Synaptics patent claims stop work on DisplayLink drivers
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Obviously this is intended as a scare tactic, but, surely that could never hold up in court? Surely the burden of proof is on the owner of the patents to prove that someone's work is infringing, and you can't then say "We are charging the defendant to prove that we have a valid case against them." ?
It works both ways of course, if you lose a suit then you have to repay the defendant for their lawyers.
I want to do it in Brainfuck or Prolog or something silly.
> "single-handedly eviscerating DisplayLink's competitive advantage in this crowded market by educating our competitors and other third parties as to how we implement our proprietary technology"
Isn't that the purpose of a patent?
This is a clown show.
There is no universe in which this is a reasonable response.
DisplayLink on the driver side just compresses frames to send them over USB.
It would be interesting to analyse if Synaptics haven't stolen code from open source ffmpeg or VLC to do the compression.
See Dan Gelbart's recent video on that very subject: https://youtu.be/v5d8nwgiSYI?si=iM9AFZiRTjxu4OuZ
“You are stealing our ideas! But we won’t tell you which ones unless you pay us”
In any other domain this would be called a protection racket.
This case is definitely disingenuous. It's not yet a case. But even an open source project without money needs to be careful. Put dev on hold, hope a benefactor comes along, play it safe for a few days, weeks, months ...
Likewise, a police officer cannot arrest you without telling you what law you broke.
Technically, Synaptics cannot sue without telling you what patents you violated either. But where patent laws get abused is businesses extorting others over threats of high legal costs.
When I said all law, I meant there's nothing about tech patent law that makes it uniquely predisposed to this kind of extortionist behavior. All areas of economic activity have this exact same problem. Employment, debt collection, warranties, housing rentals, and many other things regularly involve pages upon pages of pointed threats written in legalese that don't have any actual laws behind them, but to people without legal experience are indistinguishsble from actual valid claims. There are entire businesses built around the fact most people can't ditinguish it. It's so deeply integrated in our lives that it's basically expected to happen every time a written contract is involved.
If Synaptics did want to exercise their legal right under civil law then they’d would have to disclose what properties have been infringed upon.
What I’m saying is that not all UK law works on the basis of accusations without evidence, like the GP argued.
Take this specific example, UK civil law does say the initial communication doesn’t have to include the patent numbers. However it does go on to say that if threats are then made then that information should be disclosed
https://www.gov.uk/guidance/the-patent-act-1977/section-70b-...
If Synaptic require multiple weeks of work at $25,000 a week, to establish what patents are infringed, while also threatening to charge the developer for that time as well as further legal action, then it’s safe to assume that Synaptic didnt have enough confidence from the outset that their original claim was reasonably true.
In short, they are opening themselves up to litigation in return. But since their legal budget is vastly greater than this solo dev’s legal budget would be, they can skirt the fridges of what would be reasonable permitted communications.
BI doubt many UK judges would take favourable view with how Synaptics have handled their correspondence; if this ever were to reach the courts.
A comment that the GPs you’re defending was objecting to
In some jurisdictions, the "threat" describes the maximum possible payout that could be awarded so obviously you deploy a massive sum. I believe that is a US thing.
Law has rules and most of them are written down within most jurisdictions or can be inferred via case law, constitutions, or the distribution of tea leaves (as appropriate).
That's why it called the rule of law - the thing is you need to determine the rules in play. For example you said: "a police officer cannot arrest you without telling you what law you broke."
That is mostly true in the UK, unless you fall afoul of the Regulation of Investigatory Powers Act (RIPA) which involves some pretty wide ranging powers and effects.
It is unlikely to be even vaguely true in Russia or China or any other jurisdiction that doesn't really bother with nonsensical notions such as: demos kratos.
I shouldn't bother using words like "technically".
in UK law, IP infringement falls under the category of civil law. While these can be settled out of court, you absolutely couldn’t take someone to court without disclosing what property has been infringed upon.
Also encountered many cases where a company simply didn't consider actually vetting what they put on contract against local law
Good riddance if this is how OSS is treated by synaptics.
Most recent thunderbolt docks and usb4 docks have good display support, and fallback to DisplayPort alt mode if the host does not support tbt4. Which is much better supported over type-c. Intel and AMD upstream host support.
I didn't find a way to attach two "monitors" to my X screen in this way, but I guess it's doable.
