Bonum Certa Men Certa

The Collapse of Patent Maximalism: Latest Major Setbacks for Software Patents and Patent Trolls

Those seeking to perpetually maximise the scope of patents are now on the retreat

Maximum
Limits exist for a reason



Summary: Patent news from India, Australia, and the United States (the Eastern Texas district in particular), where parasites insist that when it comes to patents more is necessarily better

LEAVING the EPO aside for a moment, we now have time to cover the latest news about software patents in India, in Australia, and in the US. There is a worrisome growing movement, led to a large degree by large US multinationals (monopolistic corporations). It's a distinguishable lobbying movement which is trying not just to preserve software patents in the US but also expand these to every country on this planet. It's very clear to see what they are hoping to achieve and this has nothing to do with innovation, just protectionism and power.



"This is great for Indian software companies."As mentioned here in recent days [1, 2], opponents of software patents now celebrate somewhat of a temporary/conditional win because, to quote the corporate media in India (Economic Times), "India's patent office has put on hold guidelines that would have allowed patenting of software, a move being hailed as a big win for domestic startups.

"Indian law on granting patents for software is a gray area. In August, the Indian Patent Office interpreted the law to mean that if a software had industrial applications it could be granted a patent."

"The lobbyists of the likes of IBM and Microsoft won't be happy about it; neither will their patent lawyers."The war is not over, but opponents of software patents bought some time and it seems apparent that their arguments are gaining traction among Indian politicians. This is great for Indian software companies. The lobbyists of the likes of IBM and Microsoft won't be happy about it; neither will their patent lawyers.

Speaking of patent lawyers (parasites in the area of patents and often the couriers of large corporations with monopolies to protect), watch what patent lawyers based in Australia write about patent scope today [1, 2]. They are clearly upset that it's not easy to patent software and "computer-implemented business methods" -- whatever this may actually be (a combination of two controversial patent domains a la Bilski case). They're whining about this down under in Australia. Curiously enough, no software developers who are Australian seem to worry; that's because they don't want such patents.

"Curiously enough, no software developers who are Australian seem to worry; that's because they don't want such patents."In other patent news, two patent aggressors, Apple and Ericsson [1, 2], decided to stop fighting. As WIPR put it (based on this original statement):

Technology companies Ericsson and Apple have agreed to settle all outstanding patent litigation.

In an announcement today, December 21, both parties said they have inked a global cross-licensing agreement that covers standard-essential patents (SEP) owned by Ericsson and Apple and “certain other patent rights”.

Further details of the agreement were not disclosed, but both parties confirmed the deal will last for seven years.


Ericsson has been using patent trolls as satellites or proxies -- a fact that we have supported/backed with extensive evidence in many of our previous articles (even years ago). Speaking of patent trolls, they too have a lot worry about right now. Over in Texas, the breeding ground of patent trolls, not only was the troll known as eDekka [1, 2, 3] stopped but it was also forced to pay. As Boing Boing put it: "The plaintiff-friendly East Texas district has long been patent trolls' favorite place to file lawsuits, but one was so egregious that even their favorite judge has not only shut it down, but awarded costs against them."

"It shouldn't be overlooked that the large majority of patent trolls are using software patents."WIPR wrote that the "US District Court for the Eastern District of Texas has dealt a new blow to licensing company eDekka, ruling that a claim for a patent covering a computer storage system, which it asserted against more than 200 companies, was “objectively unreasonable”."

The EFF has meanwhile asked the court to extend such judgments, saying in its announcement: "Getting a patent demand letter from a troll can be a scary experience. The letters often include a lot of legal jargon, not to mention a patent that is often impenetrable (at least, not without hiring an expensive lawyer to translate it for you).

"But suppose you are concerned that the patent may impact your business. After trying to reach an agreement with the patent owner and failing, you may be told by your lawyer that the next step is to go to court."

It shouldn't be overlooked that the large majority of patent trolls are using software patents. By eliminating software patents we can actually help stop a lot of the trolls. Obsessing over trolls alone sometimes misses the point. We've repeatedly stressed this key point for at least half a decade now.

Recent Techrights' Posts

Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
 
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out