Bonum Certa Men Certa

Systemic Corruption, Secrecy, and Discrimination in Patent Systems

Patents as sector-centric monopoly instrument

Monopoly



Summary: Patent stories of interest show systemic flaws that harm everyone for the benefit of few

ABOUT a decade ago I became cynical about the patent system that I was previously apathetic towards as I had never learned its true nature, except from corporate media which likes to glorify patents, making them synonymous with innovation, progress, genius, and national pride. Today it is easier to find the media expressing dissatisfaction with patents -- more so than when this Web site was first popular (2007) or when it was launched (2006). We need to amplify opposition to the status quo if we are ever to achieve progress.



This post has a collection of last week's articles, all critical of the framework of litigation which enforces patents and reduces competition. The patent systems around the world are connected but separable. Their power is derived from multinational corporations. Apple and Microsoft, for instance, use patent stacking to suppress a rival, Linux/Android. The Philips-backed Intermedia is meanwhile suing Apple (Philips competes with Apple in media devices), which itself is suing Android and wants secrecy. This secrecy is being fought against:

Abraham Lincoln advised lawyers that the best thing they could do for a client was to keep him out of litigation. Steve Jobs should have listened to that excellent advice, from one genius to another, so to speak. But he didn't, and he decided to start thermonuclear war to try to destroy Android, using litigation as the weapon of choice.

After Steve Jobs died, I read an article that quoted his widow as saying something to the effect that just because someone is a genius in one area, it didn't mean he was a genius in all areas. I found that a charmingly honest statement that all wives for sure would understand, with all its overtones and undertones reverberating in the air. One thing that watching Jobs' plan to destroy Android play out in courtrooms has made obvious: he was not a genius at the law. Unquestionably, the Apple brand has been damaged by the litigation against Samsung.

And it may be about to get worse. Here's what is threatening to happen next: The parties were in agreement that the district court was unsealing too many company secrets and both are appealing to the Federal Circuit to keep things sealed. They agreed that they don't want to stand naked before the world, with all their trade secrets exposed. Unfortunately for them, they happened to draw two judges who believe litigants have to endure more of a spotlight than they might enjoy if they choose to litigate, because the public has rights too. Who knew that would happen? Clearly not Apple, a company that is known for its secretiveness. And the appeals court has just ruled that an eager band of journalists will be allowed to argue against sealing of the parties' relevant documents at the upcoming oral argument on the point on March 26.


Here is a news report about it:

A coalition of media advocacy groups and news organizations will be allowed to argue at an upcoming federal appeals court hearing over document secrecy in Apple Inc's high-stakes patent litigation against Samsung Electronics Co Ltd.


Samsung is no angel either. It pays Microsoft for Linux and it is said to be going after a company which, while using Android in its devices, also sues Android players using patents. To quote some patent lawyers, "Samsung not only accuses Ericsson of breaching its FRAND obligations (an accusation it has previously made), but also asserts additional patents against Ericsson — including patents already being asserted in the ITC."

The ITC does nothing for customers. For the most part it has been used by Microsoft and Apple to block competition. Europe is becoming increasingly worried about Apple's behaviour:

Apple put under Europe's microscope after iPhone antitrust complaints



There's no formal investigation yet, but Europe's competition watchdog is looking at Apple's iPhone deals with the continent's mobile carriers.


CAFC, another legal instrument with pro-patents bias, is rapidly losing respect:

Federal judges “get no respect” in patent appeals—but that may change



No court has more power over patent laws than the US Court of Appeals for the Federal Circuit, which handles all patent appeals. In an order released Friday, that court stated its intention to revisit one of the most controversial legal principles in patent law: the "de novo" review of all claim construction decisions.


As Adrienne Kendrick notes another examples of patents costing a fortune Steve Forbes slams the USPTO et al. by writing the following about the Microsoft- and Apple-backed MPEG-LA in particular:

America's patent system is all wrong for today’s high-tech world



It’s no secret that the Obama administration is looking for excuses to regulate and intervene in the free market, whether it is telecommunications, energy, homeland security or everything else.

And unfortunately, there are “bad actors” in the technology community that are inviting increased scrutiny of their business practices and abuses. Patent pooling – or agreements between two or more companies to collectively license patents for specific technologies – is a fairly common practice among device companies.

These for-profit pools are formed only following a business review by the Department of Justice, which agrees not to initiate antitrust enforcement against them if they operate fairly and adhere to a set of mutually agreed upon terms for operation. When structured and operated in accordance to the guidelines under which pools were formed, these organizations reduce the amount of intellectual property investment by the companies who use them, benefiting consumers with lower prices and helping to spur innovation.

[...]

These are companies you’ve never heard of – companies like MPEG LA and Mobile Media – which license technologies to innovators in the form of patent pools. Technologies like the MPEG 2 video format – which is likely used in the very device you have in your back pocket – should be offered at a fair and reasonable fee.

Yet, these unscrupulous patent pools lock in licensors for extraordinarily long terms at rates which don’t reflect their near-valueless expired patents. MPEG LA has absolute power over the MPEG 2 technology, and innovators are forced to accept MPEG LA’s license fees and terms regardless of actual patent value.

Think of it this way: The Motorola RAZR has evolved from a simple flip phone to a dynamic touch screen smart phone in the last decade. While the technologies that made this evolution possible certainly build off each other, consumers would no longer pay the same price for a Motorola RAZR V3 today as they would have when it was first released. But this is what MPEG LA is asking of companies – to pay full price for patents that are expiring, rather than reflecting the current marketplace.

These license fees erect barriers to entry for small and medium sized tech startup companies, and these companies cannot afford to sink millions in IP like many larger corporations. This is especially harmful to those small business startups that are most reliant on gaining access to patent pool technologies, the very startups that create jobs and fuel innovation here in America. MPEG LA’s manipulative price structures are not only standing in the way of consumers being afforded access to these new innovations, they are also driving up prices on devices that are currently available.

[...]

If companies like MPEG LA and Mobile Media do not amend these unscrupulous business practices, the Department of Justice will have no choice but to intervene, inevitably slowing down innovation and creating even more barriers for a fast-moving marketplace.


We are encouraged to see more mainstream publications, even right-wing propaganda sites like Fox, publicly criticising patent systems and pools.

Recent Techrights' Posts

Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
 
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026