Status of Site Archives (Static Pages)
article listings are reaching a near-final form
IRC Proceedings: Tuesday, May 14, 2024
IRC logs for Tuesday, May 14, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Today's Talk by Richard Stallman Going Ahead as Planned
That talk will be in French
At This Pace (and Rate) It Won't Take Long for Android to Unseat Windows in Russia
Operating System Market Share Russian Federation
[Video] The High Cost of High-Level Tools and High-Level Programming Languages
Windows and Microsoft-style teaching remain a barrier to simple programming
Linux and Linux Foundation Leftovers
Some more Linux news
Africa is Still Android
Operating System Market Share Africa: May 2024
Windows Falls to 10% in Uganda, It Was 94% in 2010
Microsoft fell from market dominance to (soon) single digit (percent-wise).
Grouping Our Archives by Week
No more 'numbers lottery', the clustering is based on dates
[Video] LinuxFest Northwest is Letting GAFAM Take Over (and Why It's Hard to Resist)
Microsoft and LinuxFest Northwest
Links 14/05/2024: Bounties on Terrible Patents, China Censors Dissidents Internationally via Attack Dogs
Links for the day
Gemini Links 14/05/2024: Server Failure Swallows rawtext.club
Links for the day
Links 14/05/2024: SoftBank and ARM Chasing Hype, "Why Are You Working?"
Links for the day
Links 14/05/2024: Microsoft Edelman Works for Climate Change Deniers, NATO Draws a Cyber Red Line in Tensions With Russia
Links for the day
Feasibility of Self-Hosting is About More Than Speeds
Speed helps, but the Internet (Net) is a global, interconnected system that no single person or company or government fully controls
EPO: Language of Conflict
A letter about this has already been sent
IRC Proceedings: Monday, May 13, 2024
IRC logs for Monday, May 13, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Watching Our Videos Before We Write Articles for Them
It has long been possible
Microsoft is Measured at Lower Than Apple in Niger (Of Course Android Dominates)
Niger's OS share (as measured by Web sites) is subjected to significant fluctuations because it's not highly connected
Refuting the Ludicrous, Laughable Idea I Don't (or Cannot) Code
I've written code for 30 years
[Meme] "Talk is Cheap. Show Me the Code." - Linus Torvalds
be like Chad
Windows in Chad: Going Extinct
From 100% to 1%?
Doing the Site From Home (What I Always Wanted to Do)
Even some of the hosting was done from home (since 2020)