Bonum Certa Men Certa

In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

Welfare for a fossil of a company which bullies real companies (like Microsoft still does) without really creating anything

Phone and USPTO



Summary: The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie

Qualcomm does not make phones. At least not anymore. The same is true for Microsoft (with rare, minor exceptions here and there). Yet they want to be paid for every phone produced (raising prices considerably). They're like patent trolls -- the very same thing that BlackBerry and Nokia gradually become as their sales flat-line near 0. Their stockpiling of patents, they believe, is their last remaining 'asset' in the mobile market (Nokia, BlackBerry, Ericsson and Microsoft also feed patent trolls for this purpose). Various software patents, granted by the USPTO before Alice, account for the lion's share of the said patents, the rest being on hardware, radio, etc. Please note that we are not opposing hardware patents like this one just covered by Patently-O or material-related patents like the one just covered by Managing IP. In the case of Qualcomm, a lot of their patents are on software (their former chiefs advocated these patents last month), so we stand on pretty firm ground when we oppose these. So does Florian Müller, who has just found out that "Qualcomm's involuntary refund to BlackBerry amounts to approximately $5 per device" and added:



The term "specified number of subscriber units from 2010 through the end of 2015" in Qualcomm's press release on this month's arbitration award could mean all or some of the devices BlackBerry sold during the period in question. What I'm interested in (because I believe many readers will be curious, too) is what indication the "rebate" gives us with a view to Qualcomm's standard-essential patent (SEP) royalty demands. A couple of months ago I saw indications, by deducing and inferring information from certain public documents, that Apple may have been paying Qualcomm approximately $20 for its baseband chip and a second amount like that for patent license (a total of $40 per device for the chip and the license). The higher the rebate is on a per-unit basis, the more likely it is that Qualcomm's royalty demands are really that high (we're talking about stratospheric heights compared to what other companies are rumored to receive; for example, financial investors appear to believe that Nokia receives about $2 per device from Apple).

So let's look at publicly-available information in the light most favorable to Qualcomm: that the "royalty cap" applied to all BlackBerry smartphones sold in the years 2010-2015. Not only is that most favorable to Qualcomm but it's also a reasonable assumption.


How many of the patents in question are no longer valid after Alice and what will regulators say about Qualcomm's anticompetitive practices?

"We live in a world where journalism about patents is composed by non-scientists who speak to lawyers, not scientists."We certainly hope that Qualcomm will just disappear. It contributes nothing and takes away from everyone.

Suffice to say, the patent microcosm is supportive of Qualcomm. They push the bogus narrative of "inventors" (who create nothing) being "robbed". Some take this further and pretend that it's the root of all the problems in the US. For example, as if everything boils down to patents (the more, the merrier), Watchtroll has just published "Fixing America’s Patent System is the Best Strategy to Jump-Start our Stalled Economy" (on Monday).

"It has become so bad that the industry is full of trolls -- one of whom (Erich Spangenberg) made about $50 million from one single patent which recently turned out to be invalid."What they mean by "fixing" is the very opposite of fixing. They want to bring rise to more Qualcomm-like parasites.

Yesterday, behind a paywall, the patent microcosm also promoted software patents, as it so habitually does. Heck, who needs the opinion of actual software professionals? We live in a world where journalism about patents is composed by non-scientists who speak to lawyers, not scientists. It has become so bad that the industry is full of trolls -- one of whom (Erich Spangenberg) made about $50 million from one single patent which recently turned out to be invalid. Think of all the companies he robbed by this charalatan over the years.

Recent Techrights' Posts

Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025