Do you have an actual source for this or are you just making it up?
the tradeoff is that it becomes free eventually, unlike trade secrets
2. I'm not saying their arguments are valid. It's a demand letter with multiple claims. There's many reasons it might be an invalid argument but listing more than one grievance and/or not explaining them in detail are not some of those reasons.
if I patent a microwave and specify exactly how it works, that part can't be trade secret
BUT if my trade secret is on using ruby diamond for deluxe premium microwave lazor THAT isn't specified on the patent, well that be a trade secret
but trade secret CAN ONLY BE PUNISHED IF someone insider leaks the info -- not much can be done if some junk collector finds out about the ruby stuff
coca-cola's coca is the coca as in cocaine (literally)
so I heard DEA has some really strict controls on that coca producing facility (so it doesn't produce cocaine)
Coca-Cola buys spent coca remains, after they've had the party powder components extracted from them. This product is not particularly restricted.
But lawyers are prone to using scary phrasing, even if that phrasing has no bite, and are free to write strongly-worded letters.
"I see that you've been publishing the privately-held, trade secret tomato processing technique I developed -- on the Internet! Now, tomato processors everywhere can see it! I'm really pissed! I demand that you stop doing this immediately! In fact, if you want a full enumeration of whar I really think about the terrible things you're doing, then I further demand that you pay me $25,000 for that effort!"
...it's got no bite, but it's a letter. It can be drafted and sent.
(It can also be ignored upon receipt.)
Trade secrets don't hold up because they're running off of public information either in the distributed binary drivers' behavior, or the behavior of the aforementioned hardware.
Copyright claims similarly don't hold because of the software interoperability exemptions.
All of that being said, I know I don't have the money laying around to fight those in court, and would be drained well before any of those points are adjudicated.
Code is speech, but the 1st amendment has recognized exceptions for IP.
E.g. it's a fair game to write and release a book: "How to Replicate DisplayLink" that would walk the reader through the steps in implementing it.
https://gesmer.com/patent-copyright-trademark/statuatory-cha...
> it's a fair game to write and release a book: "How to Replicate DisplayLink"
And of course, patents don't protect the information that is in them -- they intentionally disclose it -- what they protect is exclusivity of use.
They are implementations.
> That's the entire software patent loophole; they take pure math and say "a system where a computer does the described math."
The "do [x] on a computer" loophole was overturned in the US. https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_Intern...
But what does any of this have to do with the above discussion?
Perhaps you disagree with this, but this is the current state.
You yourself linked to a case limiting even the ability to claim that running a computer program on a computer can be patented. The program itself was never patentable.
If you write software that implements an invention that is patented, you have violated the patent.
It's like saying a circuit diagram could infringe on a patent. No, only a circuit can. Software is the diagram. A thing running software can infringe, but software isn't the right type of thing to be able to infringe. You can print books full of detailed diagrams and instructions all day long. The patent is already supposed to describe the thing! It's not secret! A description of every last detail is not protected!
This is also why you can prove things about software. You cannot prove things about inventions; only models of the inventions. You can actually prove statements about software itself because it is already part of formal mathematics.
If you make, use, produce, supply, induce someone to use anything that does a thing that is listed in a claim of a patent -- you have violated the patent.
The argument that "software is just abstract math and so there's no way it can infringe" is bologna... like sovcit-level bologna. Any actual articulable piece of written software is not some abstract mathematical concept, it is the configuration for a machine. Courts simply do not treat software in the way you are asserting, they treat it like a component in a system. And whether or not you built the full system or you are contributing to or inducing someone else's system, doesn't matter much, it is merely the difference between direct and indirect infringement.
If what you are asserting was true, it would be great for the software industry -- we wouldn't have to worry about patents anymore!
> Abstract software code is an idea without physical embodiment, and as such, it does not match §271(f)’s categorization: “components” amenable to “combination.” Windows abstracted from a tangible copy no doubt is information—a detailed set of instructions—and thus might be compared to a blueprint (or anything else containing design information). A blueprint may contain precise instructions for the construction and combination of the components of a patented device, but it is not itself a combinable component.
Courts do actually understand that software is an abstract mathematical idea. And this is the only sane way to treat software. Otherwise you'd have e.g. Lean proofs as patentable subject matter. There is no line you can draw where you say "this is software, and that is a proof." Formal reasoning (e.g. through types) is all over real world, useful software.
For what it's worth I've never actually encountered anyone who's even mentioned patents at work in the last decade. It's not a day-to-day concern that I've seen.
Courts did find MS liable for infringing on AT&T's patent for Windows installed on computers in the US. And this wasn't discussed at all in that court case; it was never challenged up to SCOTUS because it was plainly a violation.
