Bonum Certa Men Certa

Patent Trolls Face More Opposition as Their Share of Lawsuits Increases

TrollSummary: Action against patent trolling seems imminent, but the behaviour of companies like Apple is largely overlooked for now

Parasitical elements in a government-backed scheme are being tackled by the government, which is still investigating the matter. Apple has been suing Android, which it views as a top rival. The aim is to tax (make more expensive) or castrate Android. As one report put it last week:



At the end of August, Apple Inc seemed on top of the world. Fresh off a resounding $1.05 billion U.S. legal victory over arch-foe Samsung Electronics Co Ltd, the company was gearing up to launch the fifth iteration of its iconic iPhone. Just a week prior, its market value had surpassed Microsoft Corp's and it became the most valuable technology company in history.


Things have gotten worse for Apple since then. Samsung phones easily outsells Apple ones and Apple's public identity, that of somewhat of a troll, did its reputation a lot of damage. Trial misconduct [1, 2] does not help, either. As Groklaw put it:

Yet in a later media event at Gizmodo where anyone could ask him questions, Hogan was asked a question about whether he had considered if the patents should have issues, which he answered by contradicting the above instructions:
Demon-Xanth: Did you have the opportunity to ask "Is this something that should be patentable?" during the trial?

Velvin Hogan: @Demon-Xanth No, however it was not the function of this jury to ask that. We were bound to use the law as it is today. The patents were issued the judge instructed us not to second guess the current patent system.
Samsung said he was "deliberately dishonest".


The Federal Trade Commission, which we wrote about in [1, 2], misses the point; it should know by now that the problem is not trolls, it's the system. But addressing the problem by debating it would be a good start:

The Federal Trade Commission and Department of Justice will hold a joint public workshop on Dec. 10, 2012, to explore the impact of patent assertion entity (PAE) activities on innovation and competition and the implications for antitrust enforcement and policy.


"Professor Chien relates (at around 33:55) that in 2012, 61% of all new patent litigation was brought by trolls, that is by entities that don't make anything," remarks Pamela Jones. Here is a new article about the cost of patent trolls:

Patent trolls drain businesses of billions of dollars a year. And if you have a website--any website--you are a potential target. Here's what you need to know if they come after your business.


Here is another article:

For the first time, individuals and companies that do not themselves make anything - commonly known as "patent trolls" - are bringing the majority of U.S. patent lawsuits, according to a study by a California law professor.


The Federal Circuit is said to have another chance to change course and do the right thing:

Federal Circuit Declines Chance to Eliminate Split Involving Standard of Review, Prompting Blistering Dissent



[...]

“Not surprisingly,” Judge Moore explained, “given the clear direction from the Supreme Court, the regional circuits are unanimous that the issue of objective reasonableness under Rule 11 is to be reviewed deferentially by the appellate courts.”


The software patents booster calls it a troll turning point:

On Friday, December 7, 2012, the United States Court of Appeals for the Federal Circuit issued a precedential opinion in Raylon v. Complus Data that gives hope to defendants everywhere who face objectively baseless patent infringement claims.


It seems like the FTC and some high courts still have an opportunity to change course. Let's wait and see. The problem is, there are patent lawyers everywhere, at all levels. They try to guard the status quo and make things worse by assimilation, e.g. in Europe and New Zealand.

Recent Techrights' Posts

The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
 
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026