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

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
 
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled