Bonum Certa Men Certa

Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

The epidemic broke out outside of Texas, where Rodney Gilstrap (below) had bred them with favourable rulings

Rodney Gilstrap



Summary: A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia

Rodney Gilstrap, whom we wrote about before [1, 2], may have had a good run facilitating/norturing patent trolls, but his court may later this year be dealt a very major blow from the Supreme Court, which found merit in a complaint about District Courts like the trolls' docket (Eastern District of Texas).



According to this MIP report, the trolls' favourite judge, Rodney Gilstrap in the Eastern District of Texas, allows software patents to tax a Web browser which is based largely on Free software. The toll? $20 million. To quote: "An inventor and his late partner’s family has been awarded $20 million in damages against Google by an Eastern District of Texas jury. In a case presided over by Judge Rodney Gilstrap..."

"Patents in standards (SEP, RAND, FRAND etc.) should not be allowed."This will hopefully be appealed and eventually reach CAFC or SCOTUS; otherwise a lot of Free software out there, not just Web browsers, may be subjected to patent shakedowns that are too expensive to fight back against.

Once again, based on this separate new report from MIP, CAFC turns out to be a lot more strict on patent scope than District Courts. "The Federal Circuit," it says about CAFC, "has found Watson did not infringe Shire’s patent for Lialda, noting the “rare” exception established by Norian to the presumptively closed nature of the “consisting of” language..."

The “consisting of” cases have been covered here repeatedly in recent months. It's not about software patents, but there is still something one can learn from that.

In other news, patent troll MPEG-LA (see background in our Wiki) goes after Huawei, which we wrote about this week in relation to Microsoft proxies attacking it after it had declined to sign patent settlement with Microsoft (paying Microsoft for software that Microsoft never developed). Remember that Microsoft is a prominent member of MPEG-LA and see this tweet where Florian Müller reports "H.264 patent holders and MPEG LA pool contributors suing Huawei and ZTE over alleged infringement. As always with MPEG LA, in Düsseldorf."

"If a so-called 'standard' has patents associated with it, then it ought to be rejected, shunned, or simply deny its adopters the 'privilege' to attack other adopters of it."Müller also took note of this news about BlackBerry suing Nokia. What they have in common is that they are both failed companies that used to make phones (still do, to a lesser degree) but have since since turned into trolls that fight companies, sometimes even in the Eastern District of Texas.

Last night we saw many dozens of articles in English about this (not particularly relevant to software patents which we tend to focus on), including for example "BlackBerry Files Patent-Infringement Suit Against Nokia", "BlackBerry Launches Patent Lawsuit Against Nokia", "BlackBerry Slaps Nokia With A Patent Infringement Lawsuit", "Blackberry Hits Nokia With Suit Over 11 Telecom Patents", and "BlackBerry sues Nokia over patent infringement". As the below makes clear, BlackBerry is just interested in a source of income (cash flow) which does not necessitate production or anything. It wants welfare:

BlackBerry has filed a patent-infringement lawsuit against Nokia, demanding royalties on the Finnish company’s mobile network products that use an industry-wide technology standard.


Patents in standards (SEP, RAND, FRAND etc.) should not be allowed. If a so-called 'standard' has patents associated with it, then it ought to be rejected, shunned, or simply deny its adopters the 'privilege' to attack other adopters of it.

Recent Techrights' Posts

Sounds Like IBM is Preparing for Mass Layoffs/Redundancies in Red Hat, Albeit in "PIP" (Performance Improvement Plan) or "Relocation" Clothing
This isn't the "old" IBM; they're applying pressure by confusion and humiliation
Gemini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Microsoft's Attack Dogs Have Failed. Now What?
It would be utterly foolish to assume that Microsoft has any intention of changing
All Your "Github Projects" Will be Gone One Day (Just Like Skype)
If you have code you wish to share and keep, then start learning how to do so on your own
Fedora Already Lost Its Soul Under IBM
Fedora used to be very strict compared to many other distros and it had attracted very bright volunteers
Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
 
Links 18/04/2025: "Fentanylware (TikTok) Exodus Continues", Chinese Weapons Allegedly in Russia Already
Links for the day
Gemini Links 18/04/2025: Price of Games and State of Tinylog
Links for the day
"Sayonara" (さよなら), Microsoft
Windows had fallen below iOS in some countries
Links 18/04/2025: Layoffs at Microsoft Infosys and Qt Becoming Increasingly Proprietary (Plus Slop)
Links for the day
Google News is Dying
treating MElon's algorithmic/biased site as a source of verified news
To Understand Who's Truly Controlling You Follow the Trail of Censorship (or Self-Censorship)
Do not let media steal and steer the narrative; CoCs are not about "social justice", they're about corporate domination
Microsoft is Still Attacking GNU/Linux and the Net
Microsoft bribed the government using money that did not even exist
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 17, 2025
IRC logs for Thursday, April 17, 2025
Gemini Links 18/04/2025: Pinephone Pro and Linux is too Easy
Links for the day
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day