Bonum Certa Men Certa

Patents Roundup: Patent Failure, Rambus Ambush, and Death by Patents

It's Not Working



THE FOLLOWING new article does not necessarily focus on software patents, but on the whole, the article does address an important issue that leads to patenting by large and wealthy companies whose so-called 'innovations' are not actually theirs. A portion of the article that speaks of software specifically tackles the issue of litigation burden, mostly costs.

Quicker, cheaper solutions needed for patent law



[...]

A further possibility, which is being trialled in the US in relation to software patents, is to expose patent applications to comment from those in industry. This would enable interested players to draw prior art to the attention of the examiner, and potentially also to identify ambiguity or lack of clarity. This would presumably assist examiners greatly in dealing with complex and new technologies.

The second major protection for the system is to ensure that those who wish to challenge the validity of a patent have access to a cost-effective dispute resolution mechanism. Typically, running a hotly contested patent case in the Federal Court can cost upwards of $2 million and take over a year to get to trial. On this basis, smaller players and issues that affect smaller markets will be shut out.


A particular district (or two) in Texas continues to be a major loophole and therefore a major part of this issue.

How to Attract Patent Litigation



If you’re a federal district court, that is.

The answer? You need something not every federal district has. The Eastern and Southern Districts of Texas have them. The Northern District of California has them. The Districts of Pennsylvania (Western), Georgia (Northern) and Illinois (Northern) have them. In fact, so many U.S. District Courts have them that its getting difficult to keep up. Like so many things in life, at first its an advantage to have them, and eventually it becomes necessity.


Black Sheep



Digital Majority, by pointing to this slightly older post, shows just how a single company or a minority of a much larger group can stand in the way of a reasonable system.

Except for the few patent holders and Accenture, the tax strategy business community has been largely anti-patent – going so far as to lobby congress to introduce legislation to create a specific exception that would block enforcement of those patents.


Another company that gives a bad name to patenting is Rambus, whose ambush is almost unprecedented and is causing a lot of trouble in several industries.

Judge Ronald M. Whyte of the US District Court, Northern District of California in San Jose, who has already presided over other cases involving Rambus and Hynix, has now reached a number of decisions, which were preceded by a legally and technically interesting 42-page set of findings. According to the court findings, DDR2, DDR3, GDDR2, and GDDR4 SDRAM chips made by Hynix, Micron, Nanya and Samsung infringe claim 16 of Rambus patent 6,266,285, granted on July 24, 2001; where GDDR3 memory is concerned, only Hynix, Micron and Samsung are affected. Rambus had also filed complaints over patent infringements related to nine further US patents, but Judge Whyte denied them for the most part.


If Rambus, which is a struggling and therefore merciless company, gets its way, this will be a serious injury to the integrity of the whole system. It would raise question with regards to the aim of patents and whether or not they are beneficial.

Sick Patents



Back in March we showed that collaboration in the drug-developing industry is seen as preferable by an increasing number of companies that set aside their patents and adopt what they refer to as an "open source" approach. This marks a turning point where science benefits the most and those whose illnesses depend on science likewise.

There is a stream of new articles at the moment which are very critical of patents in the medical field, particularly those that prevent access to vital medicine. Here is the story as told by Reuters.

The Commission said it had found documents during the inquiry, which contained admissions from brand-name companies that they had tried to stop generics, and many examples of obstacles being placed in way of less-expensive competitors.


A catalyst for action here is indeed the Commission, which rarely seems to intervene in this area. It's nothing to sneeze at when patents kill.

Glyn Moody labels the situation "patently outrageous" and one of our readers, pointing to this interesting story on the BBC, said: "My take from it is what I have suspected all along. At least in the EU (and theoretically in the US), anti-trust law overrides patent protections. The EU is considering anti-trust action against the big pharmacy companies. This is good news especially since I consider that, since Microsoft does so little that is original, the big pharmacy companies have a better case than Microsoft has."

Other coverages of this include:

1. Commission accuses drug developers of blocking rivals

The inquiry has revived calls for the creation of a single European Union patent, an issue that regulators have struggled with for 30 years due to disagreements over the languages used. Kroes said that the preliminary findings of the sector inquiry supported the case for a community patent, which she argued could help avoid litigation and cut costs.


2. Sick babies denied treatment in DNA row

BABIES with a severe form of epilepsy risk having their diagnosis delayed and their treatment compromised because of a company's patent on a key gene.

It is the first evidence that private intellectual property rights over human DNA are adversely affecting medical care.


It is true that some patents may result in unnecessary deaths.

Medicals

Recent Techrights' Posts

Universities Became Bad Places for Work
What happened to academia?
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
 
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day