Bonum Certa Men Certa

Climate of Patent Maximalism (Departure From Patent Quality Control) Leads to More Litigation, Not Innovation

An atmosphere that encourages paranoia and extreme caution does not offer an incentive to move forward

Climate change



Summary: A quick review or overview of today's patent news, or supposed news as presented by patent law firms that strive to attract more demand for their services

"While the Supreme Court has not definitively ruled on it," says this new 'analysis' from a patent law firm. "the majority of federal courts have found that a company’s unilateral refusal to license its patents does not violate Section 2 of the Sherman Act." This so-called 'analysis', i.e. shameless self-promotion or marketing, is titled "Unilateral Refusals to License Intellectual Property". They are actually talking about patents, not "Intellectual Property" [sic] which is a vague term that lumps together trademarks, copyrights, patents and sometimes trade secrets.



Imagine a world where there are millions of "live" (still valid, not expired) patents in many countries which enable cross-border actions through collaborations (Patent Prosecution Highway, Unitary Patent etc.), then picture some small businesses which can barely afford going to court to defend themselves from even a single infringement charge/allegation. What kind of world would that be? Certainly a good world for patent litigators. Patents would, therein, be tools of corporate destruction (small companies are extremely vulnerable) or raiding of large companies by settlement. Patent trolls face no risk (of being sued) as they have virtually no products. Large companies often use trolls as satellites for this reason. Apple, having quite recently lost to patent troll that got a lot of money from Apple (and prior to that from Microsoft), just lost another case, this time to Network-1 Technologies, not VirnetX. As MIP put today, "Apple will pay Network-1 Technologies $25 million to settle subsidiary Mirror World Technologies’ patent litigation in the Eastern District of Texas" (capital of patent trolls). The patent trolls-funded IAM 'magazine' bemoans this verdict where a troll/parasite received 'only' 25 million dollars. Apparently a settlement for as much as 25 million dollars means "depressed patent licensing market," at least if one trusts IAM, which is funded by nasty actors like MOSAID (Microsoft troll and satellite).

"There is still a major battle over patent policy and the perception of patents’ value."On the brighter side of things, the demise of software patents means that a lot of patent trolls are not longer capable of blackmailing companies (it's riskier against large companies which can afford going to court, whereupon the asserted patent/s would be invalidated). Some don't even bother trying anymore. "Buyer beware," says a new article from Forbes today (titled "Yahoo's Patents Are a Pile of Junk, Report Says"). "Little has gone right for Yahoo, which is one reason the flailing tech giant decided this spring to sell off the bulk of its patent portfolio." We saw similar reports last week and last month. After Alice, a landmark 2014 decision, Yahoo's patents (a lot of business methods and software) would no longer have any value.

Also see "Companies Considering Purchase of Yahoo! Excalibur Patent Portfolio Face Major Risk, According to TurboPatent" and "Nearly Half Of Yahoo Excalibur Patent Portfolio Likely Invalid, Unenforceable, Data Suggests". In Twitter, one person told me that "most software patents are piles of junk. Worked on decommissioning 1 Y! [Yahoo] product based on a patent."

Speaking of buyouts, IAM, which now bemoans China's patent bias (as if the West does not have the same kind of bias), points to this press release from Thomson Reuters and says it "point[s] to Asia's rising IP star", whatever that means (they're trying to encourage more patent activity in east Asia, as usual).

There is still a major battle over patent policy and the perception of patents' value. The more patents come into existence, the lesser the value of each pertinent patent. The battle is fought between those who profit from patent maximalism and those who are victims of such maximalism. Guess whose side IAM stands for... follow the money.

Recent Techrights' Posts

Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
 
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025