Bonum Certa Men Certa

Patents Roundup: Apple Versus Android/Linux, Leigh Rothschild Versus Everyone, Patent Lawyers Versus Patent Reform and Progressivism

Leigh Rothschild Photo source: Intellectual Ventures



Summary: News collated which pertains to software patents, especially those which affect Free/libre software

TODAY'S series of links is divided based on themes, starting with what we deem most important.

Apple's Attacks on Free Software



Joe Mullin is flabbergasted by Apple's vicious assault on the Linux-powered platform that reduced the 'i' empire to rubble, with at most 18% market share (depending on the source and the geography).

"All that Apple does is dissemination of DRM, maximisation of (weaponised) patents, and exploitation of public ignorance/apathy to 'sell' (actually rent) proprietary software on overzealously locked-down hardware."Android rose to unbeatable levels of dominance despite Apple's assault (remember that Apple started it 5 years ago) and in one legal case alone there are now "3,200 documents [...] not including exhibits." Imagine the cost of legal defence here. Apple and Samsung are still fighting in court and "Koh's recent orders suggest she is fed up with the intense litigation by both parties," Mullin notes. "The case docket for the first of two Apple v. Samsung lawsuits now has more than 3,200 documents in it, not including exhibits. Last week, Koh issued an order prohibiting the parties from making any further additions without permission."

This is, at the very least, deterrence. More importantly, it's Apple greed (it wants billions of dollars from Samsung). Apple is just hoping that companies with pockets less deep than Samsung's will simply give up and pay Apple for profits made through distribution of Android (Free software). This is clearly an attack on Free software, so anyone still insisting that Apple likes "Open Source" is about as delusional as people who deem 'i' products superior and worthy of the high price tags.

Several years ago we openly and unambiguously called for a boycott of everything "Apple". The company is malicious and it is dangerous to the future of Free software. All that Apple does is dissemination of DRM, maximisation of (weaponised) patents, and exploitation of public ignorance/apathy to 'sell' (actually rent) proprietary software on overzealously locked-down hardware.

Rothschild Connected Devices 'Innovations'



Joe Mullin, covering and citing the original rant from the EFF, expands on Rothschild Connected Devices Innovations, which is essentially a patent troll. He provides some details on what Leigh Rothschild, whom the world's biggest patent troll (Intellectual Ventures, Microsoft-connected) glamourises, has been up to:

Patent-holding company Rothschild Connected Devices Innovations (RCDI) owns US Patent No. 8,788,090, which was granted in 2014 and describes a system where a "remote server" "transmits" a "product preference" via a "communication module." Using those broad claims, RCDI has sued more than 20 companies for making things that connect to the Internet. The company sued ADT (PDF) over its Pulse product that allows for things like adjusting a thermostat.

The patent relates to an application filed back in 2006 that essentially describes an Internet drink mixer. A consumer can customize products by connecting to a server on "the global computer network, e.g., the Internet," which can then "provide product preferences of a user to a product or a mixing device, e.g., a product or beverage dispenser."


This is an example not just of patent trolling but also software patents, which are the weapon favoured among patent trolls. If the latter can be eliminated, much of the former too will vanish (go bankrupt). This is why we emphasise the need to combat software patents (scope), not just "trolls", however one defines them (definitions tend to vary somewhat as some very large companies act indistinguishably from classic patent trolls or patent sharks).

Changes Afoot



There are more new signs of the US patent system tightening. Yesterday for example Foley & Lardner LLP published an analysis of another criterion (not "abstract") by which patents can be squashed in US courts, even the notorious Court of Appeals for the Federal Circuit (CAFC). To quote the analysis: "As noted in the Federal Circuit decision, Dow Chemical Company asserted selected claims of U.S. Patent No. 5,847,053 and U.S. Patent No. 6,111,023 against NOVA Chemicals Corporation (Canada) and NOVA Chemicals Inc. (Delaware). A jury found the asserted claims to be infringed and not invalid, and the Federal Circuit affirmed, holding, among other things, “that the asserted claims were not indefinite.” The district court then conducted a bench trial for a supplemental damages period through the expiration date of both patents, granted $30M in supplemental damages in the form of lost profits and reasonable royalties, and denied Dow’s request for enhanced damages. NOVA appealed, and Dow cross-appealed."

Earlier this year we wrote about the Nautilus case. This too is relevant here. "Applying the Nautilus standard," says Foley & Lardner LLP, "the Federal Circuit held that existence of multiple methods that could lead to different results and the absence of guidance in the patent or prosecution history as to which method should be used rendered the claims indefinite because they “fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.” The court therefore reversed the $30M supplemental damages award."

This ought to discourage litigation, filing of new patent applications that are similar in nature to the above, and generally feed back (like in a loop) into the US patent system so as to modify examination guidelines, in very much the same way that Alice has done since last year. See this new article titled "After Alice: A Feedback Loop of Software Patent Invalidity". The article comes from the pro-patents media (whose audience is patent lawyers) and it's summarised as follows: "Ever since a major patent decision handed down by the U.S. Supreme Court last year, patents have seemed to be invalidated right and left. But is that a result of the decision itself, or because of the feedback loop caused by the process by which patents are challenged?"

They are trying to dismiss the legitimacy of the decisions by casting them as an "echo chamber" of sorts. Well, that's what one might expect from the patent profiteers, even thought some patent lawyers' blogs already acknowledge that software patents may be on their death throes.

IP Kat, a blog run by patent lawyers (and other monopolies like copyrights, trademarks, etc.), is still openly concerned about voices of reason, or published opinions from people who don't profit from this corrupt system of protectionism by patent monopolies. Watch this latest dismissal of The Economist's pair of articles.

"No," insist sthe patents proponent, "what these articles are ultimately intended for is to try and set the narrative by which the patent system is discussed. To this end, economics is merely a hand-maiden. In so doing, The Economist joins a long tradition. We have seen the struggle to control the patent narrative played out several times in the recent past."

OK, so the lawyers are upset at an opposing (not dissenting) view and insist that The Economist is basically trolling (in the Internet troll sense of the word). "No," continue this particular lawyer (second in this blog this week to write about The Economist's articles from one month ago), "this Kat is not an IP Luddite. The patent system and the laws underlying it can certainly be improved. But this is not what the two pieces in The Economist are about."

It was perfectly clear what The Economist meant to say. Rather than tip-toeing and making decorative, minor changes to a broken system (like all of these proposed 'reforms' we keep hearing about) the writers/editors at The Economist wish to just scrap the entire lot, potentially starting from scratch (if at all). Seeing the patent lawyers squirm over this very idea is hardly surprising. Their want their share. They want to tax everything, even if nobody needs them at all.

"We cannot hope to own it all, so instead we should try to create the largest possible market and insert ourselves as a small tax on that market."

--Nathan Myhrvold, Microsoft at the time (now a patent troll)

Recent Techrights' Posts

Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
 
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025