Bonum Certa Men Certa

Ridiculous Patents at the USPTO, Trolls as 'NPEs', and an Update on Microsoft-Connected Patent Trolls

Summary: A roundup of patent news and in particular news pertaining to software patents, trolls that threaten Free software, and media bias

EVERY NOW and then Techrights covers examples of patents -- not necessarily software patents -- which show how ridiculous the patent system has become, especially the USPTO.



Some days ago the EFF wrote about a patent on how to film a yoga class -- a patent similar in some sense to Amazon's patent on photographing objects with a white background at the back.

EFF recently learned about a patent that covered a method of filming a yoga class. We reviewed the patent and discovered that it was just as ridiculous as it sounded. Despite our familiarity with absurd patents and our concerns about cursory review at the Patent and Trademark Office (PTO), we were still surprised that this one issued. It seemed the so-called “invention” wasn’t the kind of thing that should be patented at all—or at the very least, was not something novel or nonobvious. Yet another stupid patent, and winner of our October accolades.


Another new article from the EFF says that a "patent troll [was] hit with double fee award". "Lumen View is a typical patent troll," says the EFF. "Armed with a vague patent on “facilitating bilateral and multilateral decision-making,” it sent out aggressive letters demanding payment. It refused to explain how its targets actually infringed its patent. Instead, it made shakedown offers it knew would be less than the cost of defending a lawsuit. When startup FindTheBest spoke up about Lumen View’s tactics, the troll asked for a gag order. Thankfully, Judge Denise Cote of the Southern District of New York refused the troll’s censorship demand."

Now everyone is against patent trolls. The plutocrats' paper, Forbes, calls them "Non-Practicing Entities" in this "interview Shawn Ambawni the COO of Unified Patents." (not to be confused with the proposed European Unified Patent Court)

"Unified Patents" issued some numbers on decrease in patent litigation although its numbers where not quite as encouraging as those from Lex Machina and they tried to paint it as a troll issue, not a patent scope issue. Here is the original spin with the "NPE" euphemism for trolls.

Instead of chastising the real patent aggressors, corporate media likes to pick on companies like Google (because Google stopped pursing real reform). It's just too popular to pick on Google and not companies that are aggressive with patents and use them against Google, e.g. Apple, Oracle, and Microsoft.

The corporate media, USA Today for example, continues to reveal its support for abusive litigation with patents by big companies and trolls (referring to trolls as "NPEs") and a patent maximalists' Web site writes about Wi-LAN, a very notorious troll, as though it's an "NPE" too:

Japan’s ROHM Semiconductor has entered into an agreement with Wi-LAN which will see it transfer a portfolio of patents to the Canadian firm. This is the latest deal in which a Japanese technology company – traditionally a very conservative bunch when it comes to aggressive IP monetisation – has teamed up with an NPE in an effort to improve returns from its patents.


From the same patent maximalists' site comes an interview where Lemley says: "The tech industry is not monolithic – Apple and IBM, and increasingly Microsoft, are actually now fairly vocal proponents of patents as they become sort of more mature companies and see their market share being taken away by others. My guess is that if you asked engineers in the software world they would say, maybe not universally, but almost to a person, we’re on a roll lets just get rid of them."

In other news about trolls, Acacia has just been defeated and here is an interesting observation about Intellectual Ventures (both are Microsoft-connected):

How can they have more subsidiaries than IV? Or rather, how can their fewer-than-IV-subsidiaries have filed more lawsuits than IV’s? It’s possible and highly likely because Joe’s a very thorough guy and wouldn’t say that if it weren’t true. It’s just surprising that I didn’t know that because I pride myself on knowing all the things about all the trolls.


One sure thing is, patent trolls and big trolls such as Microsoft continue to be defended by some of the largest (and corporations-run) media, leaving everyone in a state of anxiety and disarray. The patent system as it stands at the moment serves virtually nobody except the richest people and richest corporations. It's a system of protectionism.

Comments

Recent Techrights' Posts

The Administrative Council of the European Patent Organisation Has More Reasons Than Cocainegate to Vote for Real Change in the European Patent Office
This is about democracy and accountability in Europe
Within Weeks, Clownflare Has Collapsed Again, Time to Dump Clownflare
It's run by amateurs who, even if you maintain your site perfectly well, will render it inaccessible without prior notice
 
