Bonum Certa Men Certa

Patent Trolls Are Not a Solved Problem

New York Times on patent trolls. Image snapped by Josh from CCIA.

New York Times on patent trolls



Summary: New claims that trolls are making a comeback are difficult to verify; these may be as unreliable as claims of a software patents comeback

THE European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) both support patent trolls. The latter pretends they don't exist or aren't a problem and the former keeps legitimising trolls -- a subject we'll deal with later in a separate post.



"Patent Assertion Entities Are on the Comeback Trail," said patent litigation and software patents booster Scott Graham a few days ago. He calls "patent trolls" just "Patent Assertion Entities" (although he uses the word "trolls" in the body, so maybe the editor is to blame). To quote: "Patent assertion entities seem so 2012. Businesses that acquire patents and then enforce them—sometimes criticized as “patent trolls”—have largely dropped out of the headlines since the America Invents Act (AIA) and the Supreme Court’s Alice decision simplified the process of challenging patent validity in many cases."

Nothing has changed as far as Alice goes -- a subject that we'll write about later (separately). Since there's a paywall, it is hard to verify the accuracy of the above claims (that there's a comeback of trolls).

"Several years after a series of Supreme Court decisions reduced the threat to companies from 'non-practicing entities,' patent trolls may be climbing back out," Crain's Cleveland Business wrote some days ago in "NEO faces a resurgence of patent trolling" (not accessible in the EU).

These two articles make somewhat surprising claims, but the basis is not accessible to a broad audience, only subscribers and such.

What is known for a fact, however, is that patent trolls are widely reviled (see the above crossword puzzle, which is new) and they damage local economies.

New reports such as "Apple Stores reshuffled in Texas to foil patent trolls" from Apple fan sites (alluding to high-profile cases like VirnetX v Apple) still talk about this problem:

Apple is closing a pair of retail stores in east Texas, and opening a new one nearby to take on their traffic. But this has little to do with customer convenience; it’s likely all about patent lawsuits.


The courts in east Texas, as we've noted many times before, wanted to attract patent trolls and this is ruining retail jobs. It also discourages participation over there at a technical capacity (server hosting, development and so on).

Recent Techrights' Posts

Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024