Bonum Certa Men Certa

Patents Roundup: More on Patent Shakedowns, IBM Rejoins the Shakedowns Club With Software Patents, China Worries About Patent Certainty (Too Low a Standard)

"The digital version of a protection racket."

"Steve Jobs threatened to sue me, too. [and also] Bill Gates and Steve Ballmer. They’d flown in over a weekend to meet with Scott McNealy. [...] Bill skipped the small talk, and went straight to the point, “Microsoft owns the office productivity market, and our patents read all over OpenOffice.” [...] Bill was delivering a slightly more sophisticated variant of the threat Steve had made, but he had a different solution in mind. “We’re happy to get you under license.” That was code for “We’ll go away if you pay us a royalty for every download” – the digital version of a protection racket."

--Jonathan I. Schwartz, Sun



Summary: Patent news from the United States and new input from China, where there is growing concern about the scope of patents and certainty that granted patents are in fact valid and enforceable (except using shakedowns for 'protection money' or secret settlements)

Patent Litigation Costs and Exploitation Thereof



A lot of firms in the US, primarily but not only patent trolls, take advantage of the high cost of patent lawsuits and basically try to settle with victims (prospective defendants). This is a form of 'protection money' strategy, akin to racketeering or extortion. Even the copyright field/domain now tends to have such parasites, often referred to as "copyright trolls" (a relatively new term, coined only a few years ago). Watch this new article (or blog post) which states: "Most patent holders would agree that licensing patents for revenue has gone from bad to awful — from difficult less than a decade ago, to virtually impossible today."



"This is a form of 'protection money' strategy, akin to racketeering or extortion."This article actually bemoans this, as if more 'protection money' is a good thing. What this article's referrer calls "patent industry" is actually a shakedown industry. "Obstacles to innovation" is just gobbledygook intended to make it sound as though innovation and patents are synonymous and interchangeable. Watch this tweet that says "Rather gloomy article on the state of the patent industry and obstacles to innovation" (nothing to do with innovation).

Remarking on this article, Julian wrote: "What an awful article. It refuses to admit that trolls are a problem, sees no flaw in the idea that litigation should be easy. It also believes patents should be "in the middle." No. Patents exist for public good. There is no "middle.""

IBM Now Acting Like a Patent Troll (Microsoft's Anti-Linux Strategy)



IBM now does to the Internet what Microsoft has been doing to Linux.

"IBM now does to the Internet what Microsoft has been doing to Linux."As noted here yesterday, IBM continues to extort companies with software patents it has amassed like an arsenal (by the thousands per year), and this time it's Priceline facing the firing line. J Nicholas Gross, "Berkeley IP Law Master" by his own description, wrote that "if IBM cant stop patent infringers who can? Priceline "refused to engage in any meaningful discussion on merits" [meaning agree to pay for software patents that are unproven in court, only in the biased and increasingly reckless USPTO]"

"So basically, IBM is now on a warpath of patent extortion using software patents (amid many IBM layoffs)."Here is an article about it which says: "A federal judge has denied several travel and reservation websites' objections to a report and recommendation that International Business Machines' patent infringement lawsuit against them should proceed."

So basically, IBM is now on a warpath of patent extortion using software patents (amid many IBM layoffs). Just like Microsoft. And we're supposed to actually trust IBM's OIN? It's not even so effective. Here comes a new red herring from IBM's patents chief, who pretends that the only alternative is having no patents at all; well, almost nobody suggests abolishing the whole thing, just software patents. How nice of Manny Schecter to mislead people like this, even with false dichotomies. IBM is becoming increasingly shameless about its patent aggression, even aggression using software patents, i.e. patents that are dubious anyway. Schecter spends too much time hanging out with patent maximalists like Gene Quinn and it truly shows. IBM becomes more like IAM. As the latest figures from Bliski Blog help show, a lot of software patents are still being ruled invalid by US courts. To quote the latest from Bliski Blog (second article in 2 days, which is rare as there are only about a dozen posts per year): "March 2016 is the first month since Alice was decided that the number of decisions upholding patents (15) exceed the number of invalidating decisions (12). However, this is not a sea change. Rather, it's an artifact of the data: on March 22, 2016, Judge Robinson (D. Del.) released four decisions denying motions to dismiss that had been pending for many months. The clustering of these four decisions spiked the numbers. More important is that underlying trend of invalidating decisions continues upwards."

"It's rather disappointing to find that China and the US moved closer into alignment when it comes to patents."Tell that to IBM. It's now that confidence in software patents is on the decline (like the number of IBM employees) that IBM chooses to attack perfectly legitimate companies using patent lawsuits.

"Supreme Court vacate Alice patent decision," as the author of Bliski Blog (Robert Sachs) put it, and "UPSTO reacts" (we covered this before).

China



China's own Supreme Court (Supreme People's Court) has meanwhile remarked as follows, based on the USITO: "On March 22, the Supreme People's Court (SPC) issued a new legal interpretation that will impact patent infringement case resolution. The policy, called the "Interpretation of Several Issues Concerning the Trial of Patent Infringement Dispute Cases (II)" (henceforth "Interpretation II"), will be implemented beginning on April 1."

"Low-quality patents for the sake of quantity take their toll."One of the points made there is: "With the compromise interpretation principle, strengthen functions in the publicity and delimitation of claims and increase the certainty of the scope of patent protection" (something which decreased in the US following Alice).

It's rather disappointing to find that China and the US moved closer into alignment when it comes to patents. They basically patent just about everything under the Sun (or the Dragon) and now there's low confidence that patents will actually endure in the courts. Low-quality patents for the sake of quantity take their toll. ⬆

Recent Techrights' Posts

European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026