News

Dyson May Make Wearable Air Purifiers That Double as Headphones, Says Report (cnet.com) 39

A vacuum giant may be looking to hoover up some of the wearable tech market. From a report: Dyson is considering making a wearable air purifier that could double as headphones, according to Bloomberg, which reported the company submitted patents for wearable air-purifying tech earlier this year. Air purifiers are popular in Asia, especially in China where atmospheric pollution is a serious issue. Air purifiers remove pollutants through filtration, electrostatic precipitation or ionization. Many Chinese citizens also wear face masks when they go outside to avoid inhaling air pollution.
China

Chinese President Vows To Boost Intellectual Property Protection (afr.com) 118

hackingbear writes: In the opening of China's first import-themed trade fair, President Xi Jinping promised tougher penalties for intellectual property theft, a key concern of the Trump administration, in front of leaders and executives from 3,600 companies from more than 170 countries. China has been steadily advancing intellectual property protection over the years. In addition to filing twice as many patents as the U.S. in 2017, up nearly 14 folds from 2001, it is also increasingly being selected as a key venue for patent litigation by non-Chinese companies, as litigants feel they are treated fairly as foreign plaintiffs won the majority of their patent cases in 2015 (though that likely attracts patent trolls). China's journey from piracy to protection models the journeys of the U.S. which had blatantly violated intellectual properties in building its modern industry.
Patents

Patent Troll Values Its Entire Portfolio At $2, Goes Bankrupt (arstechnica.com) 117

mspohr shares a report from Ars Technica: In September 2018, Shipping & Transit LLC (formerly known as ArrivalStar) filed for Chapter 7 bankruptcy -- voluntary liquidation -- but no one seems to have noticed until the Electronic Frontier Foundation pointed it out on October 31. The company claimed that it held the patent on vehicle tracking and related alerts. But about 15 months ago, judges began to rule against Shipping & Transit for the first time. That seems to have put a damper on its entire business model.

Now, according to Shipping & Transit LLC's federal bankruptcy filings, its global patent holdings (34 in the United States and 29 elsewhere) are worth a whopping $2. Meanwhile, it owes more than $423,000 to numerous creditors, including banks, law firms, and something called the "West African Investment Trust," based in Geneva, Switzerland.

Government

Pentagon Wants To Predict Anti-Trump Protests Using Social Media Surveillance (vice.com) 421

Alice Marshall shares an excerpt from Motherboard: The United States government is accelerating efforts to monitor social media to preempt major anti-government protests in the U.S., according to scientific research, official government documents, and patent filings reviewed by Motherboard. The social media posts of American citizens who don't like President Donald Trump are the focus of the latest U.S. military-funded research. The research, funded by the U.S. Army and co-authored by a researcher based at the West Point Military Academy, is part of a wider effort by the Trump administration to consolidate the U.S. military's role and influence on domestic intelligence.

The vast scale of this effort is reflected in a number of government social media surveillance patents granted this year, which relate to a spy program that the Trump administration outsourced to a private company last year. Experts interviewed by Motherboard say that the Pentagon's new technology research may have played a role in amendments this April to the Joint Chiefs of Staff homeland defense doctrine, which widen the Pentagon's role in providing intelligence for domestic "emergencies," including an "insurrection."

The Almighty Buck

Qualcomm Says Apple Is $7 Billion Behind In Royalty Payments (bloomberg.com) 116

Last Friday in federal court, Qualcomm lawyer Evan Chesler said Apple is $7 billion dollars behind in royalties. "They're trying to destroy our business," he said. "The house is on fire and there is $7 billion of property damage right now." Bloomberg reports: Qualcomm wants as many as 56 patent-related claims and counterclaims cut from a lawsuit with Apple and its Asian manufacturers, arguing that these are just a sideshow to the broader licensing dispute between the companies. Apple, through its manufacturers, halted royalty payments to Qualcomm last year and the tech giants' showdown has escalated into some 100 legal proceedings around the world. Apple argues that Qualcomm is using its intellectual property to bully customers into paying excessive royalties even as it tries to duck scrutiny over whether its patents are valid. "You can't just let Qualcomm walk away from this," Apple's lawyer, Ruffin Cordell, told the judge at Friday's hearing.
Open Source

