Bonum Certa Men Certa

Red Hat Pushes for Patent Reform While Microsoft Patent Trolls Are Suing, Sometimes Losing

Ducklings



Summary: As expected, Microsoft offsprings (sometimes offshoots funded by Microsoft) go after Microsoft's competitors using software patents while Linux leader Red Hat asks SCOTUS for help

FREE software faces some obstacles due to patent trolls, who statistically thrive in software patents. Microsoft recently got a deal with Acacia and ACCESS [1, 2, 3, 4], just around the same time that Red Hat signed an NDA with Acacia, as last mentioned in here (Spanish version also available).



In order to harm Free software Microsoft needs only to elevate its cost, which harms redistribution rights. The NDA with Red Hat is quite likely to have been such a case and given Microsoft's connections with Acacia, this oughtn't be ignored.

"Red Hat Joins Brief Filed with U.S. Supreme Court Opposing Expansion of Standard for Inducing Patent Infringement" says this new page adjacent to a press release which was followed by some press coverage:

Tuesday, Red Hat, Inc. (RHT), the world's largest seller of linux software, said it has joined a writ filed with the U.S. Supreme Court seeking correction of the standard for abetting patent infringements.

[...]

Rob Tiller, Red Hat's assistant general counsel for IP, said the problems of bad software patents is aggravated by the Federal Court's decision.


More press coverage can be found in the press near Red Hat's headquarters/centre of operation (which is reportedly going to move, maybe even outside the United States where software patents are out of control). "Red Hat joins battle against patent case at Supreme Court" says this headline.

Red Hat (NYSE: RHT) and several other technology firms have weighed into a Supreme Court battle over a lower court ruling that they believe “threatens to expand patent litigation.”

The “friend of the court” brief argues that parties with direct knowledge of a “specific patent at issue and covers the alleged infringing activity” are liable.


It is possible that after the i4i case escalating to a decision in SCOTUS there will no longer be a great threat to Red Hat's business. There is also the Research Corp. v. Microsoft case which Patenly-O reports on:

There are three articulated exceptions to the scope of patentable subject matter under 35 U.S.C. €§ 101: laws of nature, physical phenomena, and abstract ideas. Research Corp. v. Microsoft places a high hurdle in front of challengers who seek to invalidate process patents on the third ground.


As we stressed last week, Microsoft is running out of viable products and it is increasingly becoming a patent troll in some areas of operation. Extensive use of patents is a symptom of dying companies and Nortel is the latest example of this. Previous examples were Sun and Novell. Even "Kodak becomes a patent troll" according to the FFII's president's interpretation of this article. We wrote about Kodak in the context of patents several times before [1, 2, 3, 4]. Companies turn to patents only when they lose. Watch Rambus getting called a "troll" for example:

PATENT TROLL Rambus has leveled a fresh complaint against its competitors.


For background also see [1, 2, 3, 4, 5, 6, 7, 8, 9].

It is important to remember that Microsoft need not sue its rivals for alleged patent violations directly. Microsoft is breeding major patent trolls, including Traul Allen with Interval, which allegedly got its lawsuit against the entire industry (except Microsoft) dismissed. [via]

Paul Allen's patent infringement complaint against the world and its dog has been dismissed.

The court agreed with Google et al that it "lacks adequate factual detail to satisfy the dictates of Twombly and Iqbal" and also "fails to provide sufficient factual detail as suggested by Form 18". The court doesn't agree with Allen's Interval Licensing that the two cases do not apply to patent complaints, but it doesn't even need to go there: "The Court does not find it necessary to determine whether Form 18 is no longer adequate under Twombly and Iqbal because Plaintiff's complaint fails to satisfy either the Supreme Court's interpretation of Rule 8 or Form 18."


Pamela Jones seems like the only person to have reached this conclusion, which Glyn Moody doubts due to insufficient evidence. Groklaw also said that SCO was over on many occasions since 2007, but when Jones said so she did not mean it in the technical sense. "Merry Troll Christmas, legal eagles," she exclaims regarding the Traul Allen case. We shall wait and see if the corporate news can confirm this.

In other news, Slashdot's summary says that Microsoft's "World's Largest Patent Troll Fires First Salvo":

"Yesterday the biggest software patent troll of all finally woke from its slumbers: Intellectual Ventures filed patent infringement complaints in the US District Court of Delaware against companies in the software security, DRAM and Flash memory, and field-programmable gate array industries. Intellectual Ventures was co-founded by Microsoft's former CTO Nathan Myhrvold, with others from Intel and a Seattle-based law firm."


We wrote about it some days ago and so did Jones, who added: "What a surprise. Microsoft competitors getting knee capped." It is now covered in very many sites, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. Well, 'companies' like that should not be allowed to exist in a sane system so "to Übertroll Intellectual Ventures," writes Glyn Moody, "I say: bring it on". He hopes they'll show how broken the system really is:

This harping on “invention” and “innovation” is rather misleading. As far as I can tell, it doesn't really invent anything for the purpose of commercialisation, manufacture or sale: it just comes up with ideas and applies for patents on them (or buys patents from others). Its business model is founded on amassing a huge collection of patents, and then getting companies to licence them - whether they want to or not - because their inventions are or may be “infringing” according to Intellectual Ventures.

It's clear from this that the real invention is done by other companies who devise things they want to sell; IV, by contrast, thrives by exacting a tax on innovation done elsewhere. It can do that because of the flawed US patent system, which does not allow independent invention as a defence against allegations of infringement. That is, even though you provably didn't “steal” another company's idea, but came up with it on your own, if someone else patented it - or something similar enough - first you still have to pay for the “right” to use your own invention.

Of course, this is absurd: the whole premise of the patent system is that it should encourage as many people as possible to innovate, but this aspect actually punishes it, because it makes independent research vulnerable to this kind of penalty. That means companies will be less inclined to invest in research if they think there's a chance they may get scooped in filing for the result - something that's hard to tell in advance. Moreover, with the growth of ever-vaster patent thickets, it is increasingly difficult to come up with any new product that does not touch on one or more existing patents, especially when they are framed as vaguely as possible precisely for that purpose.

What makes Intellectual Ventures different from all the other patent trolls that live off others' work is the scale of its operations. Nobody really knows the extent of its holdings, but the consensus is that we are talking about over 30,000 patents - an extraordinary number of government-granted intellectual monopolies.

[...]

I do so, because it could well be the coup de grace for the dysfunctional US patent edifice, already tottering. It would cause so many companies to turn against Intellectual Ventures, and rightly to blame the patent system that allows IV to exist, that real reform might at last be possible.


Facebook's founder was reportedly hanging out with Intellectual Ventures' founder whilst also buying extra patents from dead/dying companies and using software patents aggressively. Now that Facebook is being sued for patent infringement (again) it deserves no sympathy.

A little-known San Antonio software developer has filed a patent-infringement suit against social networking giant Facebook Inc.


Will Facebook turn to its buddy Nathan Myhrvold? Facebook is very close to Microsoft.

Recent Techrights' Posts

Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
 
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day
Links 11/05/2026: Another Oracle Setback and Mass Layoffs in Iran
Links for the day
Gemini Links 11/05/2026: Older Can Be Faster and Textmode Workflow
Links for the day
Links 11/05/2026: The Solicitors Regulation Authority (SRA) Admits It Only Reacts When It's Too Late (Damage Already Done), Ombudsman’s Animal Cruelty HK Report
Links for the day
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day