Bonum Certa Men Certa

Lesson From the United States: Overly Permissive Patent Policy (Maximalism) Can Drive Technology Companies Away

Rodney Gilstrap wanted to attract plaintiffs to his town; instead he drove actual companies away

Rodney Gilstrap



Summary: Technological 'wastelands', or places where science and technology firms choose not to have business (shops/operations/staff/services/hosting), are the main legacy of a lawyers-centric patent policy; EPO must pay careful attention or drive away innovation

On the heels of our previous post about software patents promotion under António Campinos at European Patent Office (EPO) let's look very briefly at what happens in the U.S. Patent and Trademark Office (USPTO).

"Making a country/state/superstate (like EU) friendly to patent trolls and abstract patents simply means that real businesses will go away (or choose not to come); they might be replaced by parasites such as trolls and the arrival of parasitic lawyers who represent the trolls. "The CCIA's Josh Landau has just written this post about Apple's Texas exodus; we wrote about it twice recently (the past few days), on both occasions highlighting the danger this poses to Europe. It is a cautionary tale. Making a country/state/superstate (like EU) friendly to patent trolls and abstract patents simply means that real businesses will go away (or choose not to come); they might be replaced by parasites such as trolls and the arrival of parasitic lawyers who represent the trolls.

In Landau's own words:

Last week, it was widely reported that Apple plans to close its retail stores in the Eastern District of Texas in order to avoid facing patent lawsuits in the district. Given that a single patent lawsuit can easily cost just as much as opening an Apple store (estimated at $8-10 million per store), even if Apple wins the lawsuit, it probably wasn’t a difficult financial decision for Apple: move the stores out of the district and avoid being subject to litigation in a notoriously patent-owner friendly jurisdiction.

But it’s one thing for Apple to close a couple stores in Dallas suburbs. Apple has the financial resources to absorb that cost and the national presence to be able to forgo a store in the Eastern District.

What about a local store located in the Eastern District? (As I covered last week, small business are already frequently targeted by non-practicing entities.) Or a tech startup in Austin, located in the Western District of Texas—a venue already being touted as the next Eastern District?


Yet another reason for Apple to abandon East Texas (as it does), as per this report from earlier this week (with emphasis added):

According to the firms, they were discussing licensing the patents to Apple with the company as recently as January 2017. However, no agreement was formally reached. Optis does not appear to have developed the technology itself. Instead, it purchased many of the patents from companies including Ericsson, Samsung, and LG.

The patent lawsuit was filed against Apple in East Texas. The claimants are requesting a jury trial. A previous case involving the same court and many of the same LTE patents fined Huawei $10.6 million in damages.


East Texas as usual. And this latest "Dallas Invents" post is a symptom of the problem; they mistake patents for inventions. It's a litigation pipeline and a deterrence.

"They just know that software patents have no legitimacy, so they wrap these up in different paper ("AI")."Europe ought to get wise and reject this American/Texan policy, seeing it has led to nothing but trouble. After TC Heartland ( SCOTUS) and 35 U.S.C. €§ 101/Alice a lot of this newly-formed 'litigation' industry is also collapsing, leaving the country and the state with little of anything. 2018 was a really hard time for patent zealots (unlike minimalists) as a lot of patents got invalidated and lawsuits went nowhere. Litigation rates have collapsed. Janal Kalis, a patent maximalist, is still (this week) obsessing over patent applications (not even patents!) because rarely does the Federal Circuit overrule/overturn the Patent Trial and Appeal Board (PTAB). Watchtroll is meanwhile promoting software patents under the cynical guise of "AI" in "Japan Patent Office Case Examples on Artificial Intelligence Offer Guidance for Other Offices on Treating AI Inventions" (link omitted by intention). They just know that software patents have no legitimacy, so they wrap these up in different paper ("AI").

Recent Techrights' Posts

Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026