Bonum Certa Men Certa

Patents Roundup: Patent Failure, Rambus Ambush, and Death by Patents

It's Not Working



THE FOLLOWING new article does not necessarily focus on software patents, but on the whole, the article does address an important issue that leads to patenting by large and wealthy companies whose so-called 'innovations' are not actually theirs. A portion of the article that speaks of software specifically tackles the issue of litigation burden, mostly costs.

Quicker, cheaper solutions needed for patent law



[...]

A further possibility, which is being trialled in the US in relation to software patents, is to expose patent applications to comment from those in industry. This would enable interested players to draw prior art to the attention of the examiner, and potentially also to identify ambiguity or lack of clarity. This would presumably assist examiners greatly in dealing with complex and new technologies.

The second major protection for the system is to ensure that those who wish to challenge the validity of a patent have access to a cost-effective dispute resolution mechanism. Typically, running a hotly contested patent case in the Federal Court can cost upwards of $2 million and take over a year to get to trial. On this basis, smaller players and issues that affect smaller markets will be shut out.


A particular district (or two) in Texas continues to be a major loophole and therefore a major part of this issue.

How to Attract Patent Litigation



If you’re a federal district court, that is.

The answer? You need something not every federal district has. The Eastern and Southern Districts of Texas have them. The Northern District of California has them. The Districts of Pennsylvania (Western), Georgia (Northern) and Illinois (Northern) have them. In fact, so many U.S. District Courts have them that its getting difficult to keep up. Like so many things in life, at first its an advantage to have them, and eventually it becomes necessity.


Black Sheep



Digital Majority, by pointing to this slightly older post, shows just how a single company or a minority of a much larger group can stand in the way of a reasonable system.

Except for the few patent holders and Accenture, the tax strategy business community has been largely anti-patent – going so far as to lobby congress to introduce legislation to create a specific exception that would block enforcement of those patents.


Another company that gives a bad name to patenting is Rambus, whose ambush is almost unprecedented and is causing a lot of trouble in several industries.

Judge Ronald M. Whyte of the US District Court, Northern District of California in San Jose, who has already presided over other cases involving Rambus and Hynix, has now reached a number of decisions, which were preceded by a legally and technically interesting 42-page set of findings. According to the court findings, DDR2, DDR3, GDDR2, and GDDR4 SDRAM chips made by Hynix, Micron, Nanya and Samsung infringe claim 16 of Rambus patent 6,266,285, granted on July 24, 2001; where GDDR3 memory is concerned, only Hynix, Micron and Samsung are affected. Rambus had also filed complaints over patent infringements related to nine further US patents, but Judge Whyte denied them for the most part.


If Rambus, which is a struggling and therefore merciless company, gets its way, this will be a serious injury to the integrity of the whole system. It would raise question with regards to the aim of patents and whether or not they are beneficial.

Sick Patents



Back in March we showed that collaboration in the drug-developing industry is seen as preferable by an increasing number of companies that set aside their patents and adopt what they refer to as an "open source" approach. This marks a turning point where science benefits the most and those whose illnesses depend on science likewise.

There is a stream of new articles at the moment which are very critical of patents in the medical field, particularly those that prevent access to vital medicine. Here is the story as told by Reuters.

The Commission said it had found documents during the inquiry, which contained admissions from brand-name companies that they had tried to stop generics, and many examples of obstacles being placed in way of less-expensive competitors.


A catalyst for action here is indeed the Commission, which rarely seems to intervene in this area. It's nothing to sneeze at when patents kill.

Glyn Moody labels the situation "patently outrageous" and one of our readers, pointing to this interesting story on the BBC, said: "My take from it is what I have suspected all along. At least in the EU (and theoretically in the US), anti-trust law overrides patent protections. The EU is considering anti-trust action against the big pharmacy companies. This is good news especially since I consider that, since Microsoft does so little that is original, the big pharmacy companies have a better case than Microsoft has."

Other coverages of this include:

1. Commission accuses drug developers of blocking rivals

The inquiry has revived calls for the creation of a single European Union patent, an issue that regulators have struggled with for 30 years due to disagreements over the languages used. Kroes said that the preliminary findings of the sector inquiry supported the case for a community patent, which she argued could help avoid litigation and cut costs.


2. Sick babies denied treatment in DNA row

BABIES with a severe form of epilepsy risk having their diagnosis delayed and their treatment compromised because of a company's patent on a key gene.

It is the first evidence that private intellectual property rights over human DNA are adversely affecting medical care.


It is true that some patents may result in unnecessary deaths.

Medicals

Recent Techrights' Posts

Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
 
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock