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

Accessibility Isn't Overrated
Making things simpler typically means better accessibility
Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
 
Many Companies Are Run by Liars Who Ride Other People's Money
Or steal it
Before CoreAI There Was Builder.ai
GitHub isn't about "AI" (just a bunch of lies and storytelling for shareholders' patience)
Microsoft Windows in Croatia at New Lows
We've been keeping track of this trend for a while
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day
The Register's Slopfest
Remember when The Register UK (yes, UK) had better standards?
Latest Version of Windows (Vista 11) is a Failure 4 Years After Its Fake 'Leak'
Vista 11 became more scarce this month
Improving Our Archives
Our old archives are still accessed a lot. Making them better is well worth the investment.
Things One Learns as a Litigant in Person at the UK High Court
Don't fear the official manuals
Slopwatch: Lots of Fake Articles From Fake "Linux" Sites and About "Linux"
Google says it's committed to "AI" (it means slop, not AI); that seems like an excuse to dodge accountability
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
GNU/Linux is 486 in Ireland
4.86% that is
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day