Software Freedom Conservancy Shares Thoughts on Microsoft Joining Open Invention Network's Patent Non-Aggression Pact (sfconservancy.org) 66

Earlier this week, Microsoft announced that it was joining the open-source patent consortium Open Invention Network (OIN). The press release the two shared this week was short on details on how the two organizations intend to work together and what does the move mean to, for instance, the billions of dollars Microsoft earns each year from its Android patents (since Google is a member of OIN, too.) Software Freedom Conservancy (SFC), a non-profit organization that promotes open-source software, has weighed in on the subject: While [this week's] announcement is a step forward, we call on Microsoft to make this just the beginning of their efforts to stop their patent aggression efforts against the software freedom community. The OIN patent non-aggression pact is governed by something called the Linux System Definition. This is the most important component of the OIN non-aggression pact, because it's often surprising what is not included in that Definition especially when compared with Microsoft's patent aggression activities. Most importantly, the non-aggression pact only applies to the upstream versions of software, including Linux itself.

We know that Microsoft has done patent troll shakedowns in the past on Linux products related to the exfat filesystem. While we at Conservancy were successful in getting the code that implements exfat for Linux released under GPL (by Samsung), that code has not been upstreamed into Linux. So, Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact.

We now ask Microsoft, as a sign of good faith and to confirm its intention to end all patent aggression against Linux and its users, to now submit to upstream the exfat code themselves under GPLv2-or-later. This would provide two important protections to Linux users regarding exfat: (a) it would include any patents that read on exfat as part of OIN's non-aggression pact while Microsoft participates in OIN, and (b) it would provide the various benefits that GPLv2-or-later provides regarding patents, including an implied patent license and those protections provided by GPLv2 (and possibly other GPL protections and assurances as well).

Microsoft

Patent Filings Reveal New Details About Microsoft's Vision For a Foldable, Dual-Screen Surface Device (geekwire.com) 26

A patent application published this week by Microsoft adds more fuel to the fire about the possibility of a new hybrid dual-screen Microsoft Surface device that blurs the lines between phone and tablet. From a report: The patent filing is for a "hinged device" with a "first and second portion" that includes a "flexible display." It would sport a hinge in the middle, similar in appearance to the one on the Surface Book, as well as familiar smartphone components like a bezel and camera. The inventor listed on the document is Kabir Siddiqui, who has been named on previous patent documents related to a foldable Surface device. He's also credited with inventing features like the Surface kickstand and camera. The patents represent one of the clearest signs yet that Microsoft has shown interest in building a "new and disruptive" category that includes elements of a smartphone, tablet and computer all in one. Rumblings of a new Surface phone-like device, under the codename Andromeda, have persisted for years, though the company has yet to confirm such a plan.
Medicine

Amazon Patents New Alexa Feature That Knows When You're ill and Offers To Sell You Medicine (telegraph.co.uk) 59

Amazon has patented a new version of its virtual assistant Alexa which can automatically detect when you're ill and offer to sell you medicine. From a report: The proposed feature would analyse speech and identify other signs of illness or emotion. One example given in the patent is a woman coughing and sniffling while she speaks to her Amazon Echo device. Alexa first suggests some chicken soup to cure her cold, and then offers to order cough drops on Amazon. If Amazon were to introduce this technology, it could compete with a service planned by the NHS. Health Secretary Matt Hancock said earlier this year that the NHS was working on making information from its NHS Choices online service available through Alexa. Amazon's system, however, doesn't need to ask people whether they're ill -- it would just know automatically by analyzing their speech. Adverts for sore throat products could be automatically played to people who sound like they have a sore throat, Amazon's patent suggests.
Microsoft

Microsoft Joins Open Invention Network (OIN), Will Grant a Royalty-Free and Unrestricted License To Its Entire Patent Portfolio To All Other OIN Members (globenewswire.com) 103

