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

Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
 
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers
63-Page Response to the EPO's Effort to Decrease the Salaries of Workers While EPO Management Snorts Cocaine for 20,000 Euros a Month
"Read more in these written comments we sent to the members of the GCC"
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025
Governments That Financially Benefit (Profit) From the EPO Have a Long History of Covering Up Fraud and Corruption at the EPO
Many people are aware of it, even some of the biggest EPO stakeholders
Our Time in London
10 Days Ago We Were Down in London
Giving Red Hat a Second Life and Second Chance: Drop the LLM Slop, Stop Publishing Promotion of LLMs or Text Made by LLMs
For Red Hat to earn more trust it needs to quit participating in the biggest "pump and dump" pyramid scheme since the 1990s
Gemini Links 09/11/2025: Garden Room Complete, FreeBSD 15.0 on the ThinkPad T480, and Known Gemini Caspules Sorted by Number of URLs
Links for the day
Links 09/11/2025: Fung-wong Strikes Maharlika, "Open" "AI" Wants Taxpayers to Give It Bailout Money
Links for the day
Links 09/11/2025: "Avoid MSI Graphics Like the Plague", Harms of Social Control Media More Widely Recognised
Links for the day
Rocky Linux's Embrace of Mindless Cargo Cults Will Harm Rocky Linux in the Long Run
focus on technology, not marketing that defrauds many people and plagiarises many producers
Many of Red Hat's Official Blog Posts Seem to be Fake, Written at Least Partly by Bots (LLM Slop)
Can one trust Red Hat on technical things if it cannot even write words?
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day