Bonum Certa Men Certa

Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

PBS on trolls



Summary: New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting

IN A WORLD or a society so overly obsessed with brands the problem and overt hostility of patent trolls is hardly grasped by most people until some troll like VirnetX sues and wins against Apple (huge amount of money).



Earlier today a question arose: "When will Apple finally become a key player in the patent reform movement?"

The context was this article from a site that glamourises Apple patents (especially when Apple attacks other companies). It has just said: "The California Institute of Technology has filed a patent infringement lawsuit against Broadcom and Apple (and Avago Technologies owned by Broadcom). The patent infringement lawsuit concerns Apple's iPhones beginning with the iPhone 5, the iPad, MacBook Air, Apple Watch and more. Apple's use of Broadcom's technology is using IRA/LDPC encoders and/or decoders invented by the California Institute of Technology. In this lawsuit, Apple is drawn in by virtue of using Broadcom Wi-Fi products. This week AirPort Extreme and Time Capsule were pulled from U.S. Apple Stores. Whether this is due to next-gen versions of these product arriving next month or complications related to this lawsuit is unknown at this time."

"The subject of parasitic elements in the patent system is gradually becoming mainstream."Apple likes software patents and other overly broad patents... until it gets sued itself, along with Broadcom in this case. We are not suggesting that the California Institute of Technology is a patent troll per se, but as we explained many times in the past (in relation to other US universities), the practice is using tax money or government subsidies to acquire patents and then make products artificially more expensive for everyone (by litigation or royalties) is neoconservative and growingly unjust. Some people make a killing, whereas the rest of the people pay the price.

The subject of parasitic elements in the patent system is gradually becoming mainstream. For instance, titled "U.S. innovators dogged by money-grubbing ‘patent trolls’," this new show from PBS is summarised as follows: "The U.S. economy is driven by innovation, but unwelcome “patent trolls” are gunking up the system. Patent reform bills sit idle in Congress as the “trolls” set up companies for the sole purpose, critics say, of shaking down inventors while never creating anything. “We just have to write 'em a check so they'll go away,” says one disgusted app maker. Economics correspondent Paul Solman reports."

Ante Wessels from FFII, writing about "software patent trolls" (combining patent trolls and software patents), remarked on the TTIP the other day as follows:

Citizens in Europe and elsewhere are harassed by software patent trolls, and experience issues regarding sequential innovation, remixing, and access to knowledge and culture. The FFII has argued that the EU should bring its IP law into line with human rights obligations. [4] TTIP may undermine this through exportation of EU law.


The Linux Foundation, which is well funded by patent aggressors (large ones) and software patents lobbyists, has become rather useless when it comes to activism against software patents. It did, however, publish two posts about Newegg's fight against patent trolls [1, 2, 3, 4]. One is a video and another is an article that says: "As Lee Cheng explained in his keynote speech at the Collaboration Summit held March 29-31 in Lake Tahoe, California, fighting patent trolls as part of his job at Newegg Inc. is a natural progression from his earliest legal involvement in civil rights advocacy."

"Some circles fail not only to attribute this to software patents but also won't mention patent trolls."It is worth noting that Newegg deals with software patents in this case. This is very typical and this debate ought to focus on software patents, not patent trolls.

A large Web site for realtors covered the matter just under a week ago and noted that "NAR took a forceful step against patent trolls last week by filing a petition with the U.S. Patent Office challenging the validity of patent claims by a company that’s been threatening infringement lawsuits against several real estate companies."

This, again, is about software patents. Some circles fail not only to attribute this to software patents but also won't mention patent trolls. For example, not even once does IAM say "patent trolls" in relation to the Eastern District of Texas litigation, instead choosing to just remark on raw numbers and mentioning Alice as follows: "One of the stories of the year so far has undoubtedly been the dramatic fall in US patent litigation filings in the first quarter. There were 947 from the beginning of January until the end of March, down from 1,554 the year before. It seems likely that the introduction of heightened pleading requirements last December had an impact, as plaintiffs rushed to file new suits last November before the new rules were introduced. The first full year since the Supreme Court’s Alice decision may also have had an effect as potential plaintiffs become more accustomed to a far greater level of uncertainty in infringement litigation."

"We continue to argue that the best way to tackle trolls is to limit patent scope, especially when it comes to abstract software ideas (as per Alice)."Those who spent resources accumulating data and charting this data regarding litigation are falling on deaf ears when it comes to IAM, which merely tries to garner sympathy for trolls this way and occasionally bashes Alice (grounds for invalidating software patents in the US).

IAM never speaks about trolls [1, 2], but it does mention "NPEs" in this other new piece: "Elsewhere, we explore how the growing threat of fee shifting is changing the calculations in US patent litigation and explain why NPEs now have no choice but to rethink their established business models. Look out too for our annual listing of every entity that owns 1,000-plus active US patents. With plenty more besides, including a special management report on issues affecting FRAND and standard-essential patents, subscribers will be kept busy right up until issue 79 appears at the end of July."

Watch how IAM calls trolling "established business models." It's more like a Mafia's modus operandi and IAM's bias is rather revealing here.

We continue to argue that the best way to tackle trolls is to limit patent scope, especially when it comes to abstract software ideas (as per Alice).

"Members of Congress who are asked by lobbyists to annul or weaken Alice are essentially asked not only to disallow patent reform but to actively make matters worse.""Presentation last week on Alicestorm patent eligibility forecast," one person wrote, noting: "Lots of good data."

"This is an extended an annotated version of my presentation at AIPLA Spring 2016 meeting," wrote the author himself after he had spent a lot of time accumulating data and charting data about Alice invalidations (we covered this many times before).

Members of Congress who are asked by lobbyists to annul or weaken Alice are essentially asked not only to disallow patent reform but to actively make matters worse.

Recent Techrights' Posts

Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
 
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025