Bonum Certa Men Certa

Patents Roundup: Apple Versus Android/Linux, Leigh Rothschild Versus Everyone, Patent Lawyers Versus Patent Reform and Progressivism

Leigh Rothschild Photo source: Intellectual Ventures



Summary: News collated which pertains to software patents, especially those which affect Free/libre software

TODAY'S series of links is divided based on themes, starting with what we deem most important.

Apple's Attacks on Free Software



Joe Mullin is flabbergasted by Apple's vicious assault on the Linux-powered platform that reduced the 'i' empire to rubble, with at most 18% market share (depending on the source and the geography).

"All that Apple does is dissemination of DRM, maximisation of (weaponised) patents, and exploitation of public ignorance/apathy to 'sell' (actually rent) proprietary software on overzealously locked-down hardware."Android rose to unbeatable levels of dominance despite Apple's assault (remember that Apple started it 5 years ago) and in one legal case alone there are now "3,200 documents [...] not including exhibits." Imagine the cost of legal defence here. Apple and Samsung are still fighting in court and "Koh's recent orders suggest she is fed up with the intense litigation by both parties," Mullin notes. "The case docket for the first of two Apple v. Samsung lawsuits now has more than 3,200 documents in it, not including exhibits. Last week, Koh issued an order prohibiting the parties from making any further additions without permission."

This is, at the very least, deterrence. More importantly, it's Apple greed (it wants billions of dollars from Samsung). Apple is just hoping that companies with pockets less deep than Samsung's will simply give up and pay Apple for profits made through distribution of Android (Free software). This is clearly an attack on Free software, so anyone still insisting that Apple likes "Open Source" is about as delusional as people who deem 'i' products superior and worthy of the high price tags.

Several years ago we openly and unambiguously called for a boycott of everything "Apple". The company is malicious and it is dangerous to the future of Free software. All that Apple does is dissemination of DRM, maximisation of (weaponised) patents, and exploitation of public ignorance/apathy to 'sell' (actually rent) proprietary software on overzealously locked-down hardware.

Rothschild Connected Devices 'Innovations'



Joe Mullin, covering and citing the original rant from the EFF, expands on Rothschild Connected Devices Innovations, which is essentially a patent troll. He provides some details on what Leigh Rothschild, whom the world's biggest patent troll (Intellectual Ventures, Microsoft-connected) glamourises, has been up to:

Patent-holding company Rothschild Connected Devices Innovations (RCDI) owns US Patent No. 8,788,090, which was granted in 2014 and describes a system where a "remote server" "transmits" a "product preference" via a "communication module." Using those broad claims, RCDI has sued more than 20 companies for making things that connect to the Internet. The company sued ADT (PDF) over its Pulse product that allows for things like adjusting a thermostat.

The patent relates to an application filed back in 2006 that essentially describes an Internet drink mixer. A consumer can customize products by connecting to a server on "the global computer network, e.g., the Internet," which can then "provide product preferences of a user to a product or a mixing device, e.g., a product or beverage dispenser."


This is an example not just of patent trolling but also software patents, which are the weapon favoured among patent trolls. If the latter can be eliminated, much of the former too will vanish (go bankrupt). This is why we emphasise the need to combat software patents (scope), not just "trolls", however one defines them (definitions tend to vary somewhat as some very large companies act indistinguishably from classic patent trolls or patent sharks).

Changes Afoot



There are more new signs of the US patent system tightening. Yesterday for example Foley & Lardner LLP published an analysis of another criterion (not "abstract") by which patents can be squashed in US courts, even the notorious Court of Appeals for the Federal Circuit (CAFC). To quote the analysis: "As noted in the Federal Circuit decision, Dow Chemical Company asserted selected claims of U.S. Patent No. 5,847,053 and U.S. Patent No. 6,111,023 against NOVA Chemicals Corporation (Canada) and NOVA Chemicals Inc. (Delaware). A jury found the asserted claims to be infringed and not invalid, and the Federal Circuit affirmed, holding, among other things, “that the asserted claims were not indefinite.” The district court then conducted a bench trial for a supplemental damages period through the expiration date of both patents, granted $30M in supplemental damages in the form of lost profits and reasonable royalties, and denied Dow’s request for enhanced damages. NOVA appealed, and Dow cross-appealed."

Earlier this year we wrote about the Nautilus case. This too is relevant here. "Applying the Nautilus standard," says Foley & Lardner LLP, "the Federal Circuit held that existence of multiple methods that could lead to different results and the absence of guidance in the patent or prosecution history as to which method should be used rendered the claims indefinite because they “fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.” The court therefore reversed the $30M supplemental damages award."

This ought to discourage litigation, filing of new patent applications that are similar in nature to the above, and generally feed back (like in a loop) into the US patent system so as to modify examination guidelines, in very much the same way that Alice has done since last year. See this new article titled "After Alice: A Feedback Loop of Software Patent Invalidity". The article comes from the pro-patents media (whose audience is patent lawyers) and it's summarised as follows: "Ever since a major patent decision handed down by the U.S. Supreme Court last year, patents have seemed to be invalidated right and left. But is that a result of the decision itself, or because of the feedback loop caused by the process by which patents are challenged?"

They are trying to dismiss the legitimacy of the decisions by casting them as an "echo chamber" of sorts. Well, that's what one might expect from the patent profiteers, even thought some patent lawyers' blogs already acknowledge that software patents may be on their death throes.

IP Kat, a blog run by patent lawyers (and other monopolies like copyrights, trademarks, etc.), is still openly concerned about voices of reason, or published opinions from people who don't profit from this corrupt system of protectionism by patent monopolies. Watch this latest dismissal of The Economist's pair of articles.

"No," insist sthe patents proponent, "what these articles are ultimately intended for is to try and set the narrative by which the patent system is discussed. To this end, economics is merely a hand-maiden. In so doing, The Economist joins a long tradition. We have seen the struggle to control the patent narrative played out several times in the recent past."

OK, so the lawyers are upset at an opposing (not dissenting) view and insist that The Economist is basically trolling (in the Internet troll sense of the word). "No," continue this particular lawyer (second in this blog this week to write about The Economist's articles from one month ago), "this Kat is not an IP Luddite. The patent system and the laws underlying it can certainly be improved. But this is not what the two pieces in The Economist are about."

It was perfectly clear what The Economist meant to say. Rather than tip-toeing and making decorative, minor changes to a broken system (like all of these proposed 'reforms' we keep hearing about) the writers/editors at The Economist wish to just scrap the entire lot, potentially starting from scratch (if at all). Seeing the patent lawyers squirm over this very idea is hardly surprising. Their want their share. They want to tax everything, even if nobody needs them at all.

"We cannot hope to own it all, so instead we should try to create the largest possible market and insert ourselves as a small tax on that market."

--Nathan Myhrvold, Microsoft at the time (now a patent troll)

Recent Techrights' Posts

Goodbye, Dolly
This week we say "goodbye, Dolly."
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
 
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026