Bonum Certa Men Certa

When Patent Litigation Reaches Billions of Dollars in 'Damages' Per Case

Monsanto - bones logo



Summary: How out-of-tune the patent system has become, based on some of the latest news

THERE is a real issue going on when producing companies like RIM face possible death due to patents on software. The pro-patents press named the issue some days ago [1, 2], but it lacked criticism.



One new article, titled "Software Patent Dispute Costs RIM $147 Million (NASDAQ: RIMM)," does decent work. To quote this article, "Research in Motion has been found liable for $147.2 million in damages for infringing patents held by Mformation Technologies. Mformation sued RIM in federal court in San Francisco in 2008, accusing it of infringement of two patents. Mformation is a maker of mobile-device management software. The software in question is called BlackBerry Enterprise Server.

"Mformation claimed that during licensing discussions, it had disclosed details of the technology to RIM. The company said in its complaint that after declining to take a license, the BlackBerry maker modified its software to include the patented systems. Jurors determined that RIM software that allows companies to manage their workers’ BlackBerry devices remotely infringed on Mformation’s patents. The verdict came after a trial that lasted three weeks."

"This is lunacy and the amount of money is staggering."The patent system is rotten to its core and it's not just about software patents; patents on life are another notable example. Monsanto, for example, is grabbing billions by polluting fields and claiming a monopoly over altered life, as explained here: "We've had plenty of stories over the years of Monsanto's incredibly aggressive stance when it comes to its "Roundup Ready" patents. The company has now been awarded $1 billion from Dupont for infringing on of these patents. Now, here's a case where we're talking about competing companies, so perhaps no big deal, right? Except there's one tidbit here that makes this interesting: Dupont never brought the product in question to market. So the "damages" to Monsanto would seem to be minimal... except in a court of law apparently."

Here are the lawyers covering this as though it's acceptable. In another case, the one of Brocade (essentially killed by the same vulture who killed Novell), a victory is declared where vast amounts of money are involved. To quote: "Brocade Communications Systems Inc. was awarded $112 million in damages in its intellectual property trial against rival A10 Networks Inc. on claims that the latter infringed on patents related to server load balancing software and equipment."

"What about the cost of unethical monopolists like Monsanto? The parasitical nature of the patent system goes beyond trolls."This is lunacy and the amount of money is staggering. When penalties verge billions of dollars (see Oracle's case against Android) real products have their liability compromised. Often this is done for the enrichment of mere parasites, such as patent trolls or dying companies which are unable to make or sell products. Take Nokia for example. We are going to deal with it in the next post.

Apple boosters are blaming trolls while ignoring Apple's behaviour and NBC [1, 2] gives exposure to Bessen et al. with the figures on the cost of patent trolls. To quote: "Patent trolling got the academic treatment from the Boston University School of Law in a recent study. The sum total cost in 2005 was only $6.7 billion."

What about the cost of unethical monopolists like Monsanto? The parasitical nature of the patent system goes beyond trolls. The system needs to be changed.

Recent Techrights' Posts

Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
 
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025