Bonum Certa Men Certa

Patents Roundup: Marijuana Patents, Patent Satellites, Patent Trolls, Wars, and Merchants (Notably Lawyers)

Summary: Various strands of news about patents, focused on issues raised in the latter half of last week

WE habitually publish outlines of news about patent injustice. While we're not inherently against patents, there are some domains that oughtn't have patents in them because collective goals are being impeded rather than advanced by them.



Patents on Marijuana Plants



We start this roundup with the eye-catching article about patents on marijuana. To quote Vice: "On August 4, 2015, US officials quietly made history by approving the first-ever patent for a plant containing significant amounts of THC, the main psychoactive ingredient in marijuana, according to the patent's holders, their lawyers, and outside experts in intellectual property law.

"One has to wonder how this relates to already-controversial patents on plants, putting aside the controversy surrounding legalisation of cannabis.""Patent No. 9095554, issued to a group of breeders in California, "relates to specialty cannabis plants, compositions and methods for making and using said cannabis plants and compositions derived thereof," according to the 145-page document, which is filled with charts, graphs, and reams of scientific jargon describing a range of hybrid strains with distinctive ratios of cannabinoids."

One has to wonder how this relates to already-controversial patents on plants, putting aside the controversy surrounding legalisation of cannabis.

Patent Misconceptions



An article by Terry Ludlow, CEO at Chipworks, recently referred to patents as something one "develops" (rather than applies for after actually developing something), which probably highlights a common misconception about what patents actually are (many conflate them with physical objects -- things that have had patents applied to them).

"Johnson's assertion that maintaining high patent quality is important should be commended."

Hewlett Packard



Hewlett Packard (HP), as showed here in past years, promoted software patents even outside the US and MIP has this new interview with HP's IP litigation counsel. "The California-based counsel shares her views on the state of the IP environment in the US and how professionals can contribute to improvements, particularly in the patent field," wrote MIP. One part of the interview said this: 'Johnson adds that “creating and maintaining a balanced patent system that promotes innovation and good, valid patents, while also ensuring that bad, low quality patents are not used to abuse the system and ultimately undermine its effectiveness” is one of the biggest challenges in patent law. She says: “There are three main US venues that address patent disputes – the ITC, PTO, and federal courts. IP litigation counsel in my position have to stay vigilant about understanding trends and the discourse around all three of these venues.”'

We don't generally regard HP to be so bad on the patent front, either because it doesn't attack companies using patents all that often or because it doesn't lobby for software patents as often as companies like GE, Intel, Microsoft, and IBM (comparable in terms of scale). Johnson's assertion that maintaining high patent quality is important should be commended. Later today we are going to show that Microsoft and IBM push in the opposite direction.

Marathon Patent Group and Satellite Strategies



"It's important to understand that what we have here is a patent company (or troll) acting as a satellite for another -- an increasingly-common loophole to ensure no reactionary lawsuits."Regarding a case which was mentioned here recently, MIP writes a decent article and so does IP Kat, which said late on Friday: "Dynamic Advances parent company, Marathon Patent Group (a patent licensing company) , stated in its SEC filing that under the terms of the settlement Apple will be granted a licence for the patent and a 3-year covenant not to sue. In exchange, Apple will pay $24.9 million under the agreement, with $5 million of that sum payable upon dismissal of the litigation."

It's important to understand that what we have here is a patent company (or troll) acting as a satellite for another -- an increasingly-common loophole to ensure no reactionary lawsuits. It's an anti-deterrence tactic. This discredits the theory of "defensive" patents; how can patents be used defensively against entities which have no products at all? As the headline of this article from a trolls expert put it, "Apple pays $25M to a university—and the patent troll it cut a deal with" (summarised accurately and succinctly).

"So one can see that Marathon Patent Group is nothing but a new (ish) kind of troll.""Apple has agreed to pay $24.9 million to a "patent troll"," it says, in order "to end a lawsuit over its Siri voice system, according to documents filed yesterday with the Securities and Exchange Commission. Publicly traded Marathon Patent Group, whose business is focused on patent licensing and lawsuits, will split the settlement cash with Rensselaer Polytechnic Institute (RPI), the New York technical university that provided the patents."

So one can see that Marathon Patent Group is nothing but a new (ish) kind of troll.

