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

SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day