Bonum Certa Men Certa

Can Alice/35 U.S.C. €§ 101 Stop Microsoft-Connected Patent Trolls in the US?

US map



Summary: The latest lawsuits and inter partes reviews (IPRs) which deal with Microsoft-connected trolls and other potentially-suspicious activities

HAVING spent the past 12 years tracking Microsoft's patent assaults on GNU/Linux, we're pretty familiar with the satellite entities and the history is well documented. The records at the USPTO sometimes show which hands the patents get passed to (various different shell entities, connected to bigger trolls and corporations like Microsoft).

Microsoft still attacks GNU/Linux using software patents and as mentioned here before (earlier this month), Microsoft entryism or hijack of Yahoo turned Yahoo patents into the same thing it turned Nokia's patent portfolio into. These patents are now being passed to trolls, according to RPX and recent docket filings. Even IAM's Richard Lloyd wrote about it the other day:

Twitter found itself on the wrong end of an infringement lawsuit late last month when an entity called Digi Portal accused the social media company of infringing on one of its patents. According to a recent RPX newsletter, Digi Portal is an apparent affiliate of the NPE IP Edge, which, as the most prolific plaintiff in the US over the last two years, has plenty of experience litigating against some of the largest and highest profile companies around. What’s most interesting about the patent-in-suit, though, is that it was previously owned by Excalibur, the corporate vehicle set up to monetise...


Will the underlying patents be challenged by the Patent Trial and Appeal Board (PTAB) and maybe the Federal Circuit (later on)? Do note that IP Edge is involved. We wrote about IP Edge several times earlier this year, e.g. [1, 2, 3, 4]. Had Microsoft not destroyed Yahoo, these patents wouldn't end up in the hands of these trolls.

There's meanwhile other activity of interest. A notorious patent troll, Uniloc, has just been squashed owing to Alice/35 U.S.C. €§ 101. As Docket Navigator put it:

The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s wireless remote control patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "The court concludes that because the asserted claims are directed towards the result -- and therefore, abstract idea -- of wirelessly controlling remote devices, they are patent-ineligible. The specification refers to '⁠[a] method for controlling a remote device[] over a wireless connection.' 'underscor[ing] that [the asserted claims are] directed to an abstract concept.' More importantly, the asserted claims provide only for generic processes and components to achieve that result. . . . And although the Patent purports to solve a number of problems with remotely controlling devices, it does not solve those problems through an improvement in any specific technology."


The Uniloc-Microsoft history is well documented because it went on for many years. At the end, Uniloc received a lot of money from Microsoft.

The Microsoft-connected patent troll Acacia has also just been defeated (in PTAB), as recently as 6 days ago. To quote Unified Patents:

On June 19, 2018, The United States Court of Appeals for the Federal Circuit summarily affirmed the Patent Trial and Appeal Board's ruling in Unified Patents Inc. v. American Vehicular Sciences, LLC IPR2016-00364 that all challenged claims of US Patent 9,043,093, are unpatentable, effectively ending the assertion of those claims against multiple parties.

Owned and asserted by American Vehicular Sciences, LLC, a subsidiary of Acacia Research Corporation, the '093 patent related to a single side curtain airbag for vehicles and has been asserted in multiple district courts against automotive manufacturers and equipment suppliers including Honda, Nissan, Toyota and Hyundai. The infringement case is currently stayed in the Eastern District of Michigan.


Acacia operates though many entities/proxies. Notice how often they targeted GNU/Linux firms like Red Hat. Acacia's connections to Microsoft were covered in dozens of past articles. ⬆

Recent Techrights' Posts

More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
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)
 
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
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
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026