Bonum Certa Men Certa

Shortly After Massive Layoffs 'King of Patents' IBM is Using Software Patents to Sue Much Smaller Companies

Not your father's IBM

Ginni Rometty
Photo source (modified slightly): The 10 Most Powerful Women in Technology Today



Summary: IBM is becoming predatory as the business is sinking and all it has got left is a big pile of patents, including a lot of software patents that it now weaponises

WHEN the corporate media covers the problem with patents and suggests a reform it often alludes to "patent trolls" but not to large companies that are equally bad if not worse. They are in many ways the culprits, as it's them and their people -- like David Kappos in IBM's case -- who push hard for software patents (that patent trolls too are using).



The other day the EFF's Nazer showed how software patents in the US do so much damage for benefit of very few people, who are parasites. Nazer did not mention software patents explicitly and as usual he focused on "trolls". As an article about it has just put it: ""Personalized content" is a phrase so vague that it could mean just about anything. That quality makes it just about perfect for use by a patent troll. This month, the Electronic Frontier Foundation's patent lawyers have honed in on a patent describing a way of "presenting personalized content relating to offered products and services," owned by Phoenix Licensing LLC, a patent-holding company controlled by Richard Libman, an Arizona man who's sued more that 100 companies." [...] Wordy language notwithstanding, the patents look like the type of "do it on a computer" claims that should get tossed out as "almost surely invalid" under the Alice v. CLS Bank Supreme Court precedent, EFF lawyer Daniel Nazer explains in his blog post. "Unsurprisingly, given that its patents are so vulnerable to challenge under the Alice standard, it has filed all of these lawsuits in the Eastern District of Texas." That plaintiff-friendly court is less likely to invalidate patents under Alice."

"The company is a patent aggressor and we cannot help but wonder how the Linux Foundation feels about IBM not only lobbying for software patents but also suing companies using these."Since it's about Alice, one immediately knows it involves abstract software patents. But it's too expensive to deal with in a court of law. Even software patents which one knows for sure are not truly valid can be used as a weapon but not only by patent trolls but also by a patent monster like IBM, which always takes the lions's share of patents at the USPTO. Well, IBM has just announced major layoffs; but worse -- it's becoming a patent aggressor more so than in the recent past. "IBM can sue any webshop with those 4 broad patents from the late nineties," Benjamin Henrion wrote this morning. "IBM is suing Groupon with 4 software patents," he added, "probably trivial ones," pointing to two articles [1, 2]. IBM is not responding to a company that's suing it first. To quote the first report: "IBM has sued online deals marketplace Groupon for infringing four of its patents, including two that emerged from Prodigy, the online service launched by IBM and partners ahead of the World Wide Web."

The latter article says: "IBM is suing Groupon over alleged patent infringement, court documents revealed Wednesday. It's the latest in a series of lawsuits the computing pioneer has filed against tech companies that it says rely on groundwork it laid.

"IBM filed a lawsuit in Delaware district court alleging that the Chicago-based online marketplace ignored repeated alerts stemming to 2011 that it was unfairly using IBM inventions."

"It's often said that patents are only trophies for vanity until a company is collapsing, whereupon it chooses to sue rivals or sell patents to aggressive entities, including trolls."Remember that IBM is pushing India to grant patents on software. It's the same thing it did in Europe and in New Zealand, so shame on IBM. It not only amasses software patents (while using OIN to pretend that it's all fine and dandy) but also uses them for litigation, not just against large companies (like Sun) and not just using hardware patents. The face IBM does not want you to see is IBM without the "open" makeup (openwashing of everything including proprietary, grossly overpriced mainframes). The company is a patent aggressor and we cannot help but wonder how the Linux Foundation feels about IBM not only lobbying for software patents but also suing companies using these.

It's often said that patents are only trophies for vanity until a company is collapsing, whereupon it chooses to sue rivals or sell patents to aggressive entities, including trolls. IBM proves that right.

Recent Techrights' Posts

Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026