Bonum Certa Men Certa

Patent Trolls Have a Field Day; University of San Diego/UC Berkeley Study Questions Patenting

Summary: As another bunch of patent trolls shows its parasitic nature, a study is released to show scepticism of patents amongst actual young businesses (not well-established monopolies)

Patent trolls -- can't live with them, can't... well, that's about it actually. A few days ago we mentioned the bogus company which decided to troll everyone who posts press releases. TechDirt puts it succinctly and offers decent interpretation of the case. [original source]

Law.com has an article highlighting how incredibly devastating a bogus patent infringement lawsuit can be to small businesses. In this case, someone hiding behind a series of shell companies is using a ridiculously laughable patent that appears to cover the concept of putting press releases online (6,370,535) and suing a bunch of companies that do exactly that. The article highlights the head of one tiny company -- which, it should be noted, has been in business and doing the same thing since before the patent application was filed -- who is debating whether he should go without a salary or company profits for three years to fight this, or just pay up. It's really a sickening display of how patents are used to seriously harm small businesses.


According to this report just found by Glyn Moody, over 30 companies have also just been sued for daring to remove SPAM.

A Texas company called InNova is suing 36 companies – including Google, Yahoo, Apple, Dell, AOL, Bank of America, RIM and 29 others saying it that all of these companies are infringing on InNova’s patent for – get this – email spam filtering.


Unless Texas does something to change its status as patent trolls haven, lawsuits like this one will continue to harm its reputation. By extension, this is the type of legal action that leads people to saying, "only in America..."

Software patents, frivolous patent lawsuits, and especially patent trolls seem to be phenomena that plague the United States more than any other country. In the EU, for example, it is sometimes being said that patent trolls don't exist (but few do exist and we gave examples before). Pamela Samuelson and Ted Sichelman have just published their Californian study which is more of a survey that they published in O'Reilly Radar and also at Patently-O [1, 2, 3].

To summarise:

More than 1,300 high technology entrepreneurs in the software, biotechnology, medical devices, and computer hardware fields filled out the Berkeley Patent Survey. All of these firms had been started no more than ten years before the survey was conducted. We drew our sample from a general population of software firms registered with Dun & Bradstreet (D&B) and from the VentureXpert (VX) database that has a rich data set on venture-backed startups. (Just over 500 of the survey respondents were D&B firms; just under 200 were VX firms.)


Here are some of the questions and issues they explored:

Why do entrepreneurs and startup companies file for patents? Why not? How often do startups acquire patents from others? How important are patents in fostering innovation at startups? In helping them raise financing? In providing leverage in cross-licensing negotiations? Are entrepreneurs and startups subject to patent thickets?


Glyn Moody found this new item from IP Watch. It indicates that "IPR rights was no incentive," at least according to one person who deals with the field of biology.

Some experts in Europe are coming to agreement that a tipping point might have been reached with regard to biological patents.

[...]

“We noted that IPR rights was no incentive,” said Pelegrina. Instead, feeding the community and adapting seeds to climate change are important motivations. She concluded that the current seed policies imported from industrialised countries do not fit the highly dynamic development of breeding in local communities.


The merits of patents depend on propaganda that emphasises just one side of the scale and ignores all the drawbacks. What the world needs now is balance. Reform is necessary. ⬆

Model balancing

Comments

Recent Techrights' Posts

NVIDIA's Crisis Has Only Just began
NVIDIA Corp (NASDAQ: NVDA) is set to open in the red tomorrow
IBM Has Destroyed Red Hat and Hashicorp, Insiders Say It's the Usual From IBM:
Bluewashing is a death wave
Techrights Was Right About Slop Destroying Development Communities and Projects
Slop does not improve your project. It kills the community. Without community, what is left? A 'botfarm'?
Intercontinental Brigading - Part XXXXXI - Harassment Law and "Things Are Unfairly Asymmetric" (Exploring the Boundaries of Death Threats and Various Threats From America)
the sort of "technofascism" that our country must learn to confront rather than facilitate
 
When Short is Way Too Short (Superficiality, Lowering of Entropy)
Demonstrating how truly worthless social control media was all along
Techrights Hates Slop Bots
They benefit nobody
The Economy is Fine! (If Only for China!)
The future is slop! If not, then it's China's fault! It's "sabotaging" the "Western hey hi" in this "hey hi arms race!"
"IT" as "Musical Chairs" (on the Deck of The Titanic)
Each generation will get worse for "IT"
Salesforce in Trouble, Debt Nearly Quadrupled in 9 Months
Salesforce is perishing in a deep pool of debt
"Microsoft is Next IBM"
The words of a Microsoft insider and responses to that
IRC is Decentralised
Bye, Microsoft Teams/Skype
Links 15/11/2026: Murdoch's "WSJ Buries Stephen Miller's Racism" and "America Has Entered a New Age of Propaganda"
Links for the day
In the UK, GNU/Linux Usage Soared During Microsoft Downtime
since the massive outage GNU/Linux usage soared to over 10%
Google Slop About Richard Stallman Shows Stallman Was Right, LLMs are BS Generators
Google slop is the "new Google"
Spouse of Garrett Needs to Get "Several Firearms" to Feel Safe Amid Divorce (Garrett Has a "Girlfriend" Now)
Seems like Isis and my wife have a lot in common when it comes to Garrett
Vista 11 is Small
Can Microsoft survive the fall of Windows?
Six Richard Stallman and FSF Talks This Month (FSF Staff at Ohio State University)
Dr. Stallman's talks in Ecuador are well timed because of the collapse of the LLMs (slop) pyramid scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 14, 2026
IRC logs for Saturday, November 14, 2026
Gemini Links 15/11/2026: "The Bastards Can Never Win" and "The Last Low-Tech Generation"
Links for the day
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026