Bonum Certa Men Certa

New Actions Against Software Patents

Jumping people



Summary: New initiatives whose ultimate goal is to highlight the flaws in the USPTO

EFF vigilantes pick some stories about why the USPTO is dysfunctional. "At the risk of repeating ourselves," says the EFF, "the current patent system is broken. There's considerable evidence to support this claim, too—whether it's innovation-destroying patent trolls or certified "chaos" in legal battles among tech giants. More than 10,000 people have signed onto our Defend Innovation campaign, helpfully providing their thoughts on what works and what doesn't with the patent system, and what kinds of changes would really make things better."



Pamela Jones calls for survey participation and says: "Last Month, I mentioned a survey on patent demands that law professor Colleen Chien of Santa Clara University is asking folks to fill out, asking for experiences with patent trolls um... nonpracticing entities. The specific interest is the impact on small businesses and entrepreneurs. How big is this problem? How many are being affected and how?

"The results will be used for academic purposes, including to form the basis of policy recommendations. If you or your company got a letter demanding you license a patent or received a threat of a lawsuit, how was it handled? Did it affect the company's plans, for example, as to where money would be spent? Even if it hasn't happened to you yet, is it something you worry about, or feel you must consider in your plans?"

Based on a report that says "Google Launches 'Prior Art Finder' For Patents" we know that Google still helps the EPO and USPTO rather than fight their premises. By contrast, he US "Popular Mechanics" calls for patent reform in this new article which states: "Shortly after he tossed out Apple's software patent suit against Google-owned Motorola Mobility in June, U.S. Circuit Court Judge Richard Posner made a bold remark to the press. Having presided over yet another battle in the patent wars, Posner questioned the need for patents in software, arguing that beating the competition to the shelves with a new technology is enough incentive to innovate. In fact, he told Reuters, "It's not clear that we really need patents in most industries."

"Then, not one month later, two congressmen suggested a plan to hamstring patent trolls—nonpracticing entities, or NPEs, that compile patents and sue companies for allegedly violating them. The Saving High-tech Innovators from Egregious Legal Disputes (SHIELD) Act would require software patent trolls to pay their defendants' legal fees.

"The one good thing about Apple's litigation is that it helps resentment against software patents.""Would either high-profile plan actually stop or ease the software patent wars?"

The one good thing about Apple's litigation is that it helps resentment against software patents. We'll write about that sort of litigation separately.

Apple is increasingly looking like a patent troll and those who really are get more ammunition (VirnetX) having gotten money from Microsoft. According to this report, "[i]n June when it announced its intention to sell, Kodak said that it had made $3bn from the 1,100 patents in the last decade and was using some of them in litigation against allegedly infringing firms like Apple, RIM and HTC.

"It's thought that the Apple and Google bids are around $250m."

Yes, Kodak is seemingly becoming an arsenal for Apple, Microsoft, and the world's biggest patent troll whom they both fund. Google must be bidding to defend itself from litigation which is potentially coming from that cartel. Professor Mark Webbink has this update from one of the satellites of this patent troll. To quote: "As we mentioned in the article two weeks ago (Lodsys - Another DJ Action), the time for Lodsys to file further actions, according to Oracle, has now passed. So what has been filed should be it. We also mentioned that we were principally going to keep our eyes on two aspects of the cases: Oracle's declaratory judgment action against Lodsys in Wisconsin (because of the substantial prior art that Oracle has raised in seeking invalidation of the Lodsys patents) and the Apple intervention in the Texas case, Lodsys v. Combay.

"In the Oracle action Lodsys has filed motions to dismiss or, in the alternative, transfer the action to the Eastern District of Texas. We are awaiting Oracle's response, but it isn't hard to guess what that will be. Oracle moved first and filed in the district where, arguably, Lodsys is actually located, not in the district where Lodsys maintains an empty storefront office (Eastern District of Texas)."

This is actually an example of positive action from Oracle. While it helps fight a patent troll, however, it does not eliminate the problem as a whole -- a problem of which Oracle is part.

“Did you know that there are more than 34,750 registered lobbyists in Washington, D.C., for just 435 representatives and 100 senators? That's 64 lobbyists for each congressperson.”

--CIO.com



Recent Techrights' Posts

Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026