Patents

Microsoft gets 10,000th patent

Microsoft's patent push is paying off.

The software maker, which stepped up its rush to the patent office five years ago, has reached a milestone, having received its 10,000th U.S. patent earlier this month.

The efforts have propelled Microsoft to the upper echelon among patent filers, though IBM still gets more patents issued than any other company. Last year, Big Blue became the first company to have 4,000 patents issued in a single year.

Microsoft, meanwhile, has risen to the top 5 among patent recipients and for the last two years has topped a key rankingRead more

Behind the scenes in Microsoft's war against Linux

Even as Microsoft has slipped into the mainstream of open source by embedding it in its products and adopting open-source strategies for services such as customer relationship management, it continues its subversive fight against Linux.

Linux is different, you see. Open source, as Microsoft is starting to recognize, is just another part of its ecosystem, one that it must support, if it wants Windows to continue to be a first-class computing citizen.

The open-source operating system, however, is competition--Microsoft's top competition, if CEO Steve Ballmer's words are to be taken at face value.

In this context, Microsoft's … Read more

Rambus patent infringement trials put on hold

A U.S. federal judge on Tuesday postponed indefinitely the coordinated patent infringement cases filed by Rambus against a collection of rival memory chipmakers.

The cases were scheduled to go to trial later this month.

Judge Ronald M. Whyte of the U.S. District Court for the Northern District of California issued an order indefinitely postponing the long-running cases against Hynix Semiconductor, Micron Technology, Nanya Technology, and Samsung Electronics, pending appeals of earlier court decisions.

Shares of Los Altos, Calif.-based Rambus, which licenses technology for high-speed memory architectures, plunged 22 percent in after-hours trading, or $2, to $6.95. … Read more

Microsoft suit alleges ex-worker stole trade secrets

Updated 4:55 p.m. PST with Mullor comment. Correction, 5:12 p.m. PST: An earlier version of this story had the incorrect day the Seattle Post-Intelligencer reported on this suit. It was Thursday.

Microsoft has sued a former employee for allegedly lying when he applied for a job there and stealing trade secrets that were later used in a lawsuit against Microsoft partners.

According to the lawsuit, filed January 22 in King County Superior Court, Miki Mullor stated on his application that he no longer worked at Ancora Technologies because it had gone out of business. However, Sammamish, … Read more

Venture firm picks up Transmeta chip patents

Updated at 10:45 p.m. PST with additional information about Intellectual Ventures

Intellectual Ventures has acquired the patent portfolio of Transmeta, an erstwhile supplier of low-power Intel-compatible x86 processors.

Intellectual Venture Funding, an affiliate of Intellectual Ventures, has picked up 140 U.S. patents and additional pending patent applications owned by Transmeta, which was acquired by privately held Novafora in November of last year.

The Transmeta technology will be used "through two distinct routes," according to an Intellectual Ventures' statement. Novafora will improve its own proprietary designs by using some of the technologies invented by Transmeta. And … Read more

Buzz Out Loud 898: Fail whale tale

Aye mateys, it is a tale sad and full of woe. It is about Natali Del Conte and the pictures she takes of the unsuspecting public. How will the proposed law to require a clicking-sound in phone cameras affect her? Badly, my friends. Badly. We also kick around the DTV transition some more and IE 8. Listen now: Download today's podcast EPISODE 898

Microsoft releases IE 8 browser http://news.bbc.co.uk/2/hi/technology/7852340.stm http://www.download.com/8301-2007_4-10150516-12.html

Senate passes bill to delay digital TV switch http://www.washingtonpost.com/wp-dyn/content/article/2009/01/26/AR2009012601984.htmlRead more

iPhone: Apple's Key "Multi-touch" Patent Awarded

The US Patent Office has, as of January 20, 2009 awarded Apple, Inc. patent number 7,479,949, which is titled "Touch screen device, method, and graphical user interface for determining commands by applying heuristics". The patent covers the multi-touch and all its gestures (swipe, pinch, rotation, etc.) that are used on the Apple iPhone and was originally filed in September 2007.

A portion of the patent reads:

"A computer-implemented method for use in conjunction with a computing device with a touch screen display comprises: detecting one or more finger contacts with the touch screen display, applying … Read more

Apple awarded key iPhone multitouch patent

Apple has been awarded a patent that appears to cover much of the iPhone's multitouch user interface.

World of Apple (via MacRumors) spotted the patent, which was awarded last Tuesday to several Apple executives, including Steve Jobs, iPhone software chief Scott Forstall, and Wayne Westerman, one of the founders of a company called Fingerworks that Apple acquired in 2005.

The patent is extremely long, and covers many of the methods used by the iPhone to display data, such as pinch-to-zoom Web browsing and swipe-to-scroll.

This patent likely influenced COO Tim Cook's comments the day after it was awarded … Read more

New bill approaches patent reform 'part and parcel'

There are many opposing viewpoints on the issue of patent reform, but at least one thing can be agreed upon: patent law is complicated.

Comprehensive patent reform will likely have to take a multifaceted approach, including reform of patent office procedures and the litigation process. A bill introduced this week, however, takes a focused approach to patent reform by aiming to make the subject less confusing for judges.

Rep. Adam Schiff (D-Calif.) and Rep. Darrell Issa (R-Calif.) reintroduced legislation this week that would start a 10-year pilot program to educate district judges on patent issues. Judges from courts that meet … Read more

Microsoft's struggle to compete with 'free'

Back in 2002, as Roy Schestowitz calls out, Microsoft was desperately trying to figure out a response to Linux. The problem wasn't Linux as a product-level competitor. The problem, as its Windows chief, Jim Allchin, told a small gathering of Microsoft partners (PDF), is that Linux changes the nature of software competition with odd things like "community" and "GPL licensing," the latter of which Microsoft didn't like one bit :

We feel a huge threat from Linux. Maybe we shouldn't, which is a question you could answer from your perspective...There's Linux the community. We're going to learn from Linux the community. Incredible what they did...We're going to practice and practice and practice (to learn how to respond to Linux)...

GPL is the licensing model. We thlnk it's very bad...We don't think it's the same as public domain. Somebody wants to put in a free DSB(?), we don't have a problem with that, at least on licensing. But GPL, we think it's very bad basically for the world, but especially for the United States.

This is not surprising, given that Allchin had earlier deprecated Linux as "an intellectual-property destroyer" in 2001.

But name-calling was proving not to be enough, and for a reason that Allchin and Microsoft struggled to grasp, but one that its partners, which distribute the bulk of Microsoft's software, felt first-hand on the front lines. When Allchin later asked the participants what the biggest driver of Linux is, they didn't mention its modularity, high performance, or other characteristics. Back in 2002 (and, indeed, today, in many instances), one thing mattered:

Linux was free.

Sure, there was the cost of deployment, training, etc., and Allchin called out the work Microsoft was going to do to "educate" the market through IDC and other analysts about the "true" costs of Linux, but price was why these Microsoft partners were starting to defect, in some instances, to Linux.

Allchin's response?

We'll never meet free."

And that is why Microsoft has struggled against open source, and why it will continue to do so. Ubuntu's Mark Shuttleworth called it out well over a year ago, arguing that the difference between $0.00 and $0.01 is huge and game changing. Microsoft can halve its price, and Allchin talks in the transcript about doing just that. But free? That's not its business model.

Given Microsoft's difficulty in competing with open source's price, it's perhaps not surprising that Allchin hinted at another way of competing with Linux and open source: patents. Imposing a patent tax on open source is a viable way of raising its price tag beyond $0.00.

There's going to be a patent lawsuit on Linux. It's bound to happen...and the patent lawsuit won't really be about the license. It will be simply, "Hey, these guys took intellectual property." And whether the lawsuit comes from Wind River or in X, Y, Z, there's going to be one. Guaranteed. As I sit here today, I will guarantee you at some point there's going to be a challenge about the patents...… Read more