Bonum Certa Men Certa

Patent Trolls on Their Way Out in the United States and Their Way Into China, No Thanks to the Open Invention Network (OIN)

OIN has in many ways contributed to the problem rather than or instead of working to tackle it

Center for Intellectual Property Understanding (CIPU) logo



Summary: An update on patent trolls and the role played by supposed allies of Free/libre software, who in practice do everything to exacerbate the problem rather than resolve it

Trolls are a symptom of a big problem, typically the granting of far too many patents and too lenient a treatment (favouring the claimant) at the courts. This is why the US was so popular among patent trolls and China is now attracting if not giving birth to those same sorts of trolls.



Things are about to change for the better in the US. "Broad patent venue rules allowing corporations to be sued for patent infringement almost anywhere," as this new article puts it, is a regime which will likely end soon (it's reminiscent of what UPC proponents envision in Europe -- a recipe for patent trolls in the EU and beyond).

"This is why the US was so popular among patent trolls and China is now attracting if not giving birth to those same sorts of trolls."This new article refers to TC Heartland -- a decision we eagerly await -- and says this: "Broad patent venue rules allowing corporations to be sued for patent infringement almost anywhere are under siege both in Congress and in the courts. Yet, a non-patent case that was recently granted certiorari by the Supreme Court, although not widely noted in intellectual property law circles, may provide another potential front in this ongoing battle. [...] Based on the cert grant, the U.S. Supreme Court now appears set to decide when a claim sufficiently “arises out of or relates to” a defendant’s contacts with the forum state. Although Bristol-Myers is not a patent case, it involves the same specific jurisdiction criteria that the Federal Circuit has found satisfied in patent cases by product shipments into a forum. Therefore, it is possible that a Supreme Court decision that tightens the nexus between the claims and the defendant’s acts that is required to establish specific personal jurisdiction may curb patent owners’ abilities to bring suit in as wide array of fora as is possible under current Federal Circuit precedent."

"OIN has become pretty useless and it's likely that it was always this useless."Some time later this year, assuming that new Justices grasp the damage caused by patent trolls, the whole business model of trolls is likely to collapse, having already suffered a great deal when Alice made their patents a lot weaker. We cannot rest on the laurels, however, as patent maximalists constantly try to sabotage all this progress and Make Trolls Great Again, as we last noted yesterday. Here, in this new article from Embry-Riddle, a person who makes a living by promoting patents (or patent maximalism) unsurprisingly promotes more and more patents. We see articles like these every day. This other new article, one from Beta News, is very wrong and misguided; it oddly enough calls or paints OIN as anti-trolls, even though OIN openly admits that it's not (OIN is absolutely incapable of stopping trolls). Here is the key part:

More and more, we’re seeing businesses band together to find creative, efficient solutions to the patent troll problem.

Take OIN (Open Innovation Network) [sic, it's Invention] as an example. This organization operates in the open source community, cross-licensing patents to protect companies against litigation using Linux-related patents. Another example is the LOT Network, the non-profit community that I lead. More than 80 percent of patents litigated by patent trolls are acquired from operating companies through events like bankruptcies, M&A, or when a company is looking for an extra revenue stream. LOT members agree that if one of their patents falls into the hands of a troll, the other members get a free license. This acts as immunization for member companies -- rendering a troll lawsuit involving that patent moot. At the same time, LOT Network does not affect the traditional uses of patents -- like buying, selling, or even suing other companies.


One could argue that OIN helps weaken trolls by attempting to grab (buy) particular patents which would otherwise be given to trolls, but having seen how it works from the inside (long conversations more than half a decade ago), that just barely ever happens. It happened maybe once before (that we know of). OIN has become pretty useless and it's likely that it was always this useless. Its stated goals are not its real goals. Recently, OIN pretty much endorsed a lobby for software patents, misleadingly named Center for Intellectual Property Understanding (CIPU). OIN often seems to have remained somewhat of an IBM front group, often aligned with IBM's own agenda and even led by former IBM staff. Speaking of IBM, which is becoming an ally of Apple and a foe of GNU/Linux, its patent chief said the other day: "Patents should promote innovation regardless of inventor size (large co, small co, independent) and regardless of technology" (easy for him to say, coming from the largest patent assignee). Benjamin Henrion's response to him can be see here; it's all just mumbo-jumbo from IBM, equating patents with "innovation" -- however one defines that thing. IBM uses its patents to bully competitors and extract 'protection' money from them. That's hardly innovation.

