Red Hat and Microsoft Agree to Deal

Red Hat has announced that it will team up with Microsoft for computer virtualization.  According to the Nashville Business Journal, virtualization is a technology that allows companies to run multiple operating systems on a single server.  The agreement enables both companies to  join each other’s “validation/certification program” for virtualization.   

While many are familiar with Microsoft’s product, Windows, Red Hat is a provider of specialized forms of Linux.  Thus, this deal will provide technical support to those who wish to use both Windows and Linux on their servers.

Surprisingly absent from the deal are any patent licensing agreements.  Some believe this absence stems from a prior agreement that Microsoft reached with Novel, which is a key competitor with Red Hat.

This agreement may have come as a bit of a surprise for many in the industry.  The two companies have often clashed, as Microsoft has claimed in the past that Linux violates a number of its patents.  Red Hat, however, claims that software patents generally impede development.  Such differences are not surprising considering the fundamental differences between Linux and Microsoft.  Linux is open source software, in which code is shared by programmers around the world.  Microsoft, on the other hand, writes the code for Windows and keeps it private.

Microsoft Milestone: Company Receives 10,000th Patent

Earlier this month, Microsoft received its 10,000th U.S. patent, securing its place among the top 5 patent recipients.  While this milestone represents many different accomplishments, it illustrates how Microsoft stepped up its rush to the patent office several years ago.

According to Cnet News, the 10,00th patent covers a technology used in computers similar to Microsoft’s Surface that link a real-world object with a set of data or images stored on a computer.  Yet, most of the attention surrounding the patent isn’t on the patent itself, but rather on the milestone it represents.

“Logging the 10,000th patent really is a testament to all of the innovation that has been taking place…Patents really are the currency of innovation in our industry,” said Microsoft chief patent counsel Bart Eppenauer.

Microsoft has definitely done its part to encourage innovation, as it gives workers up to $1,500 each time they apply for a patent as well as a cube with details on the invention.  If the patent is granted, the workers then receive a plaque that includes a copy of the first page of the patent application.  Microsoft currently employs 100 people in its patent group, including more than 40 attorneys, to handle the 2,500 to 3,000 U.S. patent applications it files each year.

Google Sync Launched Through Patent License with Microsoft

On December 18, 2008, Microsoft announced that the iPhone, S60, BlackBerry, Sony Ericsson, and Windows Mobile phone were all included in a patent licensing agreement with Microsoft.  Yesterday, Google joined that list by launching their initial beta for a contact synchronization service.  According to Betanews, the service will enable individuals to share information for up to five mobile calendars and three email addresses between devices.

The licensing agreement represents a change for Microsoft, as the company has been increasing the availability of its technology to competitors.  One protocol that is being opened up is Exchange ActiveSync, which Microsoft’s own Exchange Server 2007 uses to maintain contact info, email distribution, and point of presence between networked PCs and mobile devices.

Furthermore, the patent license is crucial to Google because under Microsoft’s current policy, the use of an application program interface (API) to communicate with a system using one of your own protocols does not require a patent.  Yet, a company does need a patent if it serves up the protocol under its own brand name, which is done with Google Sync.

Is Microsoft increasing the availability of its technology to avoid being classified as unfair or noncompetitive?  While only those at Microsoft know the answer, other technology companies are definitely happy with this change in company policy.

Microsoft Exec to Release Patent Troll Study

According to Xchange, a former Microsoft executive has underwritten a study aimed at patent trolls.  The study will be aimed at determining who is to blame for the large amount of patent suits -filed by non-practicing entities – that have hit the U.S. courts in the last decade.

If the study is effective, it will be interesting to see where the claims made by patent trolls originated.  While it may be impossible to figure out when patent trolls first appeared (since some cases probably didn’t even make it to trial), it may shed some light on trends within the IP community.

However, one comical aspect to the study is that the executive’s former company, Microsoft, makes its money by collecting patents.  To Microsoft’s credit, the company is far from a non-practicing entity.

Microsoft and Brother Agree to Deal

Microsoft has announced that it has agreed to a patent-sharing deal with Brother.  According to Vnunet.com, the printer firm will be given access to patents used in designing multi-function office devices and embedded software.  The patent will cover Microsoft Office integration and embedded Linux systems.

David Kaefer, Microsoft’s general manager of intellectual property and licensing, said the following:

Our partners and customers continue to demand greater collaboration as they run increasingly diverse IT environments using technology and solutions that rely on both proprietary and open source code.  This “mixed source” world calls for sensible business arrangements between IT leaders to enable the use of software resulting from various development and business models.

Financial terms of the deal were not released, but Microsoft said that it would be receiving compensation from Brother.  This deal mirrors other diverse patent licensing agreements that Microsoft has recently secured.  Other famous and similar Microsoft deals include those with Kyocera, Nikon and Novell.

Microsoft Patents Smartphone Docking Technology

In a recent filing with the United States Patent and Trademark Office, Microsoft has apparently patented a smartphone docking technology that would allow the devices to connect to peripherals and networks.  The “smart system” would be similar to PCs, in that a smartphone cradle would allow the device to interface to peripherals, networks and large video displays through a USB connection, CIO reported.

For many years, Microsoft has publicly discussed how PCs and smart devices are reaching an intersection, and how PC technology will be available in smaller devices.  The filing seconds this notion by stating:

The cell phone is rapidly evolving into a smart communications device that can provide sufficient computing power and functionality to drive a wide variety of peripherals as well as access network services.  A major impediment to taking advantage of this evolving technology in the cell phone, for example, is the inability to connect the phone to peripheral devices and systems.

