Bonum Certa Men Certa

Climate of Patent Maximalism (Departure From Patent Quality Control) Leads to More Litigation, Not Innovation

An atmosphere that encourages paranoia and extreme caution does not offer an incentive to move forward

Climate change



Summary: A quick review or overview of today's patent news, or supposed news as presented by patent law firms that strive to attract more demand for their services

"While the Supreme Court has not definitively ruled on it," says this new 'analysis' from a patent law firm. "the majority of federal courts have found that a company’s unilateral refusal to license its patents does not violate Section 2 of the Sherman Act." This so-called 'analysis', i.e. shameless self-promotion or marketing, is titled "Unilateral Refusals to License Intellectual Property". They are actually talking about patents, not "Intellectual Property" [sic] which is a vague term that lumps together trademarks, copyrights, patents and sometimes trade secrets.



Imagine a world where there are millions of "live" (still valid, not expired) patents in many countries which enable cross-border actions through collaborations (Patent Prosecution Highway, Unitary Patent etc.), then picture some small businesses which can barely afford going to court to defend themselves from even a single infringement charge/allegation. What kind of world would that be? Certainly a good world for patent litigators. Patents would, therein, be tools of corporate destruction (small companies are extremely vulnerable) or raiding of large companies by settlement. Patent trolls face no risk (of being sued) as they have virtually no products. Large companies often use trolls as satellites for this reason. Apple, having quite recently lost to patent troll that got a lot of money from Apple (and prior to that from Microsoft), just lost another case, this time to Network-1 Technologies, not VirnetX. As MIP put today, "Apple will pay Network-1 Technologies $25 million to settle subsidiary Mirror World Technologies’ patent litigation in the Eastern District of Texas" (capital of patent trolls). The patent trolls-funded IAM 'magazine' bemoans this verdict where a troll/parasite received 'only' 25 million dollars. Apparently a settlement for as much as 25 million dollars means "depressed patent licensing market," at least if one trusts IAM, which is funded by nasty actors like MOSAID (Microsoft troll and satellite).

"There is still a major battle over patent policy and the perception of patents’ value."On the brighter side of things, the demise of software patents means that a lot of patent trolls are not longer capable of blackmailing companies (it's riskier against large companies which can afford going to court, whereupon the asserted patent/s would be invalidated). Some don't even bother trying anymore. "Buyer beware," says a new article from Forbes today (titled "Yahoo's Patents Are a Pile of Junk, Report Says"). "Little has gone right for Yahoo, which is one reason the flailing tech giant decided this spring to sell off the bulk of its patent portfolio." We saw similar reports last week and last month. After Alice, a landmark 2014 decision, Yahoo's patents (a lot of business methods and software) would no longer have any value.

Also see "Companies Considering Purchase of Yahoo! Excalibur Patent Portfolio Face Major Risk, According to TurboPatent" and "Nearly Half Of Yahoo Excalibur Patent Portfolio Likely Invalid, Unenforceable, Data Suggests". In Twitter, one person told me that "most software patents are piles of junk. Worked on decommissioning 1 Y! [Yahoo] product based on a patent."

Speaking of buyouts, IAM, which now bemoans China's patent bias (as if the West does not have the same kind of bias), points to this press release from Thomson Reuters and says it "point[s] to Asia's rising IP star", whatever that means (they're trying to encourage more patent activity in east Asia, as usual).

There is still a major battle over patent policy and the perception of patents' value. The more patents come into existence, the lesser the value of each pertinent patent. The battle is fought between those who profit from patent maximalism and those who are victims of such maximalism. Guess whose side IAM stands for... follow the money.

Recent Techrights' Posts

Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
 
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026