Bonum Certa Men Certa

Patents Roundup: Europe's Mistake With the EU Patent, SCOTUS, Patent Trolls, and Collusion

World map



Summary: Bits of patent news (international scope) which software freedom supporters should keep abreast of

PATENTS ARE, in our humble assessment, the most important subject when it comes to Free software*, especially since the Microsoft-Novell deal, which only months after its signing resulted in Microsoft's extortion of Linux vendors and users. Software patents in Europe continue to be a subject of discussion because the European Parliament is doing foolish things, embellishing them and casting them as "cooperation":



The European Parliament gave its consent on Tuesday for a common EU patent system to be created using the enhanced cooperation procedure. In December 2010, twelve Member States made a request to launch such a procedure, after it was concluded that not all the Member States could agree on an EU-wide patent system.


Patents are not about cooperation, they are about exclusion, separation, and hostility.

Looking over at the United States, professor Eben Moglen and Microsoft are also mentioned by SCOTUS Blog (via Against Monopoly), which says that the court will "consider standard for secondary patent liability". To quote: "Other noteworthy filings include one by Tom Hungar at Gibson, Dunn (on behalf of Comcast, Microsoft and several other large IT companies). Hungar’s brief provides an excellent summary of the cases that were codified in Section 271(b), designed to show that the Federal Circuit’s reading of the statute is inconsistent with Congressional intent. Given the importance of the early cases to the Court’s decision in Bilski, this brief is likely to be important to at least some of the Justices. And finally, there is a filing with typical verve from Eben Moglen on behalf of the Software Freedom Law Center, pointing out the risk to independent software developers of a standard that exposes them to liability for patents of which they have no reason to be aware."

The Microsoft-tied Traul Allen and Intellectual Ventures (IV) are allegedly or reportedly extorting Linux already (HTC and Samsung). John Cook from the Microsoft-boosting TechFlash spoke about the perpetrator of IV and mentioned the strong connection to Microsoft. The title speaks about "penguin poo" and there's this part too:

On why he sometimes gets labeled a patent troll: "It is threatening to the old order."


"People say that because they believe it to be true," Groklaw remarks. It is delusional. To justify greed, the greedy always find some ridiculous justifications, then mass-market the delusion using PR campaigns. There are famous lines that they recycle and use.

Patents are generally a hindrance, not a facilitator of progress. A new case of collusion in patent monopolies helps show what patents can bring us sometimes:

Genentech Inc allegedly colluded with Celltech R&D Ltd to fraudulently extend the life of a disputed patent and reaped more than a $1 billion in royalties, according to a lawsuit by rival drugmaker Human Genome Sciences Inc.

The lawsuit takes aim at what is known as the Cabilly patent that protects a technology that uses recombinant DNA which is critical to the manufacture of many biotech drugs.

"Genentech has engaged in a massive, years-long conspiracy to monopolize and restrain trade in the market and commit fraud," said the complaint.


If that's what patents lead to, who needs them if not those who exploit or abuse the system? Many academic (and independent) studies have repeatedly shown that software patents -- and sometimes patents as a whole -- are economically unsound. ___ * Free software Web sites which do not cover the subject possibly do not understand it.

Comments

Recent Techrights' Posts

"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
 
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day