Bonum Certa Men Certa

Patents Roundup: Patent Maximalism, Apple's Patent Deception, and Failure of Patent-Centric Media to Name and Shame Patent Trolls

Summary: Some of the past week's patent stories grouped together for easier absorption (sans the patent lawyers' bias)

IAM 'magazine', which glorifies patent stockpiling and litigation (follow the money), basically continued to promote stockpiling of patents earlier this week. It's about USPTO registration, which IAM uses to reinforce the notion of patents as "ownership" and innovation. Nicola from IP Kat, who is often sceptical of patent maximalists (she's one of their best writers on such topics), linked to this paper and said: "The key finding is that, “55% of triadic patents are commercialized. We also find that 17% of all triadic patents are not commercialized but are at least partially for preemption, though only 3% of all triadic patents are purely preemptive patents.” Preemption is patenting for strategic purposes, rather than commercial. (You could argue the two are one and the same, but the paper focuses on preemptive non-use, as in strategic patenting with no intention to use the patent.) The paper goes into much more detail, but the punchline is that nearly half of triadic patents are not used, but ‘strategic’ patenting may be less prevalent than popular discourse would have you believe."



"Patenting without boundaries devalues pertinent patents and harms confidence in patents."What we appreciate about Nicola is that in spite of backlash in the comments (probably from patent lawyers) she continues to insist that when it comes to patents, more is not necessarily merrier. Patenting without boundaries devalues pertinent patents and harms confidence in patents. That's just overpatenting. This is particularly true when it comes to software patents, which often correspond to very old ideas being implemented on a computer, on a device, over the Internet and so on. According to this new puff piece, for example, "Viridity Energy secures patent for transport-based energy storage software," which probably corresponds quite loosely to something like the first software patent ever to be granted in the US (granted to Martin Goetz using the guise of "transport"). Software in general isn't adequately protectable by patents but by copyright and there is no single patent that covers an entire computer program (there is no one-to-one correspondence and a single program can potentially infringe on thousands of software patents these days). We sure hope that the EPO won't be gullible enough to believe otherwise.

Moving on a little, GoPro, which Microsoft extorted using patents earlier this year, becomes aggressive with patents of its own. As Digital Trends put it: "After Polaroid manufacturer C&A Marketing Inc. sued GoPro for copying the Cube’s design last year, GoPro is turning the tables, saying that it’s the Cube that is using GoPro’s patented technology. In a lawsuit filed Tuesday in the U.S. District Court in the Northern District of California, GoPro alleges that the Polaroid Cube copies two patents owned by the action-cam giant."

"...when Apple wants to remotely control your phone, microphone, cameras etc. (or allow others to gain such control) it’s OK “because copyrights!”"GoPro may be aggressive with patents, but no company these days is nearly as aggressive as Apple, which sees its empire devoured by Google with Android. Apple is now pursuing patents on censorship, as quite a few sites correctly note. Rick Falkvinge (Pirate Party founder) correctly went with the headline "Apple patents technology enabling police to prevent iPhones from filming police abuse". One article had the headline "Apple gets patent for remotely disabling iPhone cameras, raising censorship fears", but many of the other articles about it (literally hundreds if not thousands of them) were so terrible that they repeated Apple's talking points. Poor reporting took Apple's word (at face value) on how cameras being hijack would be used; when Apple wants to remotely control your phone, microphone, cameras etc. (or allow others to gain such control) it’s OK “because copyrights!” [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72]. How misleading. These lies dominated the media and made Apple's patent look like "protecting artists" rather than censoring photographers (who are themselves artists). See the article "The New iPhone Might Shut Off Next Time You Try to Film the Police in Public" for better perspective, unlike advocacy sites of Apple patents. This one said: "The U.S. Patent and Trademark Office officially published a series of 44 newly granted patents for Apple Inc. today. In this particular report we cover an Apple invention that pointed to the coming indoor GPS trend that is about to come to market first with the Lenovo-Google Tango smartphone this fall. In our report covering the Lenovo phone we pointed to a feature that will be introducing augmented reality. To a certain degree this is covered in today's granted patent. Apple's technology discusses working with venues like a museum that could provide visitors with guided tours and beyond on a future iPhone. In 2014 we posted a report titled "Apple and Google Headed for an Indoor Location Services War," and indeed they are with Lenovo-Google taking the first shot. The second aspect of today's granted invention caused a massive roar from techies who were upset with the camera being able to block smartphone video recording at concerts."

Speaking of Apple, IAM insinuates that iPhone sales ban in China is a bad thing (suddenly IAM thinks patent assertion is bad, probably because China isn't paying IAM) and MIP says "Apple’s latest China setback could encourage patent trolls". "The Beijing IP Court has ruled that the iPhone 6 and 6 Plus infringe the design patent of a Chinese-made smartphone, in a case that one IP lawyer believes could provide inspiration to patent trolls," MIP writes. Well, if they are so supportive of patents, why is this bad when China uses patents? A bit of hypocrisy here, no? On the other hand, IAM published "Fujifilm’s Chinese pharma patent licensing deal marks a milestone in its IP-driven transformation" and "Qualcomm's licensing model will be “destroyed” if it can’t win key China case, says its ex-Asian patent director" (also about china). So a monopoly abuser wishes to conquer China with patents that China doesn’t care for and IAM takes the side of the monopolist. How predictable. Moving further east to Japan, watch how IAM promotes/grooms Intellectual Ventures, the world's largest patent troll (which came from Microsoft originally). IAM wrote: "Earlier this month, we learned that Intellectual Ventures (IV) is spinning out its Invention Development Fund (IDF) into a separate entity. The news was confirmed by Paul Levins, who has been head of IV’s Australia and New Zealand operations and is the Asia and Europe programme director for IDF, while speaking on a panel at IPBC Global 2016 in Barcelona. As I understand it, this process has been underway for a few months and is still ongoing - but this has not stopped IDF from doing deals."

"We see more of the same bias coming from patent lawyers' (supposedly 'news') sites, which prefer to treat all patents as necessary and those that sue companies as "doing the right thing" (irrespective of merit or benefit to science, technology, and society)."The word troll isn't even mentioned in this article (nor is it mentioned in this new article about the patent troll of Ericsson, which now goes to Asia for some shakedown, extortion, blackmail or whatever). WatchTroll only puts the word troll in scare quotes, reflecting the same kind of bias. We see more of the same bias coming from patent lawyers' (supposedly 'news') sites, which prefer to treat all patents as necessary and those that sue companies as "doing the right thing" (irrespective of merit or benefit to science, technology, and society). "Amicus Briefs Due Soon in Supreme Court Copyright and Patent Cases," one such site said after it suggested how to destroy small companies using patents. "A tactic sometimes used by a well-established competitor against a startup is to accuse the startup of patent infringement," the article said. "Unless the startup has deep pockets, it cannot really afford to defend a patent lawsuit..."

This is why patent trolls are particularly problematic for small companies. Sometimes patent trolls are just proxies/satellites of large companies. If only more patent lawyers' sites cared to cover the subject... ⬆

Recent Techrights' Posts

Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
 
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock