Bonum Certa Men Certa

Patents Roundup: Patent Maximalism, Apple's Patent Deception, and Failure of Patent-Centric Media to Name and Shame Patent Trolls

Summary: Some of the past week's patent stories grouped together for easier absorption (sans the patent lawyers' bias)

IAM 'magazine', which glorifies patent stockpiling and litigation (follow the money), basically continued to promote stockpiling of patents earlier this week. It's about USPTO registration, which IAM uses to reinforce the notion of patents as "ownership" and innovation. Nicola from IP Kat, who is often sceptical of patent maximalists (she's one of their best writers on such topics), linked to this paper and said: "The key finding is that, “55% of triadic patents are commercialized. We also find that 17% of all triadic patents are not commercialized but are at least partially for preemption, though only 3% of all triadic patents are purely preemptive patents.” Preemption is patenting for strategic purposes, rather than commercial. (You could argue the two are one and the same, but the paper focuses on preemptive non-use, as in strategic patenting with no intention to use the patent.) The paper goes into much more detail, but the punchline is that nearly half of triadic patents are not used, but ‘strategic’ patenting may be less prevalent than popular discourse would have you believe."



"Patenting without boundaries devalues pertinent patents and harms confidence in patents."What we appreciate about Nicola is that in spite of backlash in the comments (probably from patent lawyers) she continues to insist that when it comes to patents, more is not necessarily merrier. Patenting without boundaries devalues pertinent patents and harms confidence in patents. That's just overpatenting. This is particularly true when it comes to software patents, which often correspond to very old ideas being implemented on a computer, on a device, over the Internet and so on. According to this new puff piece, for example, "Viridity Energy secures patent for transport-based energy storage software," which probably corresponds quite loosely to something like the first software patent ever to be granted in the US (granted to Martin Goetz using the guise of "transport"). Software in general isn't adequately protectable by patents but by copyright and there is no single patent that covers an entire computer program (there is no one-to-one correspondence and a single program can potentially infringe on thousands of software patents these days). We sure hope that the EPO won't be gullible enough to believe otherwise.

Moving on a little, GoPro, which Microsoft extorted using patents earlier this year, becomes aggressive with patents of its own. As Digital Trends put it: "After Polaroid manufacturer C&A Marketing Inc. sued GoPro for copying the Cube’s design last year, GoPro is turning the tables, saying that it’s the Cube that is using GoPro’s patented technology. In a lawsuit filed Tuesday in the U.S. District Court in the Northern District of California, GoPro alleges that the Polaroid Cube copies two patents owned by the action-cam giant."

"...when Apple wants to remotely control your phone, microphone, cameras etc. (or allow others to gain such control) it’s OK “because copyrights!”"GoPro may be aggressive with patents, but no company these days is nearly as aggressive as Apple, which sees its empire devoured by Google with Android. Apple is now pursuing patents on censorship, as quite a few sites correctly note. Rick Falkvinge (Pirate Party founder) correctly went with the headline "Apple patents technology enabling police to prevent iPhones from filming police abuse". One article had the headline "Apple gets patent for remotely disabling iPhone cameras, raising censorship fears", but many of the other articles about it (literally hundreds if not thousands of them) were so terrible that they repeated Apple's talking points. Poor reporting took Apple's word (at face value) on how cameras being hijack would be used; when Apple wants to remotely control your phone, microphone, cameras etc. (or allow others to gain such control) it’s OK “because copyrights!” [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72]. How misleading. These lies dominated the media and made Apple's patent look like "protecting artists" rather than censoring photographers (who are themselves artists). See the article "The New iPhone Might Shut Off Next Time You Try to Film the Police in Public" for better perspective, unlike advocacy sites of Apple patents. This one said: "The U.S. Patent and Trademark Office officially published a series of 44 newly granted patents for Apple Inc. today. In this particular report we cover an Apple invention that pointed to the coming indoor GPS trend that is about to come to market first with the Lenovo-Google Tango smartphone this fall. In our report covering the Lenovo phone we pointed to a feature that will be introducing augmented reality. To a certain degree this is covered in today's granted patent. Apple's technology discusses working with venues like a museum that could provide visitors with guided tours and beyond on a future iPhone. In 2014 we posted a report titled "Apple and Google Headed for an Indoor Location Services War," and indeed they are with Lenovo-Google taking the first shot. The second aspect of today's granted invention caused a massive roar from techies who were upset with the camera being able to block smartphone video recording at concerts."

Speaking of Apple, IAM insinuates that iPhone sales ban in China is a bad thing (suddenly IAM thinks patent assertion is bad, probably because China isn't paying IAM) and MIP says "Apple’s latest China setback could encourage patent trolls". "The Beijing IP Court has ruled that the iPhone 6 and 6 Plus infringe the design patent of a Chinese-made smartphone, in a case that one IP lawyer believes could provide inspiration to patent trolls," MIP writes. Well, if they are so supportive of patents, why is this bad when China uses patents? A bit of hypocrisy here, no? On the other hand, IAM published "Fujifilm’s Chinese pharma patent licensing deal marks a milestone in its IP-driven transformation" and "Qualcomm's licensing model will be “destroyed” if it can’t win key China case, says its ex-Asian patent director" (also about china). So a monopoly abuser wishes to conquer China with patents that China doesn’t care for and IAM takes the side of the monopolist. How predictable. Moving further east to Japan, watch how IAM promotes/grooms Intellectual Ventures, the world's largest patent troll (which came from Microsoft originally). IAM wrote: "Earlier this month, we learned that Intellectual Ventures (IV) is spinning out its Invention Development Fund (IDF) into a separate entity. The news was confirmed by Paul Levins, who has been head of IV’s Australia and New Zealand operations and is the Asia and Europe programme director for IDF, while speaking on a panel at IPBC Global 2016 in Barcelona. As I understand it, this process has been underway for a few months and is still ongoing - but this has not stopped IDF from doing deals."

"We see more of the same bias coming from patent lawyers' (supposedly 'news') sites, which prefer to treat all patents as necessary and those that sue companies as "doing the right thing" (irrespective of merit or benefit to science, technology, and society)."The word troll isn't even mentioned in this article (nor is it mentioned in this new article about the patent troll of Ericsson, which now goes to Asia for some shakedown, extortion, blackmail or whatever). WatchTroll only puts the word troll in scare quotes, reflecting the same kind of bias. We see more of the same bias coming from patent lawyers' (supposedly 'news') sites, which prefer to treat all patents as necessary and those that sue companies as "doing the right thing" (irrespective of merit or benefit to science, technology, and society). "Amicus Briefs Due Soon in Supreme Court Copyright and Patent Cases," one such site said after it suggested how to destroy small companies using patents. "A tactic sometimes used by a well-established competitor against a startup is to accuse the startup of patent infringement," the article said. "Unless the startup has deep pockets, it cannot really afford to defend a patent lawsuit..."

This is why patent trolls are particularly problematic for small companies. Sometimes patent trolls are just proxies/satellites of large companies. If only more patent lawyers' sites cared to cover the subject...

Recent Techrights' Posts

IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
 
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026