Bonum Certa Men Certa

Patent Trolls and the Rise of Non-Practicing Parasites Not Just in the US But Also in Europe

It's already happening right here in the UK...

Carnegie Mellon University



Summary: The role played by patents, increasingly bolstered by self-serving patent maximalists, outweighs actual creativity, innovation and production which patents were, in principle, supposed to encourage and advance

PATENT trolls are a huge problem, but the corporate media, owned and/or influenced by large corporations, does not pay attention to the fact that patent trolls almost always use software patents. Therein lies the bigger problem. It's the core problem. Software patents should never have existed in the first place, as evidence always served to show that they would be counter-productive.



Here we see a new article from the British mass media, which was summarised this week (just a couple of days ago) as follows: "Apple has been told to pay a hefty fine to a small company for patent infringement. So why aren't we celebrating the victory of a 'David'? Because the little guy is a 'patent troll', stifling innovation by abusing the system, says Rhodri Marsden" (he says nothing about the nature of the patent/s or Apple's own patent aggression, including its 6-year patent war against Linux/Android).

As we put it earlier this month, "VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents."

In other news, as noted here yesterday, "IV [Intellectual Ventures] Invention Fund Teams with Fraunhofer in Europe" (Fraunhofer is a notorious actor when it comes to software patents in Europe).

The EPO-funded bloggers wrote a puff piece for Intellectual Ventures, the world's largest patent troll. This trolls-funded mouthpiece (also EPO-funded) went with the headline "The Intellectual Ventures invention fund teams up with Fraunhofer in major move into Europe". UPC would help more such trolls penetrate Europe, giving jobs to patent lawyers who profit from an increase in litigation, or "patent warming" as the FFII's President calls it.

Who would more likely settle with patent trolls? Take a guess. It's European SMEs, which make up a lot of the industry here (we don't have Googles and IBMs here, except for branches of these US firms). It makes SMEs a very attractive bunch of targets for trolls, especially in Europe. To quote United For Patent Reform (from the other day): "Did you know patent trolls are disproportionately hurting smaller, more vulnerable firms?" There is a valuable reference there with additional information and it links to this paper (published less than a year ago by James Bessen et al). Wall Street, i.e. the big businesses well past their IPOs (and with massive legal departments of their own) promotes or at least defends patent trolls in its press. Is anybody surprised by this?

"Software patents should never have existed in the first place, as evidence always served to show that they would be counter-productive."The Computer and Communications Industry Association, which is funded by big businesses, now focuses on universities -- not aggressors like Microsoft or Apple -- as the problem.

"'Innovation'", wrote in response this one person, "is a piece of paper you can sue others with?"

"Warped mentality," added this anonymous person.

The context for this misdirection must be reports about CMU, which not only attacked anonymity (undermining Tor for the US government) but also attacks practicing companies using patents. As WIPR put it: "Carnegie sued Marvell at the US District Court for the Western District of Pennsylvania in 2009, claiming the company had sold billions of chips using the technology."

This is likely to become a sort of 'tax' on products that almost everyone buys. See parts of a longer discussion with Patent Buddy about the funding of US universities and how it now relates to such legal battles over patents. "Carnegie Mellon," as it was put at one stage, "has transformed US universities in[to] patent trolls" (link to CMU).

"These days in the US," Patent Buddy told me, "patent attorneys make about as much as engineers."

What about the externalities? They're everyone except patent lawyers.

"It makes SMEs a very attractive bunch of targets for trolls, especially in Europe."The response to him was that "in a better world they should do another more useful job." And on it goes (details in Twitter)...

Looking at some press coverage we find that, based on the formal statement, "Marvell Technology Group Ltd. (NASDAQ: MRVL), a global leader in integrated silicon solutions, and Carnegie Mellon University, a private research university, today announced that, pursuant to a court-ordered mediation, the Company and University have settled their patent infringement lawsuit. The parties have resolved the case on mutually acceptable terms, including an aggregate payment by Marvell to CMU of $750 million, with no ongoing royalty payments."

Here is what patent maximalists wrote: "Court-ordered mediation ends in $750m agreement to settle the seven-year-long patent infringement lawsuit between Marvell Technology Group and Carnegie Mellon University" (see CMU background).

"CMU does not actually produce anything."This is not a software patent, but the issue here is different. CMU does not actually produce anything. The source of CMU's funding, as noted above, is also relevant to this. From an economic perspective, the public only loses.

Incidentally, as pointed out by the FFII's President the other day, "Olimex [is] forced to file software patents are required in order to get EU funding," which is an "insane waste of public money" (it can also be used to tax the public later).

Here is the relevant bit of a blog post published two days ago:

This gives amazing opportunities to Bulgarian companies to become globally competitive.

Unfortunately the most interesting area the innovation is burden with most paperwork and some things which are totally unacceptable with our Open Source way of thinking. For instance one of the requirement is to fill file patents for the innovation, which to protect the EU investment in your company. Looks logically, but this effectively cut off all companies which work with Open Source Technologies.


What is the EU coming to? Is it trying to impede a FOSS spirit and a sharing culture by urging people to get software patented, despite the rules (as per the EPC) not allowing it? Something sure is rotten at the EPO, which urgently needs to be fixed.

Recent Techrights' Posts

Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
 
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs