Bonum Certa Men Certa

Shortly After Massive Layoffs 'King of Patents' IBM is Using Software Patents to Sue Much Smaller Companies

Not your father's IBM

Ginni Rometty
Photo source (modified slightly): The 10 Most Powerful Women in Technology Today



Summary: IBM is becoming predatory as the business is sinking and all it has got left is a big pile of patents, including a lot of software patents that it now weaponises

WHEN the corporate media covers the problem with patents and suggests a reform it often alludes to "patent trolls" but not to large companies that are equally bad if not worse. They are in many ways the culprits, as it's them and their people -- like David Kappos in IBM's case -- who push hard for software patents (that patent trolls too are using).



The other day the EFF's Nazer showed how software patents in the US do so much damage for benefit of very few people, who are parasites. Nazer did not mention software patents explicitly and as usual he focused on "trolls". As an article about it has just put it: ""Personalized content" is a phrase so vague that it could mean just about anything. That quality makes it just about perfect for use by a patent troll. This month, the Electronic Frontier Foundation's patent lawyers have honed in on a patent describing a way of "presenting personalized content relating to offered products and services," owned by Phoenix Licensing LLC, a patent-holding company controlled by Richard Libman, an Arizona man who's sued more that 100 companies." [...] Wordy language notwithstanding, the patents look like the type of "do it on a computer" claims that should get tossed out as "almost surely invalid" under the Alice v. CLS Bank Supreme Court precedent, EFF lawyer Daniel Nazer explains in his blog post. "Unsurprisingly, given that its patents are so vulnerable to challenge under the Alice standard, it has filed all of these lawsuits in the Eastern District of Texas." That plaintiff-friendly court is less likely to invalidate patents under Alice."

"The company is a patent aggressor and we cannot help but wonder how the Linux Foundation feels about IBM not only lobbying for software patents but also suing companies using these."Since it's about Alice, one immediately knows it involves abstract software patents. But it's too expensive to deal with in a court of law. Even software patents which one knows for sure are not truly valid can be used as a weapon but not only by patent trolls but also by a patent monster like IBM, which always takes the lions's share of patents at the USPTO. Well, IBM has just announced major layoffs; but worse -- it's becoming a patent aggressor more so than in the recent past. "IBM can sue any webshop with those 4 broad patents from the late nineties," Benjamin Henrion wrote this morning. "IBM is suing Groupon with 4 software patents," he added, "probably trivial ones," pointing to two articles [1, 2]. IBM is not responding to a company that's suing it first. To quote the first report: "IBM has sued online deals marketplace Groupon for infringing four of its patents, including two that emerged from Prodigy, the online service launched by IBM and partners ahead of the World Wide Web."

The latter article says: "IBM is suing Groupon over alleged patent infringement, court documents revealed Wednesday. It's the latest in a series of lawsuits the computing pioneer has filed against tech companies that it says rely on groundwork it laid.

"IBM filed a lawsuit in Delaware district court alleging that the Chicago-based online marketplace ignored repeated alerts stemming to 2011 that it was unfairly using IBM inventions."

"It's often said that patents are only trophies for vanity until a company is collapsing, whereupon it chooses to sue rivals or sell patents to aggressive entities, including trolls."Remember that IBM is pushing India to grant patents on software. It's the same thing it did in Europe and in New Zealand, so shame on IBM. It not only amasses software patents (while using OIN to pretend that it's all fine and dandy) but also uses them for litigation, not just against large companies (like Sun) and not just using hardware patents. The face IBM does not want you to see is IBM without the "open" makeup (openwashing of everything including proprietary, grossly overpriced mainframes). The company is a patent aggressor and we cannot help but wonder how the Linux Foundation feels about IBM not only lobbying for software patents but also suing companies using these.

It's often said that patents are only trophies for vanity until a company is collapsing, whereupon it chooses to sue rivals or sell patents to aggressive entities, including trolls. IBM proves that right.

Recent Techrights' Posts

Why Chatbots Based on LLMs Cannot Be Improved Even If More Energy (Money) Gets Wasted on Them
nobody can do it well
The Generations of CS Are Coming to 'End of Life'
Nowadays everything that is a computer is somehow called "hey hi"
Links 05/05/2026: "Republicans Made Children More Expensive" and "Internet Blackouts" Cripple Economies
Links for the day
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 05, 2026
IRC logs for Tuesday, May 05, 2026
Ubuntu is Run by "N00bs" (and It Shows)
GNU/Linux users are not a small niche anymore
Gemini Links 05/05/2026: Bad Health, Pomera DM250 On Linux, and Children Using DO
Links for the day
Reading Closely What Microsoft Put in the Report, Expect Many More Layoffs Later This Year
The only thing that they grow rapidly is their debt
IBM is Collapsing, the People Responsible for the Collapse Aren't the Victims
IBM management has plenty of things to distract from right now
Media: Let's Repeat the Lie About Mass Layoffs Being a Win for a Buzzword
This says so much about the state of today's media
Links 05/05/2026: Live Nation Problems, Growing Tensions in the Gulf Again (Energy Crisis)
Links for the day
Gartner Pays The Register MS and the Effect is Visible (IBM Promotion; IBM Also a Sponsor, of Both!)
Follow the money
The Register MS Published Fake Article That Mentioned "AI" Almost a Dozen Times. It Got Paid to Do This.
If you keep seeing the term "AI" quite a lot in the media, be sure to check who pays for it
Links 05/05/2026: Germany, Depression, and Control of Online Discourse in Geminispace
Links for the day
Microsoft Lunduke Has a Serious Problem: He's Fronting for Sites That Insist on Exposing Children to Pornography
He's even contradicting himself a lot
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day