Bonum Certa Men Certa

Patent Trolls in the US, Storm of Patent Litigation Expected in China, and Yahoo's Patents (Potentially on Sale) Become Subject of Intrigue

“Along with many other computer scientists, I would like to ask you to reconsider the current policy of giving patents for computational processes.

“There are far better ways to protect the intellectual property rights of software developers than to take away their right to use fundamental building blocks.

“I find a considerable anxiety throughout the community of practicing computer scientists that decisions by the patent courts and the Patent and Trademark Office are making life much more difficult for programmers. ”

--Donald Knuth



Summary: The ugly side of patent systems with little or no quality control, including the resultant chaos, as demonstrated in the United States and soon in China too

THE epidemic of patent trolls in the US is a result of the USPTO granting patents on software as if doubling the number of grants can somehow be achieved while maintaining quality. A lot of patent trolls don't even need to be challenged in courts (which would likely invalidate these patents in this post-Alice era), primarily because their victims -- companies and individuals whom they prey on -- are too poor to afford many months (if not years after various appeals) in a court of law, thus would rather settle by paying 'protection money' to the troll/s. Now there's a 'Mafia economy', motored by the broken US patent system.



Apple, by contrast, can afford to go to court with trolls and based on this new report from Reuters:

A federal judge has rejected another bid by Apple Inc to get rid of a mobile phone patent that a U.S. appeals court said should not have been knocked out of a lawsuit filed by licensor MobileMedia Ideas LLC.

In a ruling on Monday, U.S. District Judge Susan Robinson in Wilmington, Delaware, refused a motion by Apple and its O'Melveny & Myers attorneys to rule on summary judgment that Apple does not infringe the patent or that it is invalid.


Even right here in Europe, despite resistance from the public, patent trolls are already a reality. Over at IAM, patent lawyers now report on patent trolls in Europe (the Openwave troll a.k.a. Unwired Planet, a notorious patent troll of Ericsson). It's a case that's based in the UK rather than Texas and as the lawyers put it: "In 2014 Unwired Planet asserted six of its European patents against the defendants, Huawei, Samsung and Google, which were acquired from Ericsson, in both the United Kingdom and Germany. To date, the judgments for three technical trials in the United Kingdom have been handed down. This article examines the third technical trial. After the technical trials have been completed in the United Kingdom, assuming that the proceedings continue, there will be a fair, reasonable and non-discriminatory terms (FRAND) trial to decide on the licensing dispute."

"Now there's a 'Mafia economy', motored by the broken US patent system."What can be seen here is how a once-practising (and successful) company has turned into a patent aggressor, even if the aggression is carried out by proxies/shells/satellites/trolls. It's highlighting a trend (see IBM for example) and it is highly relevant in light of the news about Yahoo, which got hijacked by Microsoft several years ago. IAM looks at the vocation of its patents, noting: "As a point of comparison he highlighted AOL’s sale of a portfolio to Microsoft for $1.1 billion in 2012 and raised the possibility of a consortium bid a la the Nortel auction. Of course, comparing the value of patent assets today with those of 2012 is a bit like comparing the value of your Florida condo in 2009 with what you paid for it in 2006. You quickly end up with two very different numbers."

Remember what we wrote about Microsoft's buyout of the patents from AOL (after some preying). Microsoft is one of the worst patent aggressors out there, but it typically hides behind shells. IAM believes that China too might be interested in Yahoo's patents, noting: "Could, for example, a company looking to grow aggressively in the US that wants the freedom to operate in a notoriously litigious market be interested? The Chinese internet giant Alibaba might fit that bill and others may not want it to get what Yahoo has. That could drive the price up, but even then it’s hard to see how the portfolio goes for $4 billion."

"It’s a broken system and it will lead to a broken economy where only rogue elements and super-rich actors stand to gain."To quote an article just published, China patent "quality of the protection is so poor that a flood of litigation is bound to result."

"Experts expect flood of litigation as a result of huge numbers of Chinese patent filings and poor quality protection," noted the author in Twitter. As we wrote here many times before, one thing that China has in common with the US is low patent quality, as the goal is quantity, irrespective of the merit/novelty of an application. It's a broken system and it will lead to a broken economy where only rogue elements and super-rich actors stand to gain.

Remarking on the value of Yahoo's patents, another person thinks that it may or may not be in the billions (with a B, not an M) and patent maximalists, citing IAM and the latter, e.g. Daniel Ballard and J Nicholas Gross, whom we mentioned here before (not favourably), say "think these [are] generous + assume perfect monetization of these assets-which is impossible in current judicial climate" (probably Alice).

"Whenever Microsoft attacks Android/Google with patents it acts (towards Linux) like a wife beater being seen by an alibi 'in the action', then stating calmly "it's nothing personal, don't mind what you're seeing here!""The term "perfect monetization" means litigation and extortion. They make it sound so legitimate with their euphemisms, don't they? Just like IAM...

There are other patent boosters who wrote about it. They also cited the Murdoch-owned tabloid and criticised it as follows: "The New York Post reported this week that Yahoo’s patent portfolio could be worth up to $4 billion, as the company is currently seeking bidders in an auction for its core businesses. While the company has not explicitly discussed a separate patent sale, the value of the patent portfolio is likely to be a key factor in any ultimate sale price."

Our main concern is that a Linux foe like Microsoft might try to take these patents, just like it took Novell's. Remember that at least twice (just recently) Microsoft was abusing Google/Android/Linux with patents. That's many times so far this year. Whenever Microsoft attacks Android/Google with patents it acts (towards Linux) like a wife beater being seen by an alibi 'in the action', then stating calmly "it's nothing personal, don't mind what you're seeing here!"

Recent Techrights' Posts

Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
 
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026
Linux is Sabotaged by Botspam and Bloat (de Facto Denial of Service Attack in "Intelligence" Clothing After Rust in "Security" Clothing)
Linux is becoming orphaned, devalued and diluted by GAFAM slop
Switzerland No Longer Wants Microsoft's 'Swiss Cheese' (Back Doors)
Switzerland's patience with Microsoft is wearing thin
Debian is Not a Community, Many Debian Developers Work for Large Companies Including GAFAM (US)
"Community" sounds like friendship and amicability
Links 08/09/2026: Slop Companies Attack Some More Sites, Nvidia Bribes 'Linux' Foundation for Some More Openwashing and for Saying Slop is "Secure"
Links for the day
Gemini Links 08/09/2026: Ultra Introverts, BlackBerry Bold in 2026, and Laughing at LLMs
Links for the day
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026