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

This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
 
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026