Bonum Certa Men Certa

Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

PBS on trolls



Summary: New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting

IN A WORLD or a society so overly obsessed with brands the problem and overt hostility of patent trolls is hardly grasped by most people until some troll like VirnetX sues and wins against Apple (huge amount of money).



Earlier today a question arose: "When will Apple finally become a key player in the patent reform movement?"

The context was this article from a site that glamourises Apple patents (especially when Apple attacks other companies). It has just said: "The California Institute of Technology has filed a patent infringement lawsuit against Broadcom and Apple (and Avago Technologies owned by Broadcom). The patent infringement lawsuit concerns Apple's iPhones beginning with the iPhone 5, the iPad, MacBook Air, Apple Watch and more. Apple's use of Broadcom's technology is using IRA/LDPC encoders and/or decoders invented by the California Institute of Technology. In this lawsuit, Apple is drawn in by virtue of using Broadcom Wi-Fi products. This week AirPort Extreme and Time Capsule were pulled from U.S. Apple Stores. Whether this is due to next-gen versions of these product arriving next month or complications related to this lawsuit is unknown at this time."

"The subject of parasitic elements in the patent system is gradually becoming mainstream."Apple likes software patents and other overly broad patents... until it gets sued itself, along with Broadcom in this case. We are not suggesting that the California Institute of Technology is a patent troll per se, but as we explained many times in the past (in relation to other US universities), the practice is using tax money or government subsidies to acquire patents and then make products artificially more expensive for everyone (by litigation or royalties) is neoconservative and growingly unjust. Some people make a killing, whereas the rest of the people pay the price.

The subject of parasitic elements in the patent system is gradually becoming mainstream. For instance, titled "U.S. innovators dogged by money-grubbing ‘patent trolls’," this new show from PBS is summarised as follows: "The U.S. economy is driven by innovation, but unwelcome “patent trolls” are gunking up the system. Patent reform bills sit idle in Congress as the “trolls” set up companies for the sole purpose, critics say, of shaking down inventors while never creating anything. “We just have to write 'em a check so they'll go away,” says one disgusted app maker. Economics correspondent Paul Solman reports."

Ante Wessels from FFII, writing about "software patent trolls" (combining patent trolls and software patents), remarked on the TTIP the other day as follows:

Citizens in Europe and elsewhere are harassed by software patent trolls, and experience issues regarding sequential innovation, remixing, and access to knowledge and culture. The FFII has argued that the EU should bring its IP law into line with human rights obligations. [4] TTIP may undermine this through exportation of EU law.


The Linux Foundation, which is well funded by patent aggressors (large ones) and software patents lobbyists, has become rather useless when it comes to activism against software patents. It did, however, publish two posts about Newegg's fight against patent trolls [1, 2, 3, 4]. One is a video and another is an article that says: "As Lee Cheng explained in his keynote speech at the Collaboration Summit held March 29-31 in Lake Tahoe, California, fighting patent trolls as part of his job at Newegg Inc. is a natural progression from his earliest legal involvement in civil rights advocacy."

"Some circles fail not only to attribute this to software patents but also won't mention patent trolls."It is worth noting that Newegg deals with software patents in this case. This is very typical and this debate ought to focus on software patents, not patent trolls.

A large Web site for realtors covered the matter just under a week ago and noted that "NAR took a forceful step against patent trolls last week by filing a petition with the U.S. Patent Office challenging the validity of patent claims by a company that’s been threatening infringement lawsuits against several real estate companies."

This, again, is about software patents. Some circles fail not only to attribute this to software patents but also won't mention patent trolls. For example, not even once does IAM say "patent trolls" in relation to the Eastern District of Texas litigation, instead choosing to just remark on raw numbers and mentioning Alice as follows: "One of the stories of the year so far has undoubtedly been the dramatic fall in US patent litigation filings in the first quarter. There were 947 from the beginning of January until the end of March, down from 1,554 the year before. It seems likely that the introduction of heightened pleading requirements last December had an impact, as plaintiffs rushed to file new suits last November before the new rules were introduced. The first full year since the Supreme Court’s Alice decision may also have had an effect as potential plaintiffs become more accustomed to a far greater level of uncertainty in infringement litigation."

"We continue to argue that the best way to tackle trolls is to limit patent scope, especially when it comes to abstract software ideas (as per Alice)."Those who spent resources accumulating data and charting this data regarding litigation are falling on deaf ears when it comes to IAM, which merely tries to garner sympathy for trolls this way and occasionally bashes Alice (grounds for invalidating software patents in the US).

IAM never speaks about trolls [1, 2], but it does mention "NPEs" in this other new piece: "Elsewhere, we explore how the growing threat of fee shifting is changing the calculations in US patent litigation and explain why NPEs now have no choice but to rethink their established business models. Look out too for our annual listing of every entity that owns 1,000-plus active US patents. With plenty more besides, including a special management report on issues affecting FRAND and standard-essential patents, subscribers will be kept busy right up until issue 79 appears at the end of July."

Watch how IAM calls trolling "established business models." It's more like a Mafia's modus operandi and IAM's bias is rather revealing here.

We continue to argue that the best way to tackle trolls is to limit patent scope, especially when it comes to abstract software ideas (as per Alice).

"Members of Congress who are asked by lobbyists to annul or weaken Alice are essentially asked not only to disallow patent reform but to actively make matters worse.""Presentation last week on Alicestorm patent eligibility forecast," one person wrote, noting: "Lots of good data."

"This is an extended an annotated version of my presentation at AIPLA Spring 2016 meeting," wrote the author himself after he had spent a lot of time accumulating data and charting data about Alice invalidations (we covered this many times before).

Members of Congress who are asked by lobbyists to annul or weaken Alice are essentially asked not only to disallow patent reform but to actively make matters worse. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
 
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?