Hence they could ship the intangible software itself abroad and install it without infringing on US patent law. Merely creating the software did not infringe.
https://en.wikipedia.org/wiki/Design_around
> Design-arounds are considered to be one of the benefits of patent law. By providing monopoly rights to inventors in exchange for disclosing how to make and use their inventions, others are given both the information and incentive to invent competitive alternatives that design around the original patent. In the field of vaccines, for example, design-arounds are considered fairly easy. It is often possible to use the original patent as a guide for developing an alternative that does not infringe the original patent.
The letter continued to claim that Lothian would be "single-handedly eviscerating DisplayLink's competitive advantage in this crowded market by educating our competitors and other third parties as to how we implement our proprietary technology"
However, there is no universe where they can hold a valid patent that would encumber a driver for a regular USB display device. What they then might try to do is invoke DMCA, due to the device having DRM responsibilities (HDCP).
If they get trusted HDCP treatment from media players on some platforms, they might fight tooth and nail to not be broken open in public as that might end up with them losing trust from content providers...
Or maybe they're just assholes with no real rhyme or reason, who knows.
Yeah, I suspect the whole patent claim is just a ruse to try and prevent people from looking into their likely insecure HDCP implementation.
That said, very few people connect multiple external monitors to a laptop
The problem it solves is that if you have 3 screens (you can often get 3 gpu ouptus) then you are already OCD enough so you will need 4th screen to even them out.
For a while I'd keep an eye on updates to see if they'd been fixed but they never were before we moved office.
I'm going to be quite sure we don't get any more in any future offices (we don't have them at our current office)
My only "wow this thing just works everywhere" was actually the Plugable brand docs. Obviously can't do things like 3D gaming, but for regular desktop kind of applications dang have these things been largely bulletproof. Especially the older USB 3.0 ones.
I still remember running five displays (including the built-in) off a single cheap HP Split X2 back in the day thanks to a Plugable dock.
https://www.onsemi.com/company/newsroom/news-and-insights/on...
Why actually, given that even smartphones can drive Displayport alt mode over USB-C, and tablets can speak full Thunderbolt/USB 4? Is it cheaper to implement in dock and/or laptop hardware?
* I use a random (USB3) HP one
** There may be some lag/tearing, so maybe not so good for movies
I had an old Plugable USB 2.0 adapter laying around. I attached it to my 2025 vintage Moto phone, installed the "DisplayLink Presenter" APK and, I'll be damned-- I'm displaying my phone on a monitor.
Using a USB OTG hub, this adapter, a keyboard, and a mouse could actually make a reasonable desktop machine for RDP'ing and SSH'ing to other machines.
I haven't tried playing video but I suspect it would suuuuuuck over this USB 2.0 adapter. For text-based stuff, though, it seems completely reasonable.
Can someone explain this to me? Isn't this the whole premise of reverse engineering?
Patents can be avoided if you can prove that a patent is "obvious to a practitioner in the field" but that's a highish bar to prove in court and requires expensive lawyers
Nevertheless Synaptics are behaving as arse here and as a purely practical matter should be welcoming people who will bring them more customers for free
The whole reverse engineering clean room thing, is to show no copyright infringement and / or trade secret (primarily trade secret). How could they intentionally copy the code, if they cannot see the code.
Patents are far stronger in that sense, but they do have an expiration date. People independently come up with techniques and infringe patents all the time. Look up the patent litigation history of CRISPR which are still going strong it …
https://www.reuters.com/legal/litigation/nobel-prize-winners...
There’s a million examples.
For context, here’s my company IP Copilot - https://ipcopilot.ai/
Does UK patent law somehow work differently?
[0]: https://www.businessinsider.com/microsoft-earns-2-billion-pe...
Little did they know how much bigger that pyre would get lmao
(I say boring, but this is definitely a good thing. See the Samba talks about GPLv3 from 2017 and 2011 for why)
If you use any of their older products, it may be time to migrate away to more modern solutions, ideally ones made by companies that don't send legal threats to open source developers.
Unbelievable mafia tactics from those clowns.
Synaptics claims the driver work undermines their competitive advantage of proprietary connectivity methods, which means undisclosed, while patents trade disclosure for a monopoly
If someone happens to figure out how the undisclosed proprietary side works without exfiltrating trade secrets then there is no legal remedy, tough luck. Compete with customer support if you can
Pick a lane, Synaptics failed to pick a lane here suggesting there is some legal interoperability work outside of its patent claims, that abridges its non-patented trade secret claims, and I think that undermines their patent protection claim
https://static.lwn.net/images/pdf/Cease_and_Desist_Notice_Mi...
