Bonum Certa Men Certa

Patent Trolls in the Post-Alice World

Summary: A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well

Lawyers and other patent-centric parasites based in the unofficial home of patent trolls, the state of Texas, are very much upset with Alice -- a case which essentially invalidates many of the patents they use for extortion. We covered this before and explained the reasons for it. Their livelihood is in jeopardy because they can't quite prey on life savings of individuals and modest (at best) bank accounts of various startups around the US. "East Texas Federal Judge Sets Rules for Post-'Alice' World," says one article. We recently showed how patent practitioners in Texas were lobbying hard to keep the patent trolls going (antagonising patent reform), with their blackmail (as a 'business') flourishing. Using Lex Machina's figures, Matt Levy very recently shared some statistics about Texas, and the Eastern District of Texas in particular. To quote: "The Eastern District of Texas had over 1,400 patent cases filed last year, and over 1,000 patent cases have been filed there in the first half of 2015. (Source: Lex Machina) Just last month (May), out of the 418 lawsuits filed, 295 were filed in Marshall, Texas, a town with a population of just under 24,000. For comparison, there were only 199 patent lawsuits filed in total in May 2014."



"Apple sued the biggest Android distributor (Samsung) and Google’s/Android’s favourite child (Motorola), but then again so did Microsoft."BlackBerry, which is rumoured to be exploring Android as the only route forward (not just one among several routes) was looking like an anti-Android troll in the making until not so long ago, but according to this analysis of "BlackBerry's Licensing Revenue" (meaning patents): "There was little to no IP licensing done in the recent past."

Perhaps BlackBerry is no longer a threat like Nokia, which Microsoft definitely turned into an anti-Android patent troll (of the bigger kind).

Speaking of trolls, Joe Mullin, a trolls expert, says that a "[p]atent troll wins $30M verdict against Sprint, has more trials on the way". This story, for a change, didn't develop in Texas. To quote Mullin, "Nebraska jury has ordered Sprint to pay $30 million to Prism Technologies, a patent-holding company that has sued the five largest cell phone carriers.

"Tuesday's verdict (PDF) comes at a time when Congress is debating, for the second time in recent years, a bill to rein in companies like Prism, often referred to as "patent trolls."

"Prism Technologies was founded as a successor to Prism Resources, an operating company that existed from 1991 to 2001 according to an online biography of co-founder Richard Gregg, who testified at trial. The company is now focused solely on licensing and litigation, and it has continued to get more patents."

A week ago, citing this article from Ina Fried, BoingBoing asked, "Is patent trolling going out of style?"

That is indeed the case based on the booster of Microsoft and longtime promoter of Microsoft's attacks (with patents) on GNU/Linux (Ina Fried did a lot of this while still at CNET/CBS). Fried writes: "For a while it seemed the mobile industry was deteriorating into a battle over who had the best patents — and the best patent lawyers.

"Apple was suing Samsung, Motorola was suing Microsoft and Google was in everyone’s cross hairs. And there were a lot more cases that weren’t making headlines."

Apple sued the biggest Android distributor (Samsung) and Google's/Android's favourite child (Motorola), but then again so did Microsoft. The latter aggressor sued both companies and recently pressured the former to become a vassal of Microsoft in exchange for settlement. Microsoft has essentially itself become more like a patent troll, but since it refuses to let its own platform go (despite massive losses), it does not yet qualify, not as per the textbook definition of "patent troll".

"Unified Patents," said this one report from the other day, "works to deter nonpracticing entities from asserting weak patents" (whatever "weak" means).

When will Microsoft be recognised for what it really has become? When will European authorities react in lieu with their promise and stop Nokia from essentially becoming a European patent troll? Will BlackBerry ever sell its patents or itself become a patent troll? And in light of Apple's latest (over)hyped patent [1, 2, 3, 4, 5], will more people care to realise that Apple is not an innovator but an aggressor (using patents for lawsuits and imtmidation, not highlight any significant breakthroughs)? Also mind Amazon's latest Orwellian patent, which hardly comes across as anything that a 5-year-old wouldn't have managed to 'invent'. ⬆

Recent Techrights' Posts

Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
 
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026