The iPhone is probably the first example of how the PC and the smartphone have crossed paths.  Although Microsoft has released a Zune music and video player to compete with the iPod, they have yet to release a Zune/Windows mobile device that could truly compete with the iPhone.  Perhaps this new patent will help keep Microsoft technology in the limelight while they invent their own answer to the iPhone.

Microsoft Sues over Patent Espionage

When one hears the terms “double agent” or “espionage,” one tends to associate those phrases with the CIA or KGB.  But, thanks to one former, sneaky Microsoft employee, those terms can also be applied to patents and the IP community.

According to Seattle Tech Report, Microsoft is suing a former employee and claiming that he used his position at Microsoft to gain access to confidential information related to patent litigation.  The case started when Miki Mullor was hired by Microsoft in November 2005.  Microsoft contends that Mullor applied for the job under false pretenses, after stating in his job application that he was a former employee at Ancora Technologies.  Mullor stated that the software development company had gone out of business, however, that was far from the case.  In fact, Ancora was still very much in business and Mullor was the CEO, according to Microsoft.

While he was at Microsoft, the company contends that Mullor downloaded confidential documents to his company-issued laptop, which were related to the subject matter of a patent complaint Ancora later filed in June 2008.  As Microsoft said in the complaint, “The documents downloaded by Mullor relate directly to the subject matter of Ancora’s Patent Action.  These documents had no bearing on Mullor’s work at Microsoft at the time.”

Ancora initially named Dell, Hewlett-Packard and Toshiba, in the lawsuit, stating the use of a Microsoft technology violated an Ancora patent.  Since then, Microsoft has also been named a party in the suit. Ancora stated their position on their web site:

“To secure each copy of (Windows), without burdening the honest user, (PC makers) use a technology known as System Locked Pre-Installation (SLP) to protect Windows against piracy.  SLP is Ancora’s technology and is covered by our pioneer patent.”

Microsoft is seeking a court order which would bar Mullor from any involvement in the patent claim, including any assistance he could give Ancora with prosecuting the suit.

Yet, those who are anxious to follow this trial will need to have patience as a virtue.  The case is scheduled for trial on January 26, 2010, in a Los Angeles federal court.

Sony Patents Touchscreen Printer

Due to the recent hype surrounding the release of the Palm Pre, touchscreens have become the newest craze.  Thus, news about touchscreens have stolen must of the IP headlines in recent days, and now Sony is joining in.  There are reports that  Sony is looking to release their own touchscreen digital printer.

According to Cnet News, a recent Sony patent describes a printer with a touchscreen user interface.  The printer wirelessly downloads photos from a digital camera, and the user can preview them on a screen and decide which ones to print.

Many suspect that the printer will also have popular options such as red-eye fixes, cropping, and other basic image adjustments.  However, since this technology is still in the patent stage it is not assured that it will eventually make its way to the market.

Some critics think that this technology rivals the Microsoft Surface, which allows users to manipulate digital content by the use of natural motions.  One of the many capabilities of the Surface is that, like the new Sony printer, it also can download digital pictures from cameras.  It’ll be interesting to see if the new Sony device hits the market, and if it will face litigation from Microsoft.

IBM Breaks U.S. Patent Record

IBM has announced that it earned 4,186 U.S. patents in 2008, becoming the first ever company to earn more than 4,000 U.S. patents in a single year.  According to CNNMoney, the total number of 2008 patents granted to IBM exceeds the combined issuances of Microsoft, Hewlett-Packard, Oracle, Apple, EMC, Accenture, and Google.

This is the 16th straight year that IBM has led in U.S. patents issuances.  Yet, while announcing their number of patents, IBM also announced that they plan on increasing the number of technical inventions they publish annually by 50%.  IBM plans on publishing these inventions instead of seeking patent protection.  This decision will make their inventions freely available to others, but IBM will still continue to seek patents and protect its intellectual property.  Officials at IBM believe that their planned increase in publishing inventions will increase the build of a new, smarter infrastructure.  IBM looks to help realize this goal by pledging not to assert certain patent rights in order to increase innovation.

IBM researchers will also join a project aimed at developing a Patent Quality Index to address the issue of low-quality patents.  The goal is to improve the patent system by establishing empirical, objective metrics that can be used to determine the clarity of claims as well as the quality of prior art cited. 

“Improving patent quality must become an essential priority and we believe the application of advanced data analytics can help create an empirical measure for what has previously been a subjective evaluation,” said Dr. Rick Lawrence, manager of Predictive Modeling for IBM Research.

Over 20 Companies Sued over OS Patent

Microsoft, Symantec, and 20 other companies have been named in a patent infringement lawsuit by a small Texas firm.  Information Protection and Authentication of Texas (IPAT) was granted two patents in the mid-90′s over systems for governing application and data permissions, and ensuring application integrity.  IPAT is looking for an injunction against the named companies as well as damages, reports Ars Technica.

The patent in question was granted in May 1995, and was a continuation of a previous patent filed in May 1994.  The former patent is titled “Computer system security method and apparatus having program authorization information data structures,” and it describes a system of authorization and permissions when executing applications and processing user data.  As the patent describes:

[A system monitor] limits the ability of a program about to be executed to the use of predefined resources.  The system monitor builds a data structure including a set of authorities defining that which a program is permitted to do and/or that which the program is precluded from doing.

IPAT purchased these patents from their listed inventor, Addison M. Fischer.  The complaint was originally filed on December 30, 2008, and a response from the defendants is still forthcoming.

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