Bonum Certa Men Certa

When Patent Litigation Reaches Billions of Dollars in 'Damages' Per Case

Monsanto - bones logo



Summary: How out-of-tune the patent system has become, based on some of the latest news

THERE is a real issue going on when producing companies like RIM face possible death due to patents on software. The pro-patents press named the issue some days ago [1, 2], but it lacked criticism.



One new article, titled "Software Patent Dispute Costs RIM $147 Million (NASDAQ: RIMM)," does decent work. To quote this article, "Research in Motion has been found liable for $147.2 million in damages for infringing patents held by Mformation Technologies. Mformation sued RIM in federal court in San Francisco in 2008, accusing it of infringement of two patents. Mformation is a maker of mobile-device management software. The software in question is called BlackBerry Enterprise Server.

"Mformation claimed that during licensing discussions, it had disclosed details of the technology to RIM. The company said in its complaint that after declining to take a license, the BlackBerry maker modified its software to include the patented systems. Jurors determined that RIM software that allows companies to manage their workers’ BlackBerry devices remotely infringed on Mformation’s patents. The verdict came after a trial that lasted three weeks."

"This is lunacy and the amount of money is staggering."The patent system is rotten to its core and it's not just about software patents; patents on life are another notable example. Monsanto, for example, is grabbing billions by polluting fields and claiming a monopoly over altered life, as explained here: "We've had plenty of stories over the years of Monsanto's incredibly aggressive stance when it comes to its "Roundup Ready" patents. The company has now been awarded $1 billion from Dupont for infringing on of these patents. Now, here's a case where we're talking about competing companies, so perhaps no big deal, right? Except there's one tidbit here that makes this interesting: Dupont never brought the product in question to market. So the "damages" to Monsanto would seem to be minimal... except in a court of law apparently."

Here are the lawyers covering this as though it's acceptable. In another case, the one of Brocade (essentially killed by the same vulture who killed Novell), a victory is declared where vast amounts of money are involved. To quote: "Brocade Communications Systems Inc. was awarded $112 million in damages in its intellectual property trial against rival A10 Networks Inc. on claims that the latter infringed on patents related to server load balancing software and equipment."

"What about the cost of unethical monopolists like Monsanto? The parasitical nature of the patent system goes beyond trolls."This is lunacy and the amount of money is staggering. When penalties verge billions of dollars (see Oracle's case against Android) real products have their liability compromised. Often this is done for the enrichment of mere parasites, such as patent trolls or dying companies which are unable to make or sell products. Take Nokia for example. We are going to deal with it in the next post.

Apple boosters are blaming trolls while ignoring Apple's behaviour and NBC [1, 2] gives exposure to Bessen et al. with the figures on the cost of patent trolls. To quote: "Patent trolling got the academic treatment from the Boston University School of Law in a recent study. The sum total cost in 2005 was only $6.7 billion."

What about the cost of unethical monopolists like Monsanto? The parasitical nature of the patent system goes beyond trolls. The system needs to be changed.

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
 
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day