Bonum Certa Men Certa

Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

China is copying a failed experiment

Chinese teapot



Summary: A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly

PATENT scope went out of control back in the days of David Kappos and some of his predecessors at the USPTO. They made it their goal to simply increase the pace of patenting irrespective of patent quality -- the same mistake the EPO is now making under Battistelli's truly awful leadership. In the process, the USPTO granted a lot of patents on software (algorithms). This, in turn, gave rise to patent trolls.



Speaking of patent trolls, remember Finjan? It is a nasty patent troll that received money (along with other support) from Microsoft and now goes after legitimate companies. Its new press release (from today) says in the summary: "Avast's Acquisition of AVG Has Resulted in Claims for Breach of Contract and Infringement on Finjan's Patents" (suing via Finjan Holdings, as usual).

Trolls will be trolls.

"Speaking of patent trolls, remember Finjan? It is a nasty patent troll that received money (along with other support) from Microsoft and now goes after legitimate companies."Remember that Thomas Edison (now a patent icon) was a patent troll; he was not an epic inventor but a famous 'thief' (of ideas). Now see this new article by Jason Rantanen regarding a book he has read. "I recently read Graham Moore’s The Last Days of Night," he said, "a tale about the patent war between Thomas Edison and George Westinghouse from the point of view of Paul Cravath, the young lawyer representing Westinghouse (and yes, that Cravath). The book is historical fiction (which means that it consists of made up/condensed elements set within the broader landscape of historical evidence), but many of the themes within it ring true today. Among them are divergent views of the role of patents in technological development. Edison personifies the corporation-as-inventor, with his organized system for inventing. Westinghouse embodies the practical aspects of invention–the need to take a technology and make it into a commercial reality. And Nikola Tesla is the “flash of genius” inventor who invents for the love of inventing rather than for material rewards."

In the field of software, where a lot of code gets published as Free/Open Source software, people receive credit for their work through attribution, reuse, etc. They don't want or need to pursue patents. Those who want software patents typically develop no software at all; they don't even know how to. The patenting of software is pointless as it's the domain of copyrights, not patents.

"The patenting of software is pointless as it's the domain of copyrights, not patents."Watchtroll, which has resorted to publishing press releases (desperate for money perhaps; software patents are a dying business), is still complaining that PTAB is fixing patent scope (i.e. more of the same) and Law 360, which targets the patent microcosm, says that "Kinglite Loses Final Round In PTAB Software Patent Fight" in an article published over the weekend (behind paywall) to say:

Kinglite Loses Final Round In PTAB Software Patent Fight



Claims in two Kinglite Holdings Inc. computer software patents were found invalid Thursday, capping a spate of recent decisions from the Patent Trial and Appeal Board involving more than a dozen patents owned by the Singapore company.

The PTAB said a group of computer hardware companies, led by American Megatrends Inc., had persuasively shown all claims in one Kinglite patent were obvious. Numerous claims in a second patent were also found to be unpatentable.


Another site which favours software patents has just written a little rant about €§ 101/Alice. To quote:

Refusing to consider only elements of patent claims that differed from the prior art in considering patent-eligibility under the test of Alice Corp. v. CLS Bank and 35 U.S.C. €§ 101, a court has denied a defendant’s motion to dismiss. Capstan AG Systems, Inc. v. Raven Indus., Inc., No. 16-cv-04132-DDC-KGS (D. Kans. Jan 11, 2017). The patents-in-suit, U.S. Patent Numbers 8,191,795 and 8,523,085, claim systems and methods for controlling valves of agricultural sprayers. For example, the claimed invention controlled flow rates to provide even spraying when a tractor was turning.


It seems rather apparent that the "golden age" of software patents in the US is over, but over in China the disease of these patents -- and trolls that accompany such patents -- is spreading. See this new article which deals with patents on graphical user interfaces (GUIs) and the latest from IAM, which suggests an expectation of increase in patent litigation:

Back in December, Supreme People’s Court vice president Tao Kaiyuan told media that top authorities were considering the introduction of a national IP appeals court for China. Details are sparse at the moment, but the nation’s top court is likely to be consulting with stakeholders now in order to come up with a more detailed proposal. Madame Tao is a heavy hitter in the Chinese IP policy world, and has been an advocate of both specialised courts and a greater IP role for the judiciary (versus administrative bodies). Her comments are a good indication of what shape the next round of IP reform in China will take.


It sometimes seems like not only jobs are moving to China but so do software patents (which nobody wants anyway) and patent trolls.

Recent Techrights' Posts

Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
 
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day