Microsoft said Wednesday it had joined the Open Invention Network (OIN), an open-source patent consortium. As part of it, the company has essentially agreed to grant a royalty-free and unrestricted license to its entire patent portfolio to all other OIN members. From the press release: By joining OIN, Microsoft is demonstrating its commitment to open source software (OSS) and innovation through collaborative development. With more than 2,650 members [Editor's note: the members include Google, IBM, Red Hat, and SUSE], including numerous Fortune 500 enterprises, OIN is the largest patent non-aggression community in history and represents a core set of community values related to open source licensing, which has become the norm. "Open source development continues to expand into new products and markets to create unrivaled levels of innovation. Through its participation in OIN, Microsoft is explicitly acknowledging the importance of open source software to its future growth," said Keith Bergelt, CEO of Open Invention Network. "Microsoft's participation in OIN adds to our strong community, which through its breadth and depth has reduced patent risk in core technologies, and unequivocally signals for all companies who are using OSS but have yet to join OIN that the litmus test for authentic behavior in the OSS community includes OIN participation."

Erich Andersen, Corporate Vice President and Chief IP Counsel at Microsoft, said, "Microsoft sees open source as a key innovation engine, and for the past several years we have increased our involvement in, and contributions to, the open source community. We believe the protection OIN offers the open source community helps increase global contributions to and adoption of open source technologies. We are honored to stand with OIN as an active participant in its program to protect against patent aggression in core Linux and other important OSS technologies."
Further reading: Why Microsoft may be relinquishing billions in Android patent royalties.
Patents

Walmart Patents Cart That Reads Your Pulse, Temperature (vice.com) 116

Walmart recently applied to patent biometric shopping handles that would track a shopper's heart rate, palm temperature, grip force, and walking speed. "The patent, titled 'System And Method For A Biometric Feedback Cart Handle' and published August 23, outlines a system where sensors in the cart send data to a server," reports Motherboard. "That server then notifies a store employee to check on individual customers." From the report: Over time, the server can build a database of data compared against store location and stress response, the patent says -- potentially valuable information for store planning. Other uses outlined in the patent include a pulse oximeter, for detecting when a customer's about to pass out, and a weight-triggered assisted push feature for propelling the cart itself. CBInsights suggests that these alerts could warn associates when several shoppers need help at the same time, or anticipate when arguments are about to break out.
Patents

Vigilante Engineer Stops Waymo From Patenting Key Lidar Technology (arstechnica.com) 65

An anonymous reader quotes a report from Ars Technica: A lone engineer has succeeded in doing what Uber's top lawyers and expert witnesses could not -- overturning most of a foundational patent covering arch-rival Waymo's lidar laser ranging devices. Following a surprise left-field complaint by Eric Swildens, the US Patent and Trademark Office (USPTO) has rejected all but three of 56 claims in Waymo's 936 patent, named for the last three digits of its serial number. The USPTO found that some claims replicated technology described in an earlier patent from lidar vendor Velodyne, while another claim was simply "impossible" and "magic." The 936 patent played a key role in last year's epic intellectual property lawsuit with Uber. In December 2016, a Waymo engineer was inadvertently copied on an email from one of its suppliers to Uber, showing a lidar circuit design that looked almost identical to one shown in the 936 patent.

The patent describes how a laser diode can be configured to emit pulses of laser light using a circuit that includes an inductor and a gallium nitride transistor. That chance discovery helped spark a lawsuit in which Waymo accused Uber of patent infringement and of using lidar secrets supposedly stolen by engineer Anthony Levandowski. In August 2017, Uber agreed to redesign its Fuji lidar not to infringe the 936 patent. Then, in February 2018, Waymo settled the remaining trade secret theft allegations in exchange for Uber equity worth around $245 million and a commitment from Uber not to copy its technology. "This includes an agreement to ensure that any Waymo confidential information is not being incorporated in Uber hardware and software," said a Waymo spokesperson at the time. That redesign now seems to have been unnecessary, says Swildens, the engineer who asked the USPTO to take a closer look at 936. "Waymo's claim that Uber infringed the 936 patent was spurious, as all the claims in the patent that existed at the time of the lawsuit have been found to be invalid," he said. Uber told Ars that despite the ruling, it would not be redesigning its lidars yet again.
Swildensj, an employee at a small cloud computing startup, reportedly "spent $6,000 of his own money to launch a formal challenge to 936," reports Ars. "In March, an examiner noted that a re-drawn diagram of Waymo's lidar firing circuit showed current passing along a wire between the circuit and the ground in two directions -- something generally deemed impossible. 'Patent owner's expert testimony is not convincing to show that the path even goes to ground in view of the magic ground wire, which shows current moving in two directions along a single wire,' noted the examiners dryly."