"Recently, OIN pretty much endorsed a lobby for software patents, misleadingly named Center for Intellectual Property Understanding (CIPU)."Where was OIN when Acacia, a patent troll with connections to Microsoft, attacked GNU/Linux vendors such as Novell and Red Hat? As expected, patent trolls such as Acacia pivot/expand in China after SIPO and the courts had done damage to the country (diluting the patent system with low-quality patents). According to the trolls' news site the "Texas-based NPE [which the headline calls "Acacia alumni NPE"] Longhorn IP announced this week that it has acquired a patent portfolio, including several China-only patent families, from a major Chinese telecoms company."

Guess what will happen next...

Recent Techrights' Posts

IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
 
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day
Barbados: Significant Gains for GNU/Linux
over 5% if one counts ChromeOS as well
Very Shallow LLM Slop for IBM Disguised as Journalism About a "Plan to Train 5 Million Learners in India by 2030" (Unverified Figures With Very Distant Future Date/Year)
The Web has become somewhat of a laughing stock
'Linux' Foundation: The Foundation Has Almost Nothing to Do With Linux, It Just Misuses the Name "Linux"
Only a tiny portion of the Foundation's budget actually goes to Linux
Austria vs GAFAM
another win against GAFAM
Microsoft Has Purchased Another Linux Foundation Seat
From the latest (new) report
No Electronics, No Clocks, No Phones
We're meant to think that more gadgets will make life easier
Gemini Links 19/12/2025: Great Website Rebuild of 2025 and Running OpenBSD in a Hostile Environment
Links for the day
Google News Helps Slopfarms (What's Left of Them)
Lately we've noticed that nothing in the RSS feeds we follow is burping out slop
Links 19/12/2025: Privacy International's Reports and Russian Assets in EU
Links for the day
Today, The Register MS is Parroting Marketing Spam for Ponzi Scheme ("AI") in Exchange for Money
The Register MS should be held accountable when the bubble pops
Red Hat Senior Engineering Manager Leaves (or Gets Pushed Out by IBM) After Nearly 20 Years at the Company
The recent massive wave of IBM layoffs impacted Red Hat and so will the next (impending, Q1) wave
Why We Got Told by Insiders That Almost Everyone at EPO Reads Techrights and Many at IBM Track IBM RAs Via Techrights
In a nutshell, we cover topics almost no other site dares touch
IBM Research Shutting Down Labs, Lots of Workers Laid Off (Even Days Before Christmas in Devout Catholic Country)
Heartless, soulless company
Links 19/12/2025: Windows TCO in NHS, "Locked Out of Apple Account Due to Gift Card"
Links for the day
Nearly Three Months Have Passed Since EPO Cocainegate and the EPO's Management Still Refuses to Talk About It
But it's clearly aware of it
Richard Stallman Explains Why Software Patents Are Really Bad and Very Much Unnecessary
"The relationship between patents and products varies between the fields"
The Copycats of the FSF Have Serious Problems
If you care about Software Freedom, then support the real thing
Once Again, Just in Time for Christmas, UEFI and Its Boot System Turn Out to be a Giant Bug Door (Also a Microsoft Remote Kill Switch)
This industry - even academia - has been deeply compromised
In Activism and Journalism, If You're Ineffective They Ignore You, When You Become Effective They Stalk and Harass You, Failing That They Threaten You
"the Wikileaks effect"
Google Has Begun Linking to commandlinux.com in Google News, But It Seems to be a Slopfarm
This is not innovation, it's sloppiness, laziness, and a modern form of plagiarism
Microsoft Reportedly Tries to Cause Top-Level Managers to Resign If they Don't Participate in the Ponzi Scheme
Apparently even executives who don't play along are given marching orders
Microsoft, Over 120 Billion Dollars in Debt, Prepares Next Round of Mass Layoffs (After Christmas)
Microsoft is not managing to pay back its debt
Links 19/12/2025: Scam Altman Humiliates Self in Public, Climate Alarm Sounded, Egyptian Economist Convicted Over "Social Control Media Posts Critical of the Government"
Links for the day
You Can Get Work Done With Lean Software
obviously!
"The War on Privacy" is Real
"He Built a Privacy Tool. Now He’s Going to Prison."
The Cost of Being Influential
The "tech world" and its monopoly enforcer (patent system) are sleepwalking into autocracy
More Shutdowns and Layoffs at IBM
if someone covers correct but suppressed information, then people will make an effort to find it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 18, 2025
IRC logs for Thursday, December 18, 2025
EPO Violates Laws to Profit More From Invalid Patents, Then Cuts the Budget Allocated to Staff
taking away what was already promised to staff
Only a Few Examples of LLM Slop Found, Mostly via Google News
Is it fair to say that sites learned LLM slop does not offer any real value?