Bonum Certa Men Certa

Patents Roundup: More on Patent Shakedowns, IBM Rejoins the Shakedowns Club With Software Patents, China Worries About Patent Certainty (Too Low a Standard)

"The digital version of a protection racket."

"Steve Jobs threatened to sue me, too. [and also] Bill Gates and Steve Ballmer. They’d flown in over a weekend to meet with Scott McNealy. [...] Bill skipped the small talk, and went straight to the point, “Microsoft owns the office productivity market, and our patents read all over OpenOffice.” [...] Bill was delivering a slightly more sophisticated variant of the threat Steve had made, but he had a different solution in mind. “We’re happy to get you under license.” That was code for “We’ll go away if you pay us a royalty for every download” – the digital version of a protection racket."

--Jonathan I. Schwartz, Sun



Summary: Patent news from the United States and new input from China, where there is growing concern about the scope of patents and certainty that granted patents are in fact valid and enforceable (except using shakedowns for 'protection money' or secret settlements)

Patent Litigation Costs and Exploitation Thereof



A lot of firms in the US, primarily but not only patent trolls, take advantage of the high cost of patent lawsuits and basically try to settle with victims (prospective defendants). This is a form of 'protection money' strategy, akin to racketeering or extortion. Even the copyright field/domain now tends to have such parasites, often referred to as "copyright trolls" (a relatively new term, coined only a few years ago). Watch this new article (or blog post) which states: "Most patent holders would agree that licensing patents for revenue has gone from bad to awful — from difficult less than a decade ago, to virtually impossible today."



"This is a form of 'protection money' strategy, akin to racketeering or extortion."This article actually bemoans this, as if more 'protection money' is a good thing. What this article's referrer calls "patent industry" is actually a shakedown industry. "Obstacles to innovation" is just gobbledygook intended to make it sound as though innovation and patents are synonymous and interchangeable. Watch this tweet that says "Rather gloomy article on the state of the patent industry and obstacles to innovation" (nothing to do with innovation).

Remarking on this article, Julian wrote: "What an awful article. It refuses to admit that trolls are a problem, sees no flaw in the idea that litigation should be easy. It also believes patents should be "in the middle." No. Patents exist for public good. There is no "middle.""

IBM Now Acting Like a Patent Troll (Microsoft's Anti-Linux Strategy)



IBM now does to the Internet what Microsoft has been doing to Linux.

"IBM now does to the Internet what Microsoft has been doing to Linux."As noted here yesterday, IBM continues to extort companies with software patents it has amassed like an arsenal (by the thousands per year), and this time it's Priceline facing the firing line. J Nicholas Gross, "Berkeley IP Law Master" by his own description, wrote that "if IBM cant stop patent infringers who can? Priceline "refused to engage in any meaningful discussion on merits" [meaning agree to pay for software patents that are unproven in court, only in the biased and increasingly reckless USPTO]"

"So basically, IBM is now on a warpath of patent extortion using software patents (amid many IBM layoffs)."Here is an article about it which says: "A federal judge has denied several travel and reservation websites' objections to a report and recommendation that International Business Machines' patent infringement lawsuit against them should proceed."

So basically, IBM is now on a warpath of patent extortion using software patents (amid many IBM layoffs). Just like Microsoft. And we're supposed to actually trust IBM's OIN? It's not even so effective. Here comes a new red herring from IBM's patents chief, who pretends that the only alternative is having no patents at all; well, almost nobody suggests abolishing the whole thing, just software patents. How nice of Manny Schecter to mislead people like this, even with false dichotomies. IBM is becoming increasingly shameless about its patent aggression, even aggression using software patents, i.e. patents that are dubious anyway. Schecter spends too much time hanging out with patent maximalists like Gene Quinn and it truly shows. IBM becomes more like IAM. As the latest figures from Bliski Blog help show, a lot of software patents are still being ruled invalid by US courts. To quote the latest from Bliski Blog (second article in 2 days, which is rare as there are only about a dozen posts per year): "March 2016 is the first month since Alice was decided that the number of decisions upholding patents (15) exceed the number of invalidating decisions (12). However, this is not a sea change. Rather, it's an artifact of the data: on March 22, 2016, Judge Robinson (D. Del.) released four decisions denying motions to dismiss that had been pending for many months. The clustering of these four decisions spiked the numbers. More important is that underlying trend of invalidating decisions continues upwards."

"It's rather disappointing to find that China and the US moved closer into alignment when it comes to patents."Tell that to IBM. It's now that confidence in software patents is on the decline (like the number of IBM employees) that IBM chooses to attack perfectly legitimate companies using patent lawsuits.

"Supreme Court vacate Alice patent decision," as the author of Bliski Blog (Robert Sachs) put it, and "UPSTO reacts" (we covered this before).

China



China's own Supreme Court (Supreme People's Court) has meanwhile remarked as follows, based on the USITO: "On March 22, the Supreme People's Court (SPC) issued a new legal interpretation that will impact patent infringement case resolution. The policy, called the "Interpretation of Several Issues Concerning the Trial of Patent Infringement Dispute Cases (II)" (henceforth "Interpretation II"), will be implemented beginning on April 1."

"Low-quality patents for the sake of quantity take their toll."One of the points made there is: "With the compromise interpretation principle, strengthen functions in the publicity and delimitation of claims and increase the certainty of the scope of patent protection" (something which decreased in the US following Alice).

It's rather disappointing to find that China and the US moved closer into alignment when it comes to patents. They basically patent just about everything under the Sun (or the Dragon) and now there's low confidence that patents will actually endure in the courts. Low-quality patents for the sake of quantity take their toll.

Recent Techrights' Posts

Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
 
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026