Bonum Certa Men Certa

Laughable Patents That Are Used for Frivolous Litigation Are Sometimes Sponsored by Taxpayers

The patent bubble harms everyone but litigation firms

Dark bubble



Summary: There are profound issues with the status quo which permits baseless lawsuits to be filed aplenty, sometimes based upon patents that ought not exist in the first place

THE truly ridiculous claims that the CCIA responded to earlier today serve to show that the U.S. Patent and Trademark Office is a source of blackmail and embargo. It's not hard to see who benefits the most from that. The underlying patents need not even be valid ones (except on the surface).



Here is the latest "Stupid Patent of the Month". The EFF's Elliot Harmon comments on laughable US patents (or software patents) granted by the USPTO, only to be reassessed under 35 U.S.C. €§ 101 if one can afford the challenge. To quote "Someone Is Suing Companies for Using SMS Messages in 2019": (published earlier this week)

This month’s Stupid Patent of the Month deals with SMS (short messaging service), a technology that goes back to the mid-1980s. Modern-day SMS messages, typically bundled with mobile phone services, have been around since 1992, but one company believes that you should have to pay a licensing fee simply to incorporate them into your app or service.

That company is Anuwave, which recently sued cryptocurrency exchange Coinbase (PDF) for infringement of US Patent 8,295,862. That’s only the most recent suit: Anuwave has sued dozens of companies since 2015 for alleged infringement of the patent—Symantec, Avast, and Bitdefender, just to name a few that have faced lawsuits.

Anuwave’s patent is on a software application using SMS to check for information—for example, for use on a device that can send and receive SMS messages, but doesn’t have an Internet connection. Anuwave alleges that Coinbase infringed the patent by letting users perform tasks like checking their balance via SMS.


"Yet another software patent," Benjamin Henrion added, was on "an on-screen display that showed which cellular network each call in the call log was associated with," as per this post about prior art invalidation (not the same as 35 U.S.C. €§ 101, likely a possibility as well):

In 2016, a major Chinese smartphone manufacturer came to us with a problem. The company was being sued by a competitor, also based in China, for patent infringement, and they would soon have to appear in court to defend themselves. The penalties for patent infringement can potentially be very painful—fines reaching into the millions of dollars, followed by costly licensing fees or, even worse, an injunction prohibiting further use of the patented technology.


We keep coming across these truly laughable patents. Why are these even being granted in the first place? And who to? As it turns out, based on this report, "[f]ive major retailers, including Amazon.com Inc and Walmart Inc, were sued on Tuesday by the University of California over what it called the “existential threat” when foreign manufacturers infringe schools’ patents. [...] It has also asked the U.S. International Trade Commission to open a probe into the retailers’ conduct, saying the retailers have failed to require their suppliers to honor the university’s patents. None of the retailers immediately responded to requests for comment. Filament LED light bulbs are sometimes called “Edison” or “vintage” bulbs because they resemble light bulbs created by Thomas Edison that have glowing filaments visible inside. They became widely available only in the last five years in the United States, where sales in 2019 are expected to top $1 billion, according to court papers."

"Universities have turned into Patent Trolls," Benjamin Henrion wrote about patent trolls that leverage these patents on publicly-funded research. First comment, he notes, pointing to this discussion: "But I agree: You get public funding, your research is public domain..."

We said that many times in the past. Taxpayers are funding work which is in turn being turned into patents, passed to patent trolls who then attack those very same taxpayers. It's like a major scam, a swindle.

Recent Techrights' Posts

Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026