Bonum Certa Men Certa

Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

The epidemic broke out outside of Texas, where Rodney Gilstrap (below) had bred them with favourable rulings

Rodney Gilstrap



Summary: A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia

Rodney Gilstrap, whom we wrote about before [1, 2], may have had a good run facilitating/norturing patent trolls, but his court may later this year be dealt a very major blow from the Supreme Court, which found merit in a complaint about District Courts like the trolls' docket (Eastern District of Texas).



According to this MIP report, the trolls' favourite judge, Rodney Gilstrap in the Eastern District of Texas, allows software patents to tax a Web browser which is based largely on Free software. The toll? $20 million. To quote: "An inventor and his late partner’s family has been awarded $20 million in damages against Google by an Eastern District of Texas jury. In a case presided over by Judge Rodney Gilstrap..."

"Patents in standards (SEP, RAND, FRAND etc.) should not be allowed."This will hopefully be appealed and eventually reach CAFC or SCOTUS; otherwise a lot of Free software out there, not just Web browsers, may be subjected to patent shakedowns that are too expensive to fight back against.

Once again, based on this separate new report from MIP, CAFC turns out to be a lot more strict on patent scope than District Courts. "The Federal Circuit," it says about CAFC, "has found Watson did not infringe Shire’s patent for Lialda, noting the “rare” exception established by Norian to the presumptively closed nature of the “consisting of” language..."

The “consisting of” cases have been covered here repeatedly in recent months. It's not about software patents, but there is still something one can learn from that.

In other news, patent troll MPEG-LA (see background in our Wiki) goes after Huawei, which we wrote about this week in relation to Microsoft proxies attacking it after it had declined to sign patent settlement with Microsoft (paying Microsoft for software that Microsoft never developed). Remember that Microsoft is a prominent member of MPEG-LA and see this tweet where Florian Müller reports "H.264 patent holders and MPEG LA pool contributors suing Huawei and ZTE over alleged infringement. As always with MPEG LA, in Düsseldorf."

"If a so-called 'standard' has patents associated with it, then it ought to be rejected, shunned, or simply deny its adopters the 'privilege' to attack other adopters of it."Müller also took note of this news about BlackBerry suing Nokia. What they have in common is that they are both failed companies that used to make phones (still do, to a lesser degree) but have since since turned into trolls that fight companies, sometimes even in the Eastern District of Texas.

Last night we saw many dozens of articles in English about this (not particularly relevant to software patents which we tend to focus on), including for example "BlackBerry Files Patent-Infringement Suit Against Nokia", "BlackBerry Launches Patent Lawsuit Against Nokia", "BlackBerry Slaps Nokia With A Patent Infringement Lawsuit", "Blackberry Hits Nokia With Suit Over 11 Telecom Patents", and "BlackBerry sues Nokia over patent infringement". As the below makes clear, BlackBerry is just interested in a source of income (cash flow) which does not necessitate production or anything. It wants welfare:

BlackBerry has filed a patent-infringement lawsuit against Nokia, demanding royalties on the Finnish company’s mobile network products that use an industry-wide technology standard.


Patents in standards (SEP, RAND, FRAND etc.) should not be allowed. If a so-called 'standard' has patents associated with it, then it ought to be rejected, shunned, or simply deny its adopters the 'privilege' to attack other adopters of it.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
 
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day