'Killing' Patent Trolls



The Week has published a new article titled "How to kill patent trolls once and for all". Composed by Pascal-Emmanuel Gobry, who describes himself as "a writer and fellow at the Ethics and Public Policy Center," the article starts with some useful background: "Why are patent trolls so deleterious? Well, these companies exist for no other reason than to gobble up patents and then file frivolous lawsuits over semantic patent violations against any target they can find, with the hope of cashing in with a big settlement. Needless to say, this can wreck the finances of startup companies. (If you want more details, listen to this brilliant This American Life investigation of patent trolls from 2011.)"

"Militarisation of the world's patent systems isn't new; a lot of weapons manufacturers want a monopoly on 'innovative' new ways to kill people."A commonly-cited (but controversial) study is then cited: "Patent trolls cost defendant firms $29 billion per year in out-of-pocket costs, according to one study. But the drag on innovation is much bigger than that. Think of all the fledgling companies that miss crucial time-to-market opportunities, and whose products don't reach their full potential, because they have to fight patent trolls. Some would-be entrepreneurs are surely so frightened of patent trolls that they don't even bother trying."

The concluding words are these: "Always, always stand up to the bully. It's the right thing to do, and it also happens to be the smart thing to do."

That's what NewEgg has been doing. It can at least afford to.

Patent Wars



Militarisation of the world's patent systems isn't new; a lot of weapons manufacturers want a monopoly on 'innovative' new ways to kill people. A new article, "The Pentagon Turns to Intellectual Property to Protect U.S. Military Dominance", wants us to believe that there's something to be cheered for because 'we' (readers), supposedly as US citizens, are 'protected' by the patent system, which keeps 'our' military strong, as if rival armies (like China's or Russia's) will bow to some patent offices abroad and pay patent royalties to corporations that try to nuke their nation (if it wasn't for mutually-assured destruction and other forms of deterrence).

"The excesses/abundance/saturations reduce productivity, waste resources, generally slow down development in various fields, and ultimately help nobody but patent lawyers and their largest clients (usually global monopolists)."

Patent Merchants



It's not so unusual to find patent lawyers in the media. They keep spewing out their pro-war/feud (in the patent sense) propaganda and they try to 'sell' patents (applications, lawsuits and other such 'products'), in the same way arms manufacturers do. An article which misses the point that not all patents are equal and similar, e.g. software patents, was published in the Canadian press a couple of days ago. "Patents are no barrier to innovation, despite the myths," says the headline. Well, ask software engineers about it and see what they say. The author wrote that "Canadian entrepreneurs should be vigilant to protest against measures that would cripple our patent system to the disadvantage of innovators. This vigilance should extend to monitoring changes that may be proposed to our laws pursuant to international treaty negotiations."

Well, actually, some patents may be good (we don't deny this), but their breadth and number made them so shallow and impractical to keep track of. The excesses/abundance/saturations reduce productivity, waste resources, generally slow down development in various fields, and ultimately help nobody but patent lawyers and their largest clients (usually global monopolists). A Web site of lawyers in Indiana has just said "Indiana patent law delaying demand letters" and an Australian law firm celebrates "Growth, Growth & More Growth" in so-called 'IP' (growth for patent lawyers, not for the economy). The Australian, a paper owned by News Corp. ('Conservative'), plays along with this type of agenda, having just published "Innovators miss the bus on filing home patents". The Financial Express, in the mean time, calls "a market-oriented approach (corporate-leaning) to patent box regime. Because hey, who cares what the general public thinks, right?

"WIPO doesn't care about development. It doesn't care about people. It doesn't even care about its own staff, which it sometimes drives to suicide."In contrast to this, based on this report from Africa, there is some resistance from a minister. "A South African cabinet minister speaking at an international conference on intellectual property has challenged the view that protecting the rights of creators and inventors leads to innovation," says this report. "Rob Davies, the country's trade minister, raised eyebrows recently when he told the World Intellectual Property Organization (WIPO) - the global HQ of patents - that the role of patent protection in promoting innovation has been controversial."

WIPO doesn't care about development. It doesn't care about people. It doesn't even care about its own staff, which it sometimes drives to suicide. It's Gurry's way or the highway, just like at the EPO where Battistelli (previously competed with Gurry for the WIPO position) believes he is a king, so no opposition -- however minute -- can be tolerated.

Recent Techrights' Posts

IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
 
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026