"As I investigated the 936 patent, it became clear it was invalid due to prior art for multiple reasons," Swildens told Ars. "I only filed the reexamination because I was absolutely sure the patent was invalid."
Media

VideoLAN Announces Dav1d, a New Libre and Open Source AV1 Decoder (jbkempf.com) 88

Jean-Baptiste Kempf, president of VideoLan and developer of VLC media player, made the following announced Monday: AV1 is a new video codec by the Alliance for Open Media, composed of most of the important Web companies (Google, Facebook, Netflix, Amazon, Microsoft,...). AV1 has the potential to be up to 20% better than the HEVC codec, but the patents license is totally free, while HEVC patents licenses are insanely high and very confusing.

The reference decoder for AV1 is great, but it's a research codebase, so it has a lot to improve. Therefore, the VideoLAN, VLC and FFmpeg communities have started to work on a new decoder, sponsored by the Alliance of Open Media. The goal of this new decoder is: be small, be as fast as possible, be very cross-platform, correctly threaded, libre and (actually) Open Source. Without further due, the code: https://code.videolan.org/videolan/dav1d
Recommended: A talk during VDD 2018 conference about dav1d.
Apple

Apple Went Rotten After Steve Jobs' Death, Former Engineer Claims (siliconvalley.com) 182

An anonymous reader quotes the Bay Area Newsgroup: Apple turned against customers and its own employees after the death of co-founder and CEO Steve Jobs, a fired Apple engineer claims in a lawsuit. "No corporate responsibility exists at Apple since Mr. Jobs' death," Darren Eastman alleged in a lawsuit over his termination and patents related to his work at the Cupertino tech giant... Eastman, who is representing himself in court, started working as an engineer for Apple in 2006, largely because Jobs was interested in his idea for a low-cost Mac for education, and wanted him hired straight out of graduate school, Eastman said in the filing. Eastman claims to have invented the "Find my iPhone" function. When Jobs headed Apple, he told Eastman to notify him of any unresolved problems with the company's products, and employees in general were expected to raise such concerns, Eastman said in a lawsuit filed Thursday in Santa Clara County Superior Court.

That changed after Jobs died in 2011, he claimed. "Many talented employees who've given part of their life for Apple were now regularly being disciplined and terminated for reporting issues they were expected to (report) during Mr. Jobs tenure," Eastman alleged in the filing. "Cronyism and a dedicated effort to ignore quality issues in current and future products became the most important projects to perpetuate the goal of ignoring the law and minimizing tax. Complying with the law and paying what's honestly required is taboo at Apple, with judicial orders and paying tax (of any kind) representing the principal frustration of Apple's executives... Notifying Mr. Cook about issues (previously welcomed by Mr. Jobs) produces either no response, or, a threatening one later by your direct manager," Eastman claimed.... "There's no accountability, with attempts at doing the right thing met with swift retaliation."

Eastman even claims one Apple employee was fired for reporting toxic mold in the building, and alleges that employees were intentionally fired just before their stock options were vesting. In fact, his entire lawsuit is over just $165,000 worth of Apple common stock, plus $326,400 in damages, $32,640 in interest -- and resolution of an alleged patent-ownership issue.