Fuck you, Synaptics.
https://www.eff.org/deeplinks/2019/06/felony-contempt-busine...
Which is made funnier by the lawyer's name being Bateman. Sorry, could not resist that one.
What I find more ridiculous is the timing:
> You are to provide Synaptics, no later than 11:59 p.m. Pacific Time on October 11, 2026
The letter is dated "October 5, 2026". WTF are these lawyers smoking that they think 5 days is any reasonable time frame.
They just try to keep the pressure up so that the other entity gives up before they have time to estimate whether any of the claims are valid. One person against big corporation, which is threatening with big penalties. A common tactic.
Isn’t the whole point of a patent to make the “how” patently obvious so others may learn from it?
If one guy can reverse-engineer everything with an LLM and some free time, I'm pretty sure their competitors can as well, and they won't be doing it out in the open like this guy was...
What fascinates me is the evidentiary question. How can courts satisfy themselves that (to adopt the EPO problem-solution approach) faced with a given problem, the mere prompting of an LLM was sufficient to arrive at a solution. Will we have consultants with zoos of LLMs providing evidence of their capability at a patent's priority date? Will patent offices need to provide examiners with access to the wayback machine for AI models? How can you, as the applicant, possibly argue with that? What degree of fiddling with the prompt to elicit a solution is fair?
You definitely don't need to cite the legal justification for every demand you make in a demand letter.
You don't even need to have a valid justification to make a demand in a demand letter... it is common and normal to make arbitrary demands... they are negotiations.
https://www.wipo.int/en/web/trade-secrets#systems
Now yes, they're fair game for reverse engineering, but that doesn't mean someone can't be mad about it and tell you not to do it.
also whoever this synaptics dude is sounds like a royal “a*hat”. It sounds like he reported them to legal and they decided to go crazy for no reason.
This is a codec only if you stand on your hands.
It’s rather sad they’re resorting to this, especially for someone doing something they themselves should’ve done.
In all honesty…. Good riddance.
Bad technology that doesn't deserve to exist, it seems. This is the kind of tech where it's better to finish off the RE work and release it anonymously to harm them. Adversarial interoperability, as Cory Doctorow would put it
Some questions that come to mind are:
Do you actually own the hardware?
Do you stop owning the hardware, meaning you're not allowed or able to use it once the company that's sold it to you stops providing or updating hardware?
Does every piece of hardware come with a guarantee that it will work on every piece of hardware that it's attached to forever?
These are just a few of the really troubling questions when people forget that software has to run on hardware. And the closer the software is to the core operation of a piece of hardware and equipment, the more topics like right to repair or right to maintain or right to optimize come up.
I never thought that a video card replacement driver would make me think of companies that are limiting Farmers from repairing and updating their own tractors.
The closest you can get is something like the Raptor Talos II, although parts of the hardware are still under patent.
EDIT: Fixed now.
In any case, I am not a subscriber and I see it.
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OCuLink doesn't even use drivers. It's literally just a PCIE passthrough. All usual tools apply, whereas DisplayLink encrypts all data, so a big fuckyou for getting logs.
Quit giving trash companies pounds of money for abuse at scale.
https://lkml.rescloud.iu.edu/hypermail/linux/kernel/2610.1/1...
According to patent prosecution records, the independent claims for GB2484736 originally lacked any network transport limitations and were deemed entirely unpatentable against the prior art listed above.
To get the patent granted, DisplayLink’s attorneys amended the claims to specifically add delivery of the display data over a "general-purpose data network." The validity challenge relies on proving that adding a general-purpose transport layer (like USB or Ethernet) to existing image-compression methodologies was an obvious step and completely unoriginal in 2010, given the widespread existence of USB monitors and network-attached graphics at the time.
As far as I can tell, these patents only go up to claim 10 in the first place:
U not cleared to see it
So only the combination may be new. But this reminds me of a USPTO thing from my past.
The landmark ruling you are referring to is the U.S. Supreme Court case KSR International Co. v. Teleflex Inc. (2007), which led directly to the USPTO publishing its highly influential 2010 Examination Guidelines for Determining Obviousness. Under this framework, if element A is known and element B is known, combining them is not patentable if the combination yields nothing more than predictable results.
https://www.uspto.gov/web/offices/pac/mpep/s2143.html
So, general-purpose data network, such as USB or Ethernet was known (A), claims Haar-transform decoding was known (B) [DE69909880T2 / EP0955609]. Even if we don't find this combination in prior art, it is dubious that this is patent worthy based on USPTO guidelines (combine A with B).
