Since it is already happening on the face of it and LG adopts similar tactics that prevent responsibility or reaction by proxyfing to trolls. This is the kind of things OIN was supposed to protect but we have seen hardly any evidence that OIN is taking any effective measures to protect against them.
“With the demise of software patents come some interesting new developments, including the decision at Infosys historically very close to Microsoft and a proponent of software patents to join the Open Invention Network (OIN).”
OIN cannot guard against this
The idea behind that OIN will somehow ‘snatch’ patents before they reach out trolls, assumes that Microsoft is naïve. See what happened with the CPTN. OIN cannot guard against this; OIN is not the solution actually to the core issue, i.e., patents on software. OIN stakeholders, in particular the large ones, don’t want patents on software to stop. They want GNU/LINUX and they want patent on software too. So they want something very impossible!
Over in India patents on software is kept illegal over all these years. Infosys, a Microsoft proxy which had a change of heart on software patents (as they are impossible to attain), joins the OIN (open invention network). It is rather surprising, but given the nationality of India , it is not entirely shocking. Their CEO has actually lashed out a software patent in this context, a move which we very much welcome.
OIN is not the solution to the core: patent on software
Over in United States, there is some uncertainty over the death of software patents. Court generally knows that the court is hostile towards software patents,(the higher the court the more hostile they are), it is typically existence of long exhaustive process which eventually will yield nothing. IAM, an enemy to India, and a proponent of software patents, worries about an impending SCOTUS, ruling which would most likely further inhibit patent trolls and software patents in US.
IAM wrote:
“As anyone with even a cursory interest in patents could tell you, this means that as things stand a large proportion of patent suits are concentrated in the Eastern District of Texas, which because of its handling of issues such as discovery and early case motions, is perceived to be particularly plaintiff friendly.”
In US uncertainty of death of patents
According to the new article, USPTO, is probably realizing that the software patents are probably the things of the past.
To summaries it further;
“Recent Federal Circuit decisions, and updated Guidance issued by the USPTO have provided practitioners with a new roadmap to navigate the minefield left in the wake of the “Alice” case.”
There are no signs that the justice will revisit the matter, anytime soon. Instead again behind pay wall justice will look into other matters. MIP gives paying subscribers a glimpse at what happens in Impression v Lexmark (oral arguments). It’s a SCOTUS patent case which along with TC Heartland will quite likely further restrict patent scope in the US (a much-needed and overdue reform).
