Bonum Certa Men Certa

Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow

IBM logo on media



Summary: Patent aggression and patent lobbying from IBM is a growing problem, especially now that patent lawsuits are on the decline and software patents are going away

Thomas F. Cotter, a Briggs and Morgan Professor of Law (from the University of Minnesota Law School) wrote about Mexico's patent law, invoking some drool-dripping 'IP' academics (Mike Schuster in this case) who say that in "Mexico, patent damages must be 40% of public selling price of infringing products..."



"Under the new CEO, or so it would seem, IBM is back to the days of suing companies like Sun."IBM's patent chief, who keeps plotting and scheming to blackmail the whole industry using software patents, cited the above 'IP' academics and noted that: "Patent damages would seem to be (potentially) quite high..."

Remember that IBM is now suing various companies and shaking them down for patent payments. Under the new CEO, or so it would seem, IBM is back to the days of suing companies like Sun (Florian Müller once called them "International Bullying Machines").

We remind readers that today's IBM is nothing like the IBM of 5 or 10 years ago. The company is still manipulating the media and lobbying for software patents, much to the detriment of just about every software company. "A large % of US companies are software companies," wrote this patent attorney the other day. "Their patent applications are being inordinately rejected at the USPTO."

I told him that software patents are being used against the vast majority of software companies (small ones), basically destroying them. This is the kind of thing that IBM and other patent maximalists are promoting. They worry that their plot is coming to an end, especially due to Alice and PTAB. The number of patent cases in the US courts has gone down sharply (as of 2016's end) and MIP puts it all in a table, explaining the numbers as follows:

A total of 4,580 district court cases were filed in 2016, down from 5,775 in 2015.

This is the lowest number of district court patent cases since 2011, when 3,899 cases were filed, according to Docket Navigator figures. That year was the last before the American Invents Act came into effect.

The average monthly number of cases in 2016 was 382, down from 481 in 2015, 418 in 2014, 508 in 2013 and 455 in 2012.

The fourth quarter of the year saw 1,170 cases filed, up from the 1,138 cases filed...


Looking at utility patents alone (not software patents), Patently-O gives an impression of growth, even charting the numbers along with faces of USPTO Directors. To quote Patently-O: "The chart below shows the number of utility patents granted each year for the past few decades. I have included images of PTO chiefs as well. Although only small view of PTO work-product, the dramatic shifts in the number of grants (all occurring while facing a large backlog of cases) helps highlight the importance of the role of PTO Director. You’ll note that more utility patents were issued in 2016 than any prior calendar year – 303,000. However, the rate-of-increase seen under Dir. Kappos is clearly gone."

David Kappos, 'formerly' IBM (still paid by them, now paid to lobby for software patents), has been a terrible Director whose lobbying at the moment puts the patent office at the bottom of ethical standards and brings it into disrepute. The graph mentioned above (with animation) serves to show just how terrible Kappos was in the quality control sense. For IBM to still be paying him, especially for something as notorious as software patents and lobbying, is a terrible idea. ⬆

Recent Techrights' Posts

When Short is Way Too Short (Superficiality, Lowering of Entropy)
Demonstrating how truly worthless social control media was all along
NVIDIA's Crisis Has Only Just began
NVIDIA Corp (NASDAQ: NVDA) is set to open in the red tomorrow
IBM Has Destroyed Red Hat and Hashicorp, Insiders Say It's the Usual From IBM:
Bluewashing is a death wave
Techrights Was Right About Slop Destroying Development Communities and Projects
Slop does not improve your project. It kills the community. Without community, what is left? A 'botfarm'?
Intercontinental Brigading - Part XXXXXI - Harassment Law and "Things Are Unfairly Asymmetric" (Exploring the Boundaries of Death Threats and Various Threats From America)
the sort of "technofascism" that our country must learn to confront rather than facilitate
 
Layoffs and Silent Layoffs (e.g. PIPs) as a "Break" From IBM
If the press doesn't report it, then it never happened, right?
Microsoft XBox at 25 and All-Time Low
XBox will be "officially" dead (not the brand) when sales fall below some threshold and then production is halted, sort of like Apple's Vision Pro
Links 15/11/2026: Microsoft Already Emitting Chaff to Distract From Its Catastrophe, Jensen Huang Deemed Just 'Fall Guy' Amid Collapse of the Pyramid Scheme
Links for the day
Gemini Links 15/11/2026: CD Players Live on and Self-Hosting from Home Fallacy
Links for the day
Techrights Hates Slop Bots
They benefit nobody
The Economy is Fine! (If Only for China!)
The future is slop! If not, then it's China's fault! It's "sabotaging" the "Western hey hi" in this "hey hi arms race!"
"IT" as "Musical Chairs" (on the Deck of The Titanic)
Each generation will get worse for "IT"
Salesforce in Trouble, Debt Nearly Quadrupled in 9 Months
Salesforce is perishing in a deep pool of debt
"Microsoft is Next IBM"
The words of a Microsoft insider and responses to that
IRC is Decentralised
Bye, Microsoft Teams/Skype
Links 15/11/2026: Murdoch's "WSJ Buries Stephen Miller's Racism" and "America Has Entered a New Age of Propaganda"
Links for the day
In the UK, GNU/Linux Usage Soared During Microsoft Downtime
since the massive outage GNU/Linux usage soared to over 10%
Google Slop About Richard Stallman Shows Stallman Was Right, LLMs are BS Generators
Google slop is the "new Google"
Spouse of Garrett Needs to Get "Several Firearms" to Feel Safe Amid Divorce (Garrett Has a "Girlfriend" Now)
Seems like Isis and my wife have a lot in common when it comes to Garrett
Vista 11 is Small
Can Microsoft survive the fall of Windows?
Six Richard Stallman and FSF Talks This Month (FSF Staff at Ohio State University)
Dr. Stallman's talks in Ecuador are well timed because of the collapse of the LLMs (slop) pyramid scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 14, 2026
IRC logs for Saturday, November 14, 2026
Gemini Links 15/11/2026: "The Bastards Can Never Win" and "The Last Low-Tech Generation"
Links for the day
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026