But I see a lot of stuff that suggests prior art:
1. Noriaki Yamazaki and Tetsuo Tanaka (2007). “ZYWRLE: Enhanced VNC Codec for Motion Picture.” IEICE Transactions, J90-D(7), pp. 1790–1798. Brief summary: Adds wavelet compression to VNC’s ZRLE codec for transmitting moving images, reducing network traffic to 20–50% of standard ZRLE. https://search.ieice.org/bin/summary.php?abst=j&category=D&i...
2. Joshua G. Senecal, Peter Lindstrom, Mark A. Duchaineau and Kenneth I. Joy (2004). “An Improved N-Bit to N-Bit Reversible Haar-Like Transform.” Proceedings of Pacific Graphics 2004, pp. 371–380. DOI: 10.1109/PCCGA.2004.1348368. Brief summary: Introduces PLHaar, a reversible Haar-like transform supporting lossy and lossless image compression without increasing coefficient bit width, suitable for bandwidth-limited video and graphics hardware. https://www.osti.gov/servlets/purl/15014239
3. Joshua G. Senecal, Mark A. Duchaineau and Kenneth I. Joy (2004). “Reversible n-Bit to n-Bit Integer Haar-Like Transforms.” Proceedings of the Data Compression Conference 2004, p. 564. Brief summary: Introduces lookup-table Haar-like transforms that preserve bit width and reversibility, with applications to fast image compression and streaming hardware such as DVI channels. https://www.osti.gov/servlets/purl/15013668
Good luck synaptic!
Also possibly related:
Method and apparatus for increasing memory resource utilization in an information stream decoder, https://patents.google.com/patent/WO1999057908A1/en
And a paper by a PHD student in 2005, Real-time Rendering with Wavelet-Compressed Multi-Dimensional Datasets on the GPU, https://cs.ucsb.edu/sites/default/files/documents/2005-05.pd...
Displaylink's own abandoned patent application talking about sending patches of compressed/uncompressed graphical data to the screen over USB: https://patents.google.com/patent/US20060119602A1/en
Using reference frames with Haar wavelet transforms in video compression, https://patents.google.com/patent/US6272180B1/en
It would take much human time to search for prior art across all of human knowledge for existing patents and new patents being proposed. But GPUs are tireless, and can continually grind towards success. They build their case for dismantling all existing active patents as long as they are kept fed.
If I were a frontier lab, I would be finding the most valuable patents, starting the research agents up, and then shorting companies that would see enterprise value decline if subject patents were invalidated (think Hindenburg or Culper Research activist investors). Just one way of monetizing the fancy search engine and token dispenser.
After how many dollars spent? I mean, it is good that eventually bad patents get killed, but it still costs too much to do it, one at a time. We need a more streamlined process, maybe? Maybe an academic-review-like process at filing? Send the claims anonymously to a few experts in the field, randomly selected. If they all say it is obvious, kill it immediately and fine the company for wasting the patent office's time?
I think we could get the 7 grand together here.
My only concern is, what if some well-meaning person puts in a poorly constructed claim, and then that creates a counterproductive precedent.
I think ideally, someone like Software Freedom Conservancy or the Linux Foundation or the FSF or whoever would take charge of doing it, taking advice from patent attorneys in the process.
Maybe there is some UK patent attorney reading this who is willing to take it on pro bono?
If this were possible, patent holders would surely already be gaming it.
Since we are talking about the UK not the US
“patent attorney” vs “patent agent” is a US distinction. In the UK, “patent attorney” is the standard term for what is called “patent agent” in the US - someone who can appear before the patent office, but cannot (in general) practice law. [0] Now, unlike US patent agents, UK patent attorneys can actually appear in court for patent litigation (they all get some limited rights to do so, and can gain additional rights by undertaking advanced training) - however, in practice, you’d use an IP solicitor/barrister for any high value patent litigation, it is mainly at the low end that UK patent attorneys handle litigation independently of a solicitor or barrister. A solicitor or barrister who specialises in patent law doesn’t have to be qualified as a patent attorney, and although it is technically possible to do so, few actually are.
[0] Technically, the UK classifies patent attorneys as legal professionals-in popular parlance, “lawyers”-but unlike solicitors and barristers, who are generalist legal professionals permitted (in principle) to practice in any legal area, a patent attorney is a specialist legal profession whose scope of legal practice is officially restricted to intellectual property (they are allowed to advise on non-patent IP law matters such as copyrights, and also related commercial law matters such as IP contracts, but not on legal matters which have no connection with IP)
The patent system itself has been a moat and we will see more and more reasonable submissions that will force a rethink.