Bonum Certa Men Certa

Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow

IBM logo on media



Summary: Patent aggression and patent lobbying from IBM is a growing problem, especially now that patent lawsuits are on the decline and software patents are going away

Thomas F. Cotter, a Briggs and Morgan Professor of Law (from the University of Minnesota Law School) wrote about Mexico's patent law, invoking some drool-dripping 'IP' academics (Mike Schuster in this case) who say that in "Mexico, patent damages must be 40% of public selling price of infringing products..."



"Under the new CEO, or so it would seem, IBM is back to the days of suing companies like Sun."IBM's patent chief, who keeps plotting and scheming to blackmail the whole industry using software patents, cited the above 'IP' academics and noted that: "Patent damages would seem to be (potentially) quite high..."

Remember that IBM is now suing various companies and shaking them down for patent payments. Under the new CEO, or so it would seem, IBM is back to the days of suing companies like Sun (Florian Müller once called them "International Bullying Machines").

We remind readers that today's IBM is nothing like the IBM of 5 or 10 years ago. The company is still manipulating the media and lobbying for software patents, much to the detriment of just about every software company. "A large % of US companies are software companies," wrote this patent attorney the other day. "Their patent applications are being inordinately rejected at the USPTO."

I told him that software patents are being used against the vast majority of software companies (small ones), basically destroying them. This is the kind of thing that IBM and other patent maximalists are promoting. They worry that their plot is coming to an end, especially due to Alice and PTAB. The number of patent cases in the US courts has gone down sharply (as of 2016's end) and MIP puts it all in a table, explaining the numbers as follows:

A total of 4,580 district court cases were filed in 2016, down from 5,775 in 2015.

This is the lowest number of district court patent cases since 2011, when 3,899 cases were filed, according to Docket Navigator figures. That year was the last before the American Invents Act came into effect.

The average monthly number of cases in 2016 was 382, down from 481 in 2015, 418 in 2014, 508 in 2013 and 455 in 2012.

The fourth quarter of the year saw 1,170 cases filed, up from the 1,138 cases filed...


Looking at utility patents alone (not software patents), Patently-O gives an impression of growth, even charting the numbers along with faces of USPTO Directors. To quote Patently-O: "The chart below shows the number of utility patents granted each year for the past few decades. I have included images of PTO chiefs as well. Although only small view of PTO work-product, the dramatic shifts in the number of grants (all occurring while facing a large backlog of cases) helps highlight the importance of the role of PTO Director. You’ll note that more utility patents were issued in 2016 than any prior calendar year – 303,000. However, the rate-of-increase seen under Dir. Kappos is clearly gone."

David Kappos, 'formerly' IBM (still paid by them, now paid to lobby for software patents), has been a terrible Director whose lobbying at the moment puts the patent office at the bottom of ethical standards and brings it into disrepute. The graph mentioned above (with animation) serves to show just how terrible Kappos was in the quality control sense. For IBM to still be paying him, especially for something as notorious as software patents and lobbying, is a terrible idea. ⬆

Recent Techrights' Posts

More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
 
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026