Bonum Certa Men Certa

Wisconsin Alumni Research Foundation (WARF) is Not Getting Money From Apple and VirnetX Might Not Get Any, Either

Only the lawyers are receiving money (lots of it!)

German euro coin



Summary: The notorious patent assertion 'firm' from Wisconsin and the infamous patent troll that sues in Texas might soon find out that the Court of Appeals for the Federal Circuit (CAFC) isn't tolerating their patents and their behaviour

TECHRIGHTS is far from a friend of Apple; in fact, we called for boycotts several times in the past, we criticised Apple's bogus European Patents (which EPO insiders tell us are bogus), and we regularly ridicule some of the patents that the USPTO gives to Apple. To set the record straight, Apple is a very evil company, it is a patent aggressor, and we generally encourage people to never buy anything from Apple (there's a new scandal with practical reasons to avoid Apple).

"Remember that 35 U.S.C. ۤ 101 at the U.S. Patent and Trademark Office (USPTO), for example, helps squash almost all software patents and Apple sometimes fights back against FRAND, which is inherently incompatible with Free/libre software."No matter our opinion/views on Apple, merely going after (or against) Apple does not make a company virtuous. We've repeatedly explained, for example, why we hope Apple will beat Qualcomm (there's a new article today about the case, "Apple and manufacturers: Qualcomm can't demand "billions in royalties" while ducking patent-specific claims"). There are even worse things than Apple and there are situations where Apple winning a legal case can inadvertently be helpful to GNU/Linux. Remember that 35 U.S.C. ۤ 101 at the U.S. Patent and Trademark Office (USPTO), for example, helps squash almost all software patents and Apple sometimes fights back against FRAND, which is inherently incompatible with Free/libre software.

As expected, the Federal Circuit (CAFC) throws aside decisions on patent cases from notorious courts in Texas and elsewhere (a software patent case of a patent troll called VirnetX is in Texas, another one from the Wisconsin Alumni Research Foundation (WARF) comes from elsewhere). As patent maximalists reported a few days ago, "Federal Circuit sets aside $234 jury verdict against Apple" and will decide on its own:

WARF’s 2015 patent damages win, bumped up to $506m by a judge last year, has been vacated by the Federal Circuit because “no reasonable juror could have found infringement based on the evidence presented during the liability phase of trial”


We expect to see this also in Texas, as Apple is expected to appeal (or to have already appealed) the VirnetX verdict.

"Patent maximalists keep cheering for parasites like VirnetX, merely reaffirming the view that they aren't proponents of technology but only proponents of litigation."Watchtroll came up with a bizarre headline four days ago: "Apple to pay VirnetX $93.4 million in costs and interest for patent infringement" (no, this is what VirnetX wants, but it doesn't mean that it will get it).

Well, there will almost certainly be an appeal to CAFC and maybe even higher up (the Supreme Court (SCOTUS) might get involved one day), but facts don't suit Watchtroll (Steve Brachmann in this case).

Patent maximalists keep cheering for parasites like VirnetX, merely reaffirming the view that they aren't proponents of technology but only proponents of litigation.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock