Bonum Certa Men Certa

Red Hat Pushes for Patent Reform While Microsoft Patent Trolls Are Suing, Sometimes Losing

Ducklings



Summary: As expected, Microsoft offsprings (sometimes offshoots funded by Microsoft) go after Microsoft's competitors using software patents while Linux leader Red Hat asks SCOTUS for help

FREE software faces some obstacles due to patent trolls, who statistically thrive in software patents. Microsoft recently got a deal with Acacia and ACCESS [1, 2, 3, 4], just around the same time that Red Hat signed an NDA with Acacia, as last mentioned in here (Spanish version also available).



In order to harm Free software Microsoft needs only to elevate its cost, which harms redistribution rights. The NDA with Red Hat is quite likely to have been such a case and given Microsoft's connections with Acacia, this oughtn't be ignored.

"Red Hat Joins Brief Filed with U.S. Supreme Court Opposing Expansion of Standard for Inducing Patent Infringement" says this new page adjacent to a press release which was followed by some press coverage:

Tuesday, Red Hat, Inc. (RHT), the world's largest seller of linux software, said it has joined a writ filed with the U.S. Supreme Court seeking correction of the standard for abetting patent infringements.

[...]

Rob Tiller, Red Hat's assistant general counsel for IP, said the problems of bad software patents is aggravated by the Federal Court's decision.


More press coverage can be found in the press near Red Hat's headquarters/centre of operation (which is reportedly going to move, maybe even outside the United States where software patents are out of control). "Red Hat joins battle against patent case at Supreme Court" says this headline.

Red Hat (NYSE: RHT) and several other technology firms have weighed into a Supreme Court battle over a lower court ruling that they believe “threatens to expand patent litigation.”

The “friend of the court” brief argues that parties with direct knowledge of a “specific patent at issue and covers the alleged infringing activity” are liable.


It is possible that after the i4i case escalating to a decision in SCOTUS there will no longer be a great threat to Red Hat's business. There is also the Research Corp. v. Microsoft case which Patenly-O reports on:

There are three articulated exceptions to the scope of patentable subject matter under 35 U.S.C. €§ 101: laws of nature, physical phenomena, and abstract ideas. Research Corp. v. Microsoft places a high hurdle in front of challengers who seek to invalidate process patents on the third ground.


As we stressed last week, Microsoft is running out of viable products and it is increasingly becoming a patent troll in some areas of operation. Extensive use of patents is a symptom of dying companies and Nortel is the latest example of this. Previous examples were Sun and Novell. Even "Kodak becomes a patent troll" according to the FFII's president's interpretation of this article. We wrote about Kodak in the context of patents several times before [1, 2, 3, 4]. Companies turn to patents only when they lose. Watch Rambus getting called a "troll" for example:

PATENT TROLL Rambus has leveled a fresh complaint against its competitors.


For background also see [1, 2, 3, 4, 5, 6, 7, 8, 9].

It is important to remember that Microsoft need not sue its rivals for alleged patent violations directly. Microsoft is breeding major patent trolls, including Traul Allen with Interval, which allegedly got its lawsuit against the entire industry (except Microsoft) dismissed. [via]

Paul Allen's patent infringement complaint against the world and its dog has been dismissed.

The court agreed with Google et al that it "lacks adequate factual detail to satisfy the dictates of Twombly and Iqbal" and also "fails to provide sufficient factual detail as suggested by Form 18". The court doesn't agree with Allen's Interval Licensing that the two cases do not apply to patent complaints, but it doesn't even need to go there: "The Court does not find it necessary to determine whether Form 18 is no longer adequate under Twombly and Iqbal because Plaintiff's complaint fails to satisfy either the Supreme Court's interpretation of Rule 8 or Form 18."


Pamela Jones seems like the only person to have reached this conclusion, which Glyn Moody doubts due to insufficient evidence. Groklaw also said that SCO was over on many occasions since 2007, but when Jones said so she did not mean it in the technical sense. "Merry Troll Christmas, legal eagles," she exclaims regarding the Traul Allen case. We shall wait and see if the corporate news can confirm this.

In other news, Slashdot's summary says that Microsoft's "World's Largest Patent Troll Fires First Salvo":

"Yesterday the biggest software patent troll of all finally woke from its slumbers: Intellectual Ventures filed patent infringement complaints in the US District Court of Delaware against companies in the software security, DRAM and Flash memory, and field-programmable gate array industries. Intellectual Ventures was co-founded by Microsoft's former CTO Nathan Myhrvold, with others from Intel and a Seattle-based law firm."


We wrote about it some days ago and so did Jones, who added: "What a surprise. Microsoft competitors getting knee capped." It is now covered in very many sites, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. Well, 'companies' like that should not be allowed to exist in a sane system so "to Übertroll Intellectual Ventures," writes Glyn Moody, "I say: bring it on". He hopes they'll show how broken the system really is:

This harping on “invention” and “innovation” is rather misleading. As far as I can tell, it doesn't really invent anything for the purpose of commercialisation, manufacture or sale: it just comes up with ideas and applies for patents on them (or buys patents from others). Its business model is founded on amassing a huge collection of patents, and then getting companies to licence them - whether they want to or not - because their inventions are or may be “infringing” according to Intellectual Ventures.

It's clear from this that the real invention is done by other companies who devise things they want to sell; IV, by contrast, thrives by exacting a tax on innovation done elsewhere. It can do that because of the flawed US patent system, which does not allow independent invention as a defence against allegations of infringement. That is, even though you provably didn't “steal” another company's idea, but came up with it on your own, if someone else patented it - or something similar enough - first you still have to pay for the “right” to use your own invention.

Of course, this is absurd: the whole premise of the patent system is that it should encourage as many people as possible to innovate, but this aspect actually punishes it, because it makes independent research vulnerable to this kind of penalty. That means companies will be less inclined to invest in research if they think there's a chance they may get scooped in filing for the result - something that's hard to tell in advance. Moreover, with the growth of ever-vaster patent thickets, it is increasingly difficult to come up with any new product that does not touch on one or more existing patents, especially when they are framed as vaguely as possible precisely for that purpose.

What makes Intellectual Ventures different from all the other patent trolls that live off others' work is the scale of its operations. Nobody really knows the extent of its holdings, but the consensus is that we are talking about over 30,000 patents - an extraordinary number of government-granted intellectual monopolies.

[...]

I do so, because it could well be the coup de grace for the dysfunctional US patent edifice, already tottering. It would cause so many companies to turn against Intellectual Ventures, and rightly to blame the patent system that allows IV to exist, that real reform might at last be possible.


Facebook's founder was reportedly hanging out with Intellectual Ventures' founder whilst also buying extra patents from dead/dying companies and using software patents aggressively. Now that Facebook is being sued for patent infringement (again) it deserves no sympathy.

A little-known San Antonio software developer has filed a patent-infringement suit against social networking giant Facebook Inc.


Will Facebook turn to its buddy Nathan Myhrvold? Facebook is very close to Microsoft.

Recent Techrights' Posts

EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
 
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026