Bonum Certa Men Certa

False Hope for Patent Maximalists and Litigation Zealots

Hope street



Summary: Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions

35 U.S.C. €§ 101 remains strong in the United States. Courts follow it. There are new examples. Some were publicised earlier this week; we posted two batches of daily links yesterday (double the usual) and we no longer deal with the matter as meticulously as last year because EPO affairs are more urgent than the USPTO's.



"Long story short, even if we ignore racketeering and extortion 'behind the scenes' (that's the majority of troll activity) and only focus on what becomes public (actual lawsuits), trolls still dominate."In the previous post we quickly noted that António Campinos continues granting European software patents because like the man who gave him the job he does not care about patent quality, only quantity. Maybe he strives to be like China, where patent filings exceed a million per year.

More low-quality patents would certainly mean more frivolous and baseless litigation. Patent trolls can exploit such patents to receive "protection money" without ever going to court or filing a lawsuit. They just make threats. On some occasions they do in fact proceed from threats to actions. Statistics published earlier this week (by RPX) show that the majority of new patent lawsuits get filed by trolls. It's always the case. They are the majority of lawsuits; they make nothing at all; all they do is blackmail companies/people and sometimes sue. Lex Machina also has some new data. As Michael Risch put it yesterday: "I did want to drop a brief note that the Stanford NPE [trolls] Litigation Database appears to be live now and fully populated with 11 years of data from 2007-2017. They've been working on this database for a long while. It provides limited but important data: Case name and number, district, filing date, patent numbers, plaintiff, defendants, and plaintiff type. The database also includes a link to Lex Machina's data if you have access."

Long story short, even if we ignore racketeering and extortion 'behind the scenes' (that's the majority of troll activity) and only focus on what becomes public (actual lawsuits), trolls still dominate. They do nothing for innovation and a lot against it. Sometimes they're stopped without them even filing a lawsuit, owing to Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs).

"They've stooped rather low to generate pretense of "good news" or "hope"."The upside is, software patent are nowhere near making a comeback and litigation numbers continue to fall, owing largely to 35 U.S.C. €§ 101 . Anticipat has just published some new spin, echoed by the likes of Janal Kalis; Anticipat's folks are lying by omission, as usual, or intentionally spinning the numbers. They don't count IPRs but instead focus on mere patent applications i.e. not actual US patents. They've stooped rather low to generate pretense of "good news" or "hope".

Likewise, here in Europe, the chronic liars from Bristows (this time Edward Nodder) want us to think the dead UPC is suddenly resurrected because "change is [made] the training required to qualify as a patent attorney" in one small country with not so many European Patents (low on a per capita basis, too). The blog has been silent for so long, so here's what they said yesterday (and will probably pay other sites to syndicate):

The Austrian parliament has reported here that it adopted amendments to the Patent Attorney Act on 9 May 2019. One change is to the training required to qualify as a patent attorney. Currently there is no requirement to have studied law at university, the legal knowledge being acquired through practical training. Under the new requirements, law (including Austrian and European) must have been studied at a university (the course content to be governed by a decree), and the duration of practical training will be shorter.


And that's it; from the above Bristows came up with "Austria’s change to patent attorney training will enable representation in UPC" (their headline). This has nothing to do with UPC, but when Team UPC is ever so desperate they might even mistake EPC for UPC. Or focus on Austria, which does not even register on the EPO's chart (warning: epo.org link) based on number of patents. Germany got 20,804 patents last year, compared to 535 in Austria (that's 0.4% of the total at 127,625). ⬆

Recent Techrights' Posts

Network Plumbing
We hope it'll help speed things up
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
 
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day