Bonum Certa Men Certa

Patents Roundup: Apple, Patent Trolls, Software Patents, East Texas, and Rick Frenkel (Best Known as Patent Troll Tracker)

Rick Frenkel
This recent photograph of Rick Frenkel (from Newegg Chief Legal Officer Lee Cheng) shows or reminds us that Frenkel is still fighting patent trolls



Summary: Recent developments in the world of patent trolls, including the relation to Apple and Linux/Android, where (software) patent battles persist and have become a considerable factor

THE decline of Apple can be explained in all sorts of ways (Android/Linux had a lot to do with it). But what we're particularly interested in is Apple's nasty patent litigation strategy, which motivated our call for a boycott half a decade ago, some time after the seminal attacks (on a lesser-armed HTC). The EPO shares the blame here as it too facilitated some of these attacks by incorrectly granting patents which were only later found to be invalid.



The most vocal proponents of software patents have just reminds us that "Samsung is going to pay Apple approximately $546 million in damages as part of the ongoing patent infringement dispute between the two technology giants."

"The EPO shares the blame here as it too facilitated some of these attacks by incorrectly granting patents which were only later found to be invalid."This is about software patents. Apple is trying to use them not just to tax rival products but also ban these. But it's a two-edged sword because Apple is being sued for a similar amount (half a billion dollars) by a patent troll. This time, as always, it's software patents (patent trolls rarely use any other kind of patents). The infamous patent troll VirnetX wants jury to give it a half-billion dollars of Apple’s cash. There's something poetic about it, given the above news. When patent trolls hit Apple, as this new article from Joe Mullin helps show, big damages are being claimed. "A trial has just kicked off in the patent hotspot of East Texas," Mullin wrote, "and it's a big one. VirnetX, a patent-holding company that says it owns wide-ranging rights to Virtual Private Networks (VPNs), is facing off against Apple.

"VirnetX says that Apple's VPN technology, as well as its FaceTime video-messaging, both infringe the company's patents. A jury trial began today, and VirnetX seeks $532 million in damages."

"This is about software patents. Apple is trying to use them not just to tax rival products but also ban these."We have written a lot about VirnetX and about East Texas in the past. This is a great example of what software patents do for patent trolls.

Speaking of East Texas, it turns out that Patent Troll Tracker (Rick Frenkel) is busy there right now. He wrote a lot about Fish & Richardson PC, especially when the father of patent trolling, Mr. Niro, sued them (before Frenkel and his employer Cisco got sued). Recall what got Patent Troll Tracker in trouble (lots of articles about this here). Fish & Richardson had a lot to do with that, even if indirectly. Fish & Richardson is a firm that worked for multinationals such as Samsung and Nokia on patents. It now expresses love of the UPC (less than a day ago in lawyer's media). Yesterday's publication from them says: "The next big step for the UPC will be selection of judges. Approximately 1,300 persons have indicated an interest, including many highly qualified judges, attorneys-at-law and patent attorneys. The Preparatory Committee is expected to adopt a selection procedure at their meeting on February 24-25, 2016 and begin the process immediately thereafter."

"It turns out that Patent Troll Tracker is still fighting patent trolls."Fish & Richardson itself is a firm of patent lawyers, and one that represents clients who can bring a lot of income when a company such as Apple, for instance, let alone some small patent troll, takes advantage of the UPC for large-scale cross-border lawsuits. Bear this in mind; see who's rooting for the UPC; it shows who would benefit from it. Nothing at all to do with European SMEs.

Interestingly enough, Joe Mullin has just published this piece about patent trolls that attacked Newegg and quickly regretted it. It turns out that Patent Troll Tracker is still fighting patent trolls. Defamation lawsuits from trolls did not stop him. To quote from the top: "Latham & Watkins partner Rick Frenkel, who represents Newegg in some of its patent cases. Frenkel and Cheng made a stop for BBQ and fried pies on a recent trip to the patent hotspot of East Texas." ⬆

Recent Techrights' Posts

Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026
Project Glasswing and PHP2Shell vulnerability
by Akira Urushibata
Turning Point for the Slop Industrialists
First, a lot of people who work on "hey hi" at Microsoft (no matter the buzzword or brand, e.g. "copilot") are impacted
Links 28/10/2026: Slop Bubble Pops in China, Rocky Linux Creator Becomes Slopper, Openwashing by the Slop Pushers Explained
Links for the day
Gemini Links 28/10/2026: Slop Plagiarism Considered a "Weapon", "Completely restored HTML interface to the Orbital Fox mailing list"
Links for the day
The Corrupted Corporate Media is Spinning Massive Microsoft Layoffs as "Investment in AI" Instead of Evidence That "AI" Nonsense is Catastrophic
Microsoft asking 30% of its staff to leave is a sign of bubble
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026