Links 05/12/2025: More Restrictions on Social Control Media and Slop, "Hype Can Turn to Backlash"
Links for the day
Like With Red Hat and Other IBM Acquisitions, the RAs (Layoffs) Seem to Already Extend to HashiCorp
Of course it is possible that HashiCorp staff just got PIP'ed or saw the writings on the wall and left [...] IBM is just a dying giant
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 05, 2025
IRC logs for Friday, December 05, 2025
Massachusetts Institute of Theft (MIT) Nowadays in the Business of Selling SPAM to Prop Up Fashionable Pyramid Schemes
There is nothing benign about it, more so when they misuse the MIT brand to lend credibility to elaborate schemes or scams
Many IBM Departures Today (Last Friday)
Way to go, IBM leadership
Gemini Links 05/12/2025: Need for Simpler Systems, Molecular Dynamics, and More
Links for the day
Slopwatch: Not Much Today, Same as in Recent Weeks
Google News got 'conned' (maybe willingly) by one operator of several (at least 3) slopfarms that trash "Linux"
On IBM: "More Layoffs in Minnesota Are Coming" (Unverified Hearsay, for Now)
IBM is having loads of layoffs before the holidays
Links 05/12/2025: Openwashing by Microsoft's 'Open Source' Initiative, Unauthorised War Without Boundaries/Borders Waged by US
Links for the day
Finnish Politician Aura Salla Says Finland Must Dump Microsoft, Citing Security and Control Reasons, Not Costs
She says Finland should quit using Microsoft
Does This Pass the NDA "Sniff Test" at IBM?
In many companies, those who suck up to management get ahead
Links 05/12/2025: Slop Harming Democracy/Elections, More Bans Around the World on Kids' Use of Social Control Media
Links for the day
IBM Has No Layoffs, According to IBM, and According to the Media Parroting IBM
Another day of parrots (losers) who call themselves "journalists"
IBM Will Make You Unemployed On Christmas Eve
lists of people to cull
Cars Getting Worse and More Lethal
Who will be held accountable?
To "Take Back Control" Start With Actions Against 'Tech' (Mass Surveillance, Mass Censorship, Mass Control) Monopolies
collusion, price-fixing, a "cartel" of sorts
Beyond the Hype: Almost Nobody Uses Chatbots, Not Even 1% of Activity Online
3 years ago when Scam Altman (Microsoft) acted as if Google (search) was doomed a lot of the press got paid to pretend this was true
Rumour That Another IBM Round of Mass Layoffs (RAs) in Preparation Before the Current One is Even Completed
IBM still has strong brand recognition (because of its age and past might), but that won't last forever
Techrights Publication Pace to Increase Next Year
one is encouraged to stay indoors
Upgrading the Site
Debugging might be needed, so feedback helps
Why Microsoft is Panicking
Keep advocating (or "marketing") GNU/Linux to Vista 10 (or Vista 7) users... there are still over a billion of them "out there".
Web Developers in the US Can Already Disregard Mozilla, Firefox, and Firefox Users
"Last month, Firefox turned 21"
The Fate of "Blockchains" and "Metaverse" as a Sign of Things to Come for Slop ("AI")
Doesn't that tell us a lot about the modus operandi of these companies?
A Year After the Owner of X (Twitter) Performed Several Nazi Salutes on Stage the Germany-Based and Microsoft-Funded 'FSFE' Decides to Exit X (Twitter)
Will the real Free Software Foundation (FSF) follow suit?
EPO: What Comes Next
European media seems to have been sedated by soft bribes from cocaine addicts
Slopwatch: The Volume of Slop Has Certainly Gone Down a Lot Lately, Slop Image Providers Abandoned/Changed
It's a big improvement compared to past months
Thousands Laid Off at IBM, "Last Day" Yesterday
IBM is a dying company. This is a problem for Red Hat.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 04, 2025
IRC logs for Thursday, December 04, 2025
Gemini Links 05/12/2025: Espressif ESP32-C5 UEXT Module, Pixelfed, and the Web Getting Much Worse
Links for the day
Links 04/12/2025: "People Hooked on [Slop] Far Are More Likely to Experience Mental Distress", Monopolies in Europe, and "Blogging Makes Me Feel Like A Worse Writer"
Links for the day
Dr. Andy Farnell: Can we regain control (of technology)?
"Technology as spiralling mass hysteria has the unsettling potential to draw even rational sceptics like myself into disaffection"
Links 04/12/2025: "Hey Hi" Implosion and Half of Europeans See Cheeto Trump as Enemy of Europe
Links for the day
Communication Needs Open Standards and Open Data
Standards are imperative
The "Hey Hi" House of Cards
The "Hey Hi" bubble is living on borrowed time (days or weeks) and it can implode any time now
Supporting the Free Software Foundation (FSF) Also Supports GNU Development
The FSF is mostly raising money to pay salaries
IBM's "AK Sez" Campaign
In today's media, to be characterised as important and smart one needn't be important and smart
Microsoft's Vista 11 Not Gaining, Just Plateauing or Even Going Down (Over Time)
"Desktop Windows version Market Share Worldwide"
Bubbles Popping, "Hey Hi" (AI) a Passing Fad
"Microsoft slides amid report it's cutting software sales quotas tied to AI"
At The Register MS, "Exclusive Webinar" Means Sponsored Video Ad Disguised as an Article
Why would one choose to watch these?
IBM Forces Staff to Sign an NDA If They Want Severance Package, in Effect Bribing Them or Denying Them Money They're Entitled to If They 'Disparage' IBM
We wrote about the legality or illegality of this in relation to Microsoft two years ago
IBM and Red Hat Not Done With 2025 Layoffs ("RAs") Yet
IBM isn't quite done laying off people this year, with only 3 weeks till Christmas
Gemini Links 04/12/2025: Christmas Looms, Devuan, and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 03, 2025
IRC logs for Wednesday, December 03, 2025