Apple "declined to comment on the claims made in the lawsuit."
Medicine

OxyContin Billionaire Patents Drug To Treat Opioid Addiction (cbsnews.com) 204

Richard Sackler, the billionaire businessman behind Purdue Pharma, has patented a new drug to help treat opioid addiction (Warning: source may be paywalled; alternative source). The news of the patented form of buprenorphine, a mild opioid that is used to ease withdrawal symptoms, comes as Colorado's attorney general is suing the OxyContin creator for profiting from opioid addictions. Some now believe that Sackler and his family, who owns Purdue Pharma, will be trying to profit from the antidote. The Washington Post reports: The lawsuit claims Purdue Pharma L.P. and Purdue Pharma Inc. deluded doctors and patients in Colorado about the potential for addiction with prescription opioids and continued to push the drugs. And it comes amid news that the company's former chairman and president, Richard Sackler, has patented a new drug to help wean addicts from opioids. "Purdue's habit-forming medications coupled with their reckless marketing have robbed children of their parents, families of their sons and daughters, and destroyed the lives of our friends, neighbors, and co-workers," Colorado Attorney General Cynthia Coffman said Thursday in a statement. "While no amount of money can bring back loved ones, it can compensate for the enormous costs brought about by Purdue's intentional misconduct."

The lawsuit states that Purdue Pharma "downplayed the risk of addiction associated with opioids," "exaggerated the benefits" and "advised health care professionals that they were violating their Hippocratic Oath and failing their patients unless they treated pain symptoms with opioids," according to the statement from the Colorado attorney general's office. But Purdue Pharma "vigorously" denied the accusations Friday in a statement to The Washington Post, saying that although it shares "the state's concern about the opioid crisis," it did not mislead health-care providers about prescription opioids. "The state claims Purdue acted improperly by communicating with prescribers about scientific and medical information that FDA has expressly considered and continues to approve," a spokesman for Purdue Pharma said in the statement. "We believe it is inappropriate for the state to substitute its judgment for the judgment of the regulatory, scientific and medical experts at FDA."
The report makes note of the patent's description, which acknowledges the risk of addiction associated with opioids and states that the drug could be used both in drug replacement therapy and pain management.
Blackberry

Facebook Accuses BlackBerry of Stealing Its Voice-Messaging Tech (bloomberg.com) 28

Facebook is suing BlackBerry, claiming the company stole its voice-messaging technology and other patented processes. The social media company is seeking unspecified damages for infringement of six patents. Bloomberg reports: In addition to the voice-messaging patent, Facebook cites infringement of patented technology that improves how a mobile device delivers graphics, video and audio and another that centralizes tracking and analysis of GPS data. In March, BlackBerry sued Facebook in federal court in Los Angeles, accusing the social media giant of infringing on its mobile messaging patents. BlackBerry claimed Facebook made unauthorized use of its technology in its own instant messenger service, Facebook Messenger, and in WhatsApp Messenger and Instagram.
Patents

80-Year-Old Inventor Gil Hyatt Says Patent Office is Waiting For Him To Die (venturebeat.com) 108

Dean Takahashi, reporting for VentureBeat: Gil Hyatt has gotten many rewards from his days as an inventor. In 1990, he received a fundamental but controversial patent on what he called the first microprocessor, or computer on a chip. It was 22 years late, but he nosed out rivals such as Intel in being the first to file for a patent application in 1968. He then licensed that patent and 22 of his 69 other patents to Philips Electronics, which then began enforcing them on the rest of the electronics industry and collecting royalties.

Philips' efforts netted Hyatt more than $150 million, though the state of California would try for 24 years to take a big chunk of that money for taxes. It argued that Hyatt pretended to move to Las Vegas in 1991, but in 2017, he finally prevailed in convincing the tax board that he really did move. But at 80 years old, Hyatt still isn't resting on the rewards he got. In fact, he's still in a bitter battle with the U.S. Patent and Trademark Office. He claims the office is sitting on his remaining applications, and is waiting for him to die. Hyatt sued to get the patent office to issue his remaining patent applications. The patent office declined to comment, citing the litigation.
Further reading: Gil Hyatt interview: Why patent examiners gave controversial patents a scarlet letter.
Patents

Tesla Files Patent For Automatic Turn Signals (cnet.com) 161

Tesla has filed a patent for automatic turn signals. The filing details a system that uses Autopilot sensors to determine when drivers are going to make a turn and signal automatically. CNET reports: Tesla wants its vehicles to signal automatically without the driver needing to go through the agony that is lifting their finger and moving it up or down by several inches. The way that Tesla envisions it working is that the car detects the driver's intent to change lanes or make a turn by using the Autopilot hardware at its disposal, it then works to sense if there are other vehicles nearby and if it detects them, it puts the signal on for the driver. If it works, it will be brilliant but given the fact that Tesla has remained adamant that it doesn't need driver monitoring systems for Autopilot, it seems questionable that the vehicle would be able to detect a driver's intent to turn based solely on external observation.
The Courts

EFF Defends Bruce Perens In Appeal of Open Source Security/Spengler Ruling (perens.com) 132

Bruce Perens co-founded the Open Source Initiative with Eric Raymond -- and he's also Slashdot reader #3872. "The Electronic Frontier Foundation has filed an answering brief in defense of Bruce Perens in the merits appeal of the Open Source Security Inc./Bradley Spengler v. Bruce Perens lawsuit," reads his latest submission -- with more details at Perens.com: Last year, Open Source Security and its CEO, Bradley Spengler, brought suit against me for defamation and related torts regarding this blog post and this Slashdot discussion. After the lower court ruled against them, I asked for my defense costs and was awarded about $260K for them by the court.

The plaintiffs brought two appeals, one on the merits of the lower court's ruling and one on the fees charged to them for my defense... The Electronic Frontier Foundation took on the merits appeal, pro-bono (for free, for the public good), with the pro-bono assistance of my attorneys at O'Melveny who handled the lower court case...

You can follow the court proceedings here

"Sorry I can't comment further on the case," Perens writes in a comment on Slashdot, adding "it's well-known legal hygiene that you don't do that." But he's willing to talk about other things.

"Valerie and I are doing well. I am doing a lot of travel for the Open Source Initiative as their Standards Chair, speaking with different standards groups and governments about standards in patents and making them compatible with Open Source."
Security

Researcher Finds A Hidden 'God Mode' on Some Old x86 CPUs (tomshardware.com) 114

"Some x86 CPUs have hidden backdoors that let you seize root by sending a command to an undocumented RISC core that manages the main CPU," Tom's Hardware reports, citing a presentation by security researcher Christopher Domas at the Black Hat Briefings conference in Las Vegas. The command -- ".byte 0x0f, 0x3f" in Linux -- "isn't supposed to exist, doesn't have a name, and gives you root right away," Domas said, adding that he calls it "God Mode." The backdoor completely breaks the protection-ring model of operating-system security, in which the OS kernel runs in ring 0, device drivers run in rings 1 and 2, and user applications and interfaces ("userland") run in ring 3, furthest from the kernel and with the least privileges. To put it simply, Domas' God Mode takes you from the outermost to the innermost ring in four bytes. "We have direct ring 3 to ring 0 hardware privilege escalation," Domas said. "This has never been done.... It's a secret, co-located core buried alongside the x86 chip. It has unrestricted access to the x86."

The good news is that, as far as Domas knows, this backdoor exists only on VIA C3 Nehemiah chips made in 2003 and used in embedded systems and thin clients. The bad news is that it's entirely possible that such hidden backdoors exist on many other chipsets. "These black boxes that we're trusting are things that we have no way to look into," he said. "These backdoors probably exist elsewhere." Domas discovered the backdoor, which exists on VIA C3 Nehemiah chips made in 2003, by combing through filed patents.

"Some of the VIA C3 x86 processors have God Mode enabled by default," Domas adds. "You can reach it from userland. Antivirus software, ASLR and all the other security mitigations are useless."
Patents

The Touch Bar Could Replace the Keyboard on Future Macbooks (cnet.com) 211

Apple's new patent applications hint at more touch-sensitive surfaces and virtual keyboards. From a report: In the wake of user complaints and multiple lawsuits concerning problems with the "butterfly switch" keyboard Apple has used in its laptops since 2016, the company may be developing new user interfaces that depend less on moving mechanical parts. The company has filed three new keyboard-related patents, Mashable reported on Monday. One of the patent applications describes a laptop with a digital panel where a keyboard traditionally sits. This could be interpreted as a plan to replace the conventional keyboard with technology similar to the Touch Bar -- the row of virtual, customizable buttons that Apple debuted on the Macbook Pro in 2016. The patent also includes information about sensors and haptics embedded beneath the envisioned digital panel, which would allow it to detect and respond to user inputs such as keystrokes, taps and clicks.

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