Bonum Certa Men Certa

Ridiculous Patents at the USPTO, Trolls as 'NPEs', and an Update on Microsoft-Connected Patent Trolls

Summary: A roundup of patent news and in particular news pertaining to software patents, trolls that threaten Free software, and media bias

EVERY NOW and then Techrights covers examples of patents -- not necessarily software patents -- which show how ridiculous the patent system has become, especially the USPTO.



Some days ago the EFF wrote about a patent on how to film a yoga class -- a patent similar in some sense to Amazon's patent on photographing objects with a white background at the back.

EFF recently learned about a patent that covered a method of filming a yoga class. We reviewed the patent and discovered that it was just as ridiculous as it sounded. Despite our familiarity with absurd patents and our concerns about cursory review at the Patent and Trademark Office (PTO), we were still surprised that this one issued. It seemed the so-called “invention” wasn’t the kind of thing that should be patented at all—or at the very least, was not something novel or nonobvious. Yet another stupid patent, and winner of our October accolades.


Another new article from the EFF says that a "patent troll [was] hit with double fee award". "Lumen View is a typical patent troll," says the EFF. "Armed with a vague patent on “facilitating bilateral and multilateral decision-making,” it sent out aggressive letters demanding payment. It refused to explain how its targets actually infringed its patent. Instead, it made shakedown offers it knew would be less than the cost of defending a lawsuit. When startup FindTheBest spoke up about Lumen View’s tactics, the troll asked for a gag order. Thankfully, Judge Denise Cote of the Southern District of New York refused the troll’s censorship demand."

Now everyone is against patent trolls. The plutocrats' paper, Forbes, calls them "Non-Practicing Entities" in this "interview Shawn Ambawni the COO of Unified Patents." (not to be confused with the proposed European Unified Patent Court)

"Unified Patents" issued some numbers on decrease in patent litigation although its numbers where not quite as encouraging as those from Lex Machina and they tried to paint it as a troll issue, not a patent scope issue. Here is the original spin with the "NPE" euphemism for trolls.

Instead of chastising the real patent aggressors, corporate media likes to pick on companies like Google (because Google stopped pursing real reform). It's just too popular to pick on Google and not companies that are aggressive with patents and use them against Google, e.g. Apple, Oracle, and Microsoft.

The corporate media, USA Today for example, continues to reveal its support for abusive litigation with patents by big companies and trolls (referring to trolls as "NPEs") and a patent maximalists' Web site writes about Wi-LAN, a very notorious troll, as though it's an "NPE" too:

Japan’s ROHM Semiconductor has entered into an agreement with Wi-LAN which will see it transfer a portfolio of patents to the Canadian firm. This is the latest deal in which a Japanese technology company – traditionally a very conservative bunch when it comes to aggressive IP monetisation – has teamed up with an NPE in an effort to improve returns from its patents.


From the same patent maximalists' site comes an interview where Lemley says: "The tech industry is not monolithic – Apple and IBM, and increasingly Microsoft, are actually now fairly vocal proponents of patents as they become sort of more mature companies and see their market share being taken away by others. My guess is that if you asked engineers in the software world they would say, maybe not universally, but almost to a person, we’re on a roll lets just get rid of them."

In other news about trolls, Acacia has just been defeated and here is an interesting observation about Intellectual Ventures (both are Microsoft-connected):

How can they have more subsidiaries than IV? Or rather, how can their fewer-than-IV-subsidiaries have filed more lawsuits than IV’s? It’s possible and highly likely because Joe’s a very thorough guy and wouldn’t say that if it weren’t true. It’s just surprising that I didn’t know that because I pride myself on knowing all the things about all the trolls.


One sure thing is, patent trolls and big trolls such as Microsoft continue to be defended by some of the largest (and corporations-run) media, leaving everyone in a state of anxiety and disarray. The patent system as it stands at the moment serves virtually nobody except the richest people and richest corporations. It's a system of protectionism.

Comments

Recent Techrights' Posts

Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
 
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025
Microsoft Sites Now Talking About September's Mass Layoffs at Microsoft
It's noteworthy that even Microsoft's MSN now covers the latest revelations about mass layoffs
Gemini Links 06/09/2025: SpellBinding Moving and "The Cloud" Ridiculed
Links for the day
Slopwatch: On "the Apology Industry", Chatbots (Punchbag for Customers), and Fake Articles About "Linux"
"news reporting priorities changed"
Links 06/09/2025: "Covid Incidence on the Rise" and Many Attacks on the Press Worldwide
Links for the day
The Register Bill
The Register MS - putting the "MS" in your centre of the universe
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
Nobody Denies That SecureBoot Will Cause Problems After September 11
Not even Microsoft
Gemini Links 06/09/2025: Infinite Scrolling and Posting from Emacs
Links for the day
Links 06/09/2025: GitHub Meltdown Over Slop, "U.S. Jury Says Google Should Pay $425 Million in Privacy Lawsuit"
Links for the day
Despite Its Severe Financial Problems Gnome Foundation Inc Paid Rosanna Yuen Over 100,000 Dollars Last Year
maybe relocation should be considered
The "Left" and the Right"
It poisons everything
Mozilla and Rust Are Not Leftists
they're part of the mass consumerism machine
Disposable to Microsoft
There is an extensive set of people who got used by Microsoft, only to be thrown away a month later or a year later or a decade later
The UEFI 9/11 - Part VII - This Coming Week Many PCs Will Refuse to Boot "Linux" (Because of Microsoft's Expired Certificate)
The real solution is, disable "secure boot" or "SecureBoot" while it's still possible. [...] Just like submarine patents, a lot of this problem was "hibernating" for a while
The Thing Nobody in Red Hat Wants to Talk About Openly
There is a real sentiment or worry among Red Hatters, Europeans and Americans in particulars (because of higher salary expectations)
Slopwatch: Small Parade of Fake News About "Linux" and Scams Borrowing the Name (or Word) "Linux"
In practice, LLMs are a risk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 05, 2025
IRC logs for Friday, September 05, 2025
Genini Links 05/09/2025: Community, ROOPHLOCH, and PITkit
Links for the day
Links 05/09/2025: Vaccine Sceptics Poison the Well, Two Exploited Vulnerabilities Patched in Android
Links for the day
Gemini Links 05/09/2025: Logitech Lift and DIY Gemini Servers
Links for the day
Links 05/09/2025: Sainsbury's Caught Spying on In-Store Shoppers and Microsoft "OpenAI is Using Legal Threats to Harass its Critics"
Links for the day
BASIC Predates Microsoft by Over a Decade, Microsoft-Controlled Sites Like The Register MS Don't Want You to Know This
The state of the media is really bad when it relies a lot on oligarchs' money and is appointing editors who are working for oligarchs
Brian Kernighan, "Only Third to Dennis Richie and Ken Thompson" (UNIX), Agreed With Someone Who Said Rust Was Just Hype, Should Not Replace C
17 hours ago
Reminder: Microsoft's "Secure Boot" Certificate for "Linux" Will be Expired in One Week
Many PCs won't manage to 'rotate' to another certificate
"Many of the Red Hat Employees Are Still Looking for Work"
Shame on IBM's CEO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 04, 2025
IRC logs for Thursday, September 04, 2025
Microsoft Started With Code Literally From The Trash, Nothing Has Improved Since
The reality is, there are systems and code that are reliable. But they're not Microsoft's.
Hypothesis That New McKinsey/Microsoft Executive Inside Red Hat Will Outsource Research and Development Operations to India (Like They Do in IBM)
IBM is floundering
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place