Bonum Certa Men Certa

VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents

Horse apple



Summary: What the media really ought to be talking about after the high-profile VirnetX case, rather than obsess about the status of Apple or patent trolls in the Eastern District of Texas

EARLIER this week Apple made headlines because VirnetX had 'lectured' Apple on patents. Apple got hit by a troll and it will have to pay a lot of money unless a miracle happens. Apple will not blame software patents (which are inherently the issue almost everywhere) but just “trolls” (the small ones). Joe Mullin, a trolls expert, called VirnetX a "Patent-based company". When a troll's value depends just on patents (or a patent) the share price can double because of a court's ruling. The jury bumped the stock by 88% (the members of this jury may as well have just invested in this troll before the ruling), so there we have an example of non-practicing entities doing little more than just litigation.



A patent lawyers' site said that a "jury in the Eastern District of Texas has awarded VirnetX $626m after finding Apple had infringed four patents. The PTAB instituted inter partes reviews on the patents last October, however, the results of which could affect the district court case" (that's from MIP).

Notice the role of the Eastern District of Texas again. It's not a coincidence. Trolls love the Eastern District of Texas. There's no lack of coverage of this ruling. Within a few hours we saw more than 100 headlines (too much for exhaustive listing here), some of them included [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28] for the record. "Apple now owes VirnetX more than what Samsung owes it"; that's one way to put it.

Samsung is the leading Android (Linux) OEM, so this is very relevant to us. Even EPO-funded sites mentioned this and then took note of a lesser known patent lawsuit against Apple in China. The author wrote: "Court records from the Chinese manufacturing hub of Shenzhen show that BYD has dropped two patent infringement lawsuits that it filed against client Apple back in May 2015. But since the two cases were closed in late December, the legal back-and-forth has continued in a California federal court, as Apple argues that its supplier breached an IP non-assert clause in their contract and should be compelled to participate in arbitration."

"This clearly serves to discredit the way this patent system works."According to software patents fans, some of the patents Apple uses against Samsung are now being challenged at PTAB, and Florian Müller, who spent years promoting/bolstering Apple's side before defecting, has just published the decision's PDF and said: "Apple has just responded to Samsung's mid-December petition for writ of certiorari (request for Supreme Court review) regarding two legal questions concerning design patents and, in the same document, to amicus curiae ("friend of the court") briefs from major industry players, many IP law professors and various public interest advocates, all of whom agree with Samsung that the top U.S. court should take a look at this matter."

One can find the PDF of the troll's case here in Patently-O, which also debated other interesting patent-related matters this week.

"In this case," wrote Patently-O in one of the above, "the district court found that Lotan had assigned his rights to AngioScore and that his later purported assignment to TriReme actually transferred no rights. These two conclusions led to the final dismissal with a holding that TriReme had no standing to bring its claim."

This clearly serves to discredit the way this patent system works. The latter analysis, also about the district court, involves Google and says:

In Cioffi v. Google, the Federal Circuit sided with the patentee, Cioffi — holding that the district court erred in its construction of the asserted patent claims and thus vacated the holdings non-infringement and invalidity via indefiniteness. (Non-precedential opinion). Now, Google has petitioned the court for an en banc rehearing asking the court to “strictly construe” claim amendments against the patentee.


This again is about software patents. In fact, pretty much all the above is about software patents, which is what we ought to focus on if these severe issues are ever to be resolved. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
 
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026
Another Form of Microsoft Silent Layoffs: Workers That 'Expire'
When the media becomes a lapdog, not a watchdog, false narratives gain traction
Carte Blanche for GPL Violations 4 Days Ago (by Torvalds)
Slop disclosure is no longer required for the Linux Kernel
There Are No Women That Are Kernel Developers Sent by Corporations Which Claim to Champion Diversity
As noted the other day
Sites with "Linux" in Their Name Cannot Slop and Retain Readers
if they write about "linux "(or "Linux") using LLMs they will be caught, then shunned
At Microsoft, the Silent Layoffs Impact Executives Also
Microsoft hid the real story of Helen Chiang
Linus Torvalds Defected to Enshittification
Linus Torvalds is betraying a generation of high(er) standards
Links 25/10/2026: TMZ Revisits Epstein's Connections to Bill Epsteingate, "Italy Hit by New Cost of Living Protests"
Links for the day
Microsoft’s Spin About Mass Layoffs and Shutdowns: They "Never Should Have Existed"
Microsoft